Cassidy Says INFORM Act Has Easier Path to Passage Than Shop SAFE
Sen. Bill Cassidy, R-La., said his INFORM Consumers Act, which would require e-commerce platforms to verify the identity of sellers of a certain size, could pass during this Congress, given that Amazon, the most prominent e-commerce player, has blessed the language in it. Cassidy, who spoke to International Trade Today in a phone interview, said that the fact that the House and Senate have identical language in the INFORM Act also would make it easier to get it through Congress. Senate Judiciary Committee Chairman Dick Durbin, D-Ill., is the other lead sponsor of the bill.
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"We’re looking for a vehicle" the bill could ride on, he said. "Right now, now that's a little bit of a challenge, but hopefully we could find one." He said, "Could there be a modification? Yes, it's not written in stone."
Cassidy said he would like the Shop SAFE Act to pass along with the INFORM Act; the Shop SAFE Act would require foreign sellers on e-commerce platforms to accept personal jurisdiction in the U.S. and allow themselves to be served in a lawsuit (see 2109290055), and would ask platforms to make reasonable efforts to screen for sellers who are likely to sell counterfeit goods.
Cassidy said getting Amazon's support for the INFORM Act, after it had input into the bill, has put the bill closer to becoming law. "We had draft legislation for this a year ago, last Congress, but Amazon wasn’t in the right place," he said. But while stakeholders have lined up to support the revised INFORM Act, the Shop SAFE Act is in "a different place," Cassidy said. Still, he said, it's absolutely important to him to advance that bill.
Cassidy, who spoke to a conference attended by business interests that hope that the INFORM Act can cut down on shoplifters selling stolen goods online, said you have to be patient when pushing for legislation to combat illegal commerce. He said he first got involved in the issue six years ago.
"As you learn enough to write the legislation, and then you learn enough about how people react to it, in order that you can actually get it passed, and then you socialize among colleagues, both parties, both chambers."
He said the sale of counterfeits and stolen goods online has only recently been generally known as a major problem, though he noted that some trade groups have been pushing the government to crack down on the sale of counterfeit goods for 10 or 20 years, back when the primary problem was sales at flea markets or street vendors.
Cassidy said the rise of online platforms where individuals can set up virtual storefronts has extended the reach of illicit commerce.