POLITICO - Morning Tax: Getting on the same page

Those opposed to giving states more power to collect from out-of-state retailers said they’re gearing up for a potential date with the U.S. Supreme Court. “We will be ready to show that the perspective of these three large online retail defendants is only a small part of the story,” said Steve DelBianco of NetChoice, referring to Newegg, Overstock and Wayfair.

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POLITICO - Former congressman lobbying for NetChoice on sex-trafficking bill

“It’s the right aim, the right idea — but in some subtle yet critical respects, the wrong approach,” Cox said of SESTA in an email. “Proper application of the existing statute will punish the guilty while protecting the innocent.”

“One of the things we’re working on is to help clarify the legislative intent and clarify what Congress was thinking when it created Section 230 to help ameliorate the confusion in the courts,” Carl Szabo, senior policy counsel at NetChoice, said in an interview.

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The Consumerist - Why You Should Care About South Dakota’s Controversial Online Sales Tax Law

Shortly after the law was passed, the state asked a judge to proactively declare that retailers must comply with the law. Coming at it from the other side, the American Catalog Mailers Association and NetChoice, an online retail trade group sued to block the law from being enforced, as did online retailers NewEgg, Overstock.com, and Wayfair.

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eCommerce Bytes - New Developments in Online Sales Tax Debate

Some like NetChoice point to the fact states have a way to collect taxes on purchases made by residents from out-of-state retailers – they require their own citizens to pay “use” tax for transactions in which out-of-state retailers don’t collect the “sales” tax. 

NetChoice is a trade association of ecommerce businesses and writes on its website, “most states have done little to educate consumers about their use tax obligation or to provide them with an easy mechanism for compliance. This suggests there may not be enough revenue involved for the states to invest time and resources in its recovery.”

NetChoice Executive Director Steve DelBianco said of today’s developments:

“This ruling gives the state what it wanted all along – a case they could appeal to the US Supreme Court. If the high court takes this case, we will be ready to show that the perspective of a few large online retail defendants is only a small part of the story. In fact, many thousands of smaller businesses would bear disproportionate burdens and costs if they are forced to become tax collectors for 12,000 jurisdictions across 46 states.”

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BNA Bloomberg - South Dakota Supreme Court Strikes Digital Sales Tax Statute

Steve DelBianco, executive director of NetChoice, a Washington, D.C.-based internet commerce trade association, told Bloomberg BNA that if the U.S. Supreme Court takes up the case, NetChoice would be quick to back up smaller remote retailers, who DelBianco argues would be harmed the most if Quill was overturned.

“If the high court takes this case, we will be ready to show that the perspective of the three large online retail defendants is only a small part of the story, since many thousands of smaller businesses would bear disproportionate burdens and costs if they are forced to become tax collectors for 12,000 jurisdictions across 46 states,” DelBianco said.

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BNA Bloomberg - Massachusetts Sets ‘Cookie’ Tax Regulation Without Delay

A representative from Washington, D.C.-based NetChoice, which sued the DOR over Directive 17-1, attended the public hearing but didn’t comment.

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Chicago Tonight WTTW - Geolocation Privacy Protection Act Awaits Action by Rauner

But it could be bad for users’ experience, says Carl Szabo, senior policy counsel for the trade association NetChoice which advocates for fewer restrictions on online businesses.

“Having more pop-ups when you use your device or different pop-ups can create confusion,” Szabo said. “[This bill] begins messing with the notices we’ve become accustomed to using and become familiar with. It requires custom notifications for each app.”

Szabo is also concerned about the language in the bill, which says geolocation information includes the “precise” location of the device. “[HB3449] doesn’t define precise. Is it exactly where I am now? Is it the address? Is it the city block? … Without that that definition I worry there can be abuses of the gaps in the legislative language,” Szabo said. “[The bill] has undefined terms that leave businesses open to legal action.”

Opponents, like Szabo, say consumers are already protected under the federal legislation, specifically Section 5 of The Federal Trade Commission Act.

“We already have the laws on the books to address the concerns being raised by sponsors and supporters of the bill,” Szabo said. “The FTC Act is decades old, well established and enforced vigorously. … It prohibits unfair or deceptive trade practices.”

Both the federal government and states’ attorneys can enforce the act, according to Szabo. “Complaints are filed fairly often by consumer advocate groups not only with the state attorney general but with the Federal Trade Commission itself,” he said.

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BNA Bloomberg - Daimler Backs Car-Sharing Startup Under Pressure From Hertz

While Turo is tiny compared with Uber Technologies Inc. or Airbnb Inc., the resistance it’s seeing from established players is reminiscent of what the larger upstarts faced from taxi and hotel companies, said Steve DelBianco, executive director of NetChoice, a trade group representing online businesses including Turo.

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Business Advocate - Massachusetts: Department of Revenue proceeds with proposed nexus regulation

On the other hand, entities representing internet sellers, like Netchoice and the American Catalog Mailers Association (ACMA), oppose remote nexus laws like this one.

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Associated Press - Indiana files lawsuit to defend out-of-state sales tax law

The lawsuit is in response to another lawsuit the American Catalog Mailers Association and NetChoice filed in June challenging the state’s new sales tax law and its implementation. It aims to level the playing field between Indiana businesses and out-of-state businesses that sell products online.

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