NetChoice in the News

Don’t Surrender Free Speech in Effort to Regulate Online Political Ads

There has been much speculation about the online advertisements placed by Russian agents in last year’s presidential election. Was this a plot to swing the outcome? Or was it an effort to create chaos and divide our country?

Whatever the reason, there is one thing we can all agree on: foreign meddling in the domestic affairs of the United States cannot be tolerated and must be stopped.

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BNA Bloomberg - Will Goodlatte’s Retirement Lead to Federal Digital Tax Solution?

However, the congressman has nearly a year left on Capitol Hill, a period of time that won’t go to waste, Steve DelBianco, president and CEO of NetChoice, a Washington-based internet commerce trade association, told Bloomberg Tax.

“There is still plenty of time for Goodlatte to cement his legacy as a thoughtful and principled leader, and I expect he will be central to the internet tax debate right through his last day in Congress,” DelBianco said, adding that “court consideration of Quill will remind everyone that the Constitution gives Congress the power to regulate interstate commerce.”

DelBianco noted that due to GOP self-imposed term limits, Goodlatte would’ve relinquished his chairmanship at the close of the 115th Congress anyway.

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Plain Text - Public Comments on the FTC Privacy and Security Workshop: The Good, the Bad, and the Ugly

Carl Szabo at NetChoice points out that such an approach effectively creates a “guilty before proven innocent” regime, and unjustly puts the burden of proof on the accused. Furthermore, such an arrangement has already been prohibited by the Supreme Court in Spokeo v. Robins.

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Washington Post - Internet companies drop opposition to bill targeting online sex trafficking

NetChoice, another Internet trade group that has brought lawsuits against state laws imposing sales tax mandates and privacy restrictions, used former congressman Chris Cox, who co-wrote the Communications Decency Act, to testify in the House last month that there were better ways to address the problem.

Steve DelBianco, president of NetChoice, said Monday that it was “good to see the progress made from collaborative efforts on all sides,” but that the group still favored using existing laws to go after online traffickers, as Cox advocated. “Federal prosecutors are apparently having trouble bringing sex traffickers to justice — even though they’re explicitly unhindered by Section 230″ of the Communications Decency Act, DelBianco said. “We need stronger legal remedies than just amending” the anti-sex-trafficking statute, he added.

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digiBoston - Crutchfield sues Mass over online taxes, unions protest Siemens

The Salem News also notes that NetChoice—a group representing online retailers like eBay and PayPal—is arguing “that the Baker administration doesn’t have the authority to tax businesses with no actual presence in Massachusetts.”

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Daily News of Newburyport - Va. company sues Mass. over online taxes

NetChoice — a group that represents online retailers, including Overstock.com, eBay and PayPal — argues that the Baker administration doesn’t have the authority to tax businesses with no actual presence in Massachusetts.

The group filed a legal challenge earlier this year blocking a similar policy that was supposed to go into effect July 1. Revenue officials rewrote the rules to get around issues raised by a state judge and imposed a Oct. 1 start date for the new policy.

NetChoice Director Steve DelBianco said the case could set a precedent.

“Crutchfield’s lawsuit relies on an existing Virginia law designed to protect Virginia businesses from the reach of a tax collector from a state where the business has no physical presence whatsoever — which is exactly what Massachusetts is trying to do”

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K Ten News - Why Modern Digital Estate Planning and Password Sharing Don't Mix

“Professional estate planners and clients should seek lawful, effective, and secure ways to protect their digital assets that don’t require account or password sharing,” said Carl M. Szabo, NetChoice Senior Policy Counsel. We found several companies providing estate management solutions but only one, DCS did not require account passwords,” said Szabo. “This no password solution can help estate planners avoid violating federal and state laws and website privacy policies and Terms of Service.”

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Tucson News Now - Why Modern Digital Estate Planning and Password Sharing Don't Mix

“Professional estate planners and clients should seek lawful, effective, and secure ways to protect their digital assets that don’t require account or password sharing,” said Carl M. Szabo, NetChoice Senior Policy Counsel. We found several companies providing estate management solutions but only one, DCS did not require account passwords,” said Szabo. “This no password solution can help estate planners avoid violating federal and state laws and website privacy policies and Terms of Service.”

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Illinois Policy - While Illinois courts Amazon, privacy litigation threatens tech firms, Illinois employers

Steve DelBianco, the president and CEO of e-commerce association NetChoice, in an Oct. 24 op-ed in The State Journal-Register called out “over-regulations” and “special interest attorneys” for “placing more hurdles on the path to prosperity for Illinois’s tech scene.”

DelBianco criticized the flurry of class-action litigation under Illinois’ Biometric Information Privacy Act, or BIPA, which he said plaintiffs’ attorneys are pursuing “to increase their bottom line while harming some of our country’s leading tech companies.”

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Bloomberg BNA - High Court Should Review South Dakota Digital Tax Case: Brief

The American Catalog Mailers Association and NetChoice suit against Indiana’s anti- Quill legislation continues as Wayfair and Overstock.com dove further into the case after the state dragged them into the case Am. Catalog Mailers Ass’n. v. Krupp, Ind. Super. Ct., No. 49D01-1706-PL-025964, answer and third-party complaint filed 8/28/17…The ACMA and NetChoice brought the case in an attempt to invalidate House Enrolled Act 1129, which requires out-of-state retailers to collect and remit Indiana sales tax if those sellers have 200 or more transactions in the state or sell $100,000 or more in-state.

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Madison County Record - While Illinois courts Amazon, privacy litigation threatens tech firms, Illinois employers

Steve DelBianco, the president and CEO of e-commerce association NetChoice, in an Oct. 24 op-ed in The State Journal-Register called out “over-regulations” and “special interest attorneys” for “placing more hurdles on the path to prosperity for Illinois’s tech scene.”

DelBianco criticized the flurry of class-action litigation under Illinois’ Biometric Information Privacy Act, or BIPA, which he said plaintiffs’ attorneys are pursuing “to increase their bottom line while harming some of our country’s leading tech companies.”

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Avalera - Remote online seller tries to crush Massachusetts cookie law

Crutchfield isn’t the only retailer up in arms over the Massachusetts regulation, though it is the first to file suit against it. It may not be the last. The American Catalog Mailers Association (ACMA), which is dedicated in part to “fending off intrusive sales tax legislation,” has been working to raise funds from members to challenge the policy itself. ACMA and NetChoice (an ecommerce trade association) successfully blocked Directive 17-1, an earlier attempt by Massachusetts to tax sales by out-of-state internet vendors.

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Digital Commerce 360 - Crutchfield sues to block Massachusetts from collecting online sales tax

Steve DelBianco, executive director of e-commerce advocacy group NetChoice, said, “If the Virginia court finds that Crutchfield lacks physical presence in Massachusetts, all of us can re-focus on helping Congress to design appropriate national legislation to address sales tax on remote sellers.”

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Roll Call - Sex Trafficking Bill Would Narrow Protections for Internet Companies

But the narrowing has drawn opposition from NetChoice, an alliance that includes Facebook and eBay. The bill would would raise questions about why sex trafficking was given special treatment and other online crimes like terrorism were not, said former Rep. Christopher Cox, one of the authors of the 1996 law and now outside counsel for NetChoice.

“There would now be a different rule for one crime,” Cox said.

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Innovation for America — But not for Illinois

Individual privacy is important, and Illinois should continue to enact legislation that protects our state’s consumers. However, when class-action attorneys abuse Illinois’ privacy laws to create new laws that will only enrich themselves, Illinois residents will be the ones left out as the rest of country’s technology advances.

For example, Illinois residents cannot use several home-security cameras with facial recognition to know when their children arrive home safely from school. They also cannot use facial recognition to tag and find friends and family members in personal photos stored on Amazon Photos.

READ MORE at State-Journal Register

Eagle Tribune - Virginia company sues Mass. over online taxes

NetChoice — a group that represents online retailers including Overstock.com, eBay and PayPal — argues that the Baker administration doesn’t have the authority to tax businesses with no actual presence in Massachusetts.

The group filed a legal challenge earlier this year blocking a similar policy that was supposed to go into effect July 1. Revenue officials rewrote the rules to get around issues raised by a state judge and imposed a Oct. 1 start date for the new policy.

NetChoice Director Steve DelBianco said the case could set a precedent.

“Crutchfield’s lawsuit relies on an existing Virginia law designed to protect Virginia businesses from the reach of a tax collector from a state where the business has no physical presence whatsoever — which is exactly what Massachusetts is trying to do,” he said.

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BNA Bloomberg – Massachusetts Online ‘Cookie’ Tax Rule Faces Legal Fight

BNA Bloomberg – Massachusetts Online ‘Cookie’ Tax Rule Faces Legal Fight

Steve DelBianco, president and CEO of NetChoice, a lobbying group for e-commerce companies such as Facebook.com Inc., PayPal Inc., and eBay Inc., said the lawsuit “relies on an existing Virginia law designed to protect Virginia businesses from the reach of a tax collector from a state where the business has no physical presence whatsoever–which is exactly what Massachusetts is trying to do.”

“If the Virginia court finds that Crutchfield lacks physical presence in Massachusetts, all of us can re-focus on helping Congress to design appropriate national legislation to address sales tax on remote sellers,” he told Bloomberg Tax Oct. 25.

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Zhong Sanchez - States Probing Boundaries of 'Physical Presence'

To no one’s surprise, this directive immediately was challenged by NetChoice, a trade association of internet companies and organizations dedicated to advancing the interests of e-commerce businesses and online consumers, and the American Catalog Mailers Association, with the plaintiffs advancing two arguments in their suit.

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Tax Connections - Online Sales Tax Bill Defeated In SD Supreme Court

However, as Steve DelBianco, executive director of NetChoice, said in a statement, “This ruling gives the state what it wanted all along—a case they could appeal to the U.S. Supreme Court.” South Dakota was hoping for a quick decision so the matter would be eligible to take before the U.S. Supreme Court when its October 2017 docket opens up.

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