Interesting People mailing list archives

Amazon.com fights tax collectors' demands for 50 million customer records


From: Dave Farber <dfarber () me com>
Date: Tue, 20 Apr 2010 07:35:14 -0400





Begin forwarded message:

From: Declan McCullagh <declan () well com>
Date: April 20, 2010 1:51:49 AM EDT
To: Dave Farber <dave () farber net>
Subject: Amazon.com fights tax collectors' demands for 50 million customer records


Dave,

IPers may be interested in our story over at CNET:

http://news.cnet.com/8301-13578_3-20002870-38.html
Amazon.com filed a lawsuit on Monday to fend off a sweeping demand from North Carolina's tax collectors: detailed 
records including names and addresses of customers and information about exactly what they purchased. The lawsuit 
says the demand violates the privacy and First Amendment rights of Amazon's customers. North Carolina's Department 
of Revenue had ordered the online retailer to provide full details on nearly 50 million purchases made by state 
residents between 2003 and 2010.

The background is that last year, N.C. enacted a law saying that the existence of an affiliate program required 
Amazon.com to collect sales tax on shipments to that state. Amazon promptly ended its N.C. affiliate program. But the 
state seems to be claiming that it can collect these taxes from retailers *retroactively*.

If we were just talking about widgets, that would be one thing. But because books and movies are involved, there are 
special First Amendment and privacy concerns. For background, see:
http://www.cobar.org/opinions/opinion.cfm?OpinionID=560
http://news.cnet.com/8301-13578_3-9824635-38.html
http://epic.org/privacy/vppa/

I wonder if the N.C. tax collectors really thought this through. They tell me to expect a public statement from them 
on Friday.

-Declan




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