A bill to expand the sharing of information with respect to suspected violations of intellectual property rights in trade.

Enumerated powers · passes

The bill falls under the federal government's enumerated power to regulate foreign commerce under Article I, Section 8, Clause 3. Customs and Border Protection's role in enforcing intellectual property rights at the border is a legitimate exercise of this power.

Bill of Rights · raises concerns · severity: significant

The expansion of information sharing to include nonpublic information from online marketplaces and other entities raises Fourth Amendment concerns. The Fourth Amendment protects against unreasonable searches and seizures, and the sharing of nonpublic commercial information without a warrant or clear statutory safeguards may be considered an unreasonable search. Additionally, the bill's 'reasonable suspicion' standard for requesting assistance is lower than the probable cause standard typically required for searches, though border searches have historically been subject to a lower standard. The lack of explicit limitations on the use and dissemination of shared information exacerbates the risk of infringement.

Individual liberty · raises concerns · severity: significant

The bill allows CBP to share nonpublic information about imported merchandise with private parties, including information generated by online marketplaces and freight forwarders. This could expose individuals and businesses to increased surveillance and potential misuse of their proprietary or personal information without their consent. The government has not demonstrated a compelling justification for expanding the scope of information sharing beyond what is necessary to enforce intellectual property rights, and the burden is on the government to justify such restrictions on individual privacy and property rights.

Decentralization · passes

International trade is a matter of federal concern, and the enforcement of intellectual property rights at the border cannot be effectively handled by individuals, local communities, or states alone. The bill does not consolidate decision-making at a higher level than necessary, as the federal government is the appropriate authority for customs and border enforcement.

Due process and takings · raises concerns · severity: significant

The bill's expansion of information sharing lacks clear procedural safeguards, such as notice to the importer or an opportunity to contest the sharing of nonpublic information. This could deprive individuals and businesses of property interests (e.g., trade secrets, confidential business information) without due process of law, violating the Fifth Amendment's Due Process Clause. The bill also does not provide for just compensation if the sharing of information results in a taking of property.