What changed between these versions
A substantive refinement of information sharing provisions. v2 clarifies the standard for suspicion, expands the types of physical evidence that can be shared, and adds a new requirement for notification when nonpublic information is transmitted by U.S. Customs and Border Protection.
Overview
A handful of targeted changes are present. · v2 refines and slightly expands the scope of information sharing authority while also introducing a new procedural notification requirement.
The primary changes in v2 involve a more precise definition of the "reasonable suspicion" standard for U.S. Customs and Border Protection (CBP) to share information regarding intellectual property rights violations. It also broadens the scope of physical evidence that can be shared to include "packing materials" and "containers" more explicitly and consistently. Furthermore, v2 introduces a new requirement for CBP to provide notification to the person when nonpublic information is transmitted, adding a layer of transparency. The core intent of expanding information sharing remains consistent.
Major additions
This new paragraph mandates that when nonpublic information, as described in the preceding paragraph (3), is provided to a person, U.S. Customs and Border Protection (CBP) shall also provide notification of the information transmitted, in accordance with regulations prescribed by the Secretary.
This addition introduces a new procedural safeguard and transparency measure for individuals or entities whose nonpublic information is shared by CBP. It ensures that affected parties are informed about the data transmission, which could impact their ability to respond or understand the scope of information being used in investigations.
Modifications
This change provides a more defined legal threshold for CBP's actions, potentially offering a clearer standard for judicial review or internal agency guidelines. It may slightly narrow the circumstances under which information can be shared, requiring a more concrete basis for suspicion.
Before
The original text allowed U.S. Customs and Border Protection (CBP) to share information when it "suspects" a violation of intellectual property rights.
After
The revised text requires CBP to have "a reasonable suspicion" of a violation before sharing information.
This modification clarifies and potentially broadens the types of physical evidence (beyond just the merchandise itself) that CBP can share with intellectual property right holders, aiding in the identification of counterfeit goods. It ensures a more comprehensive range of associated items can be used for verification.
Before
v1 allowed for the sharing of images of merchandise and specified inserting ", packing materials, shipping containers," after "its packaging" each place it appears.
After
v2 refines this by inserting ", packing materials, containers," after "its packaging" the first place it appears, and then specifically striking "and its packaging and labels" after "images of the merchandise" and inserting ", its packaging, packing materials, containers, and labels".
The operative impact is minimal, primarily affecting readability and legal drafting style rather than the practical application or scope of the information sharing authority itself. The conditions under which nonpublic information can be shared remain unchanged.
Before
v1 structured the provision for sharing nonpublic information into two sub-paragraphs, (A) and (B), detailing the origin and acquisition of the information.
After
v2 consolidates the content of the two sub-paragraphs into a single, continuous sentence, maintaining the same substantive conditions for sharing nonpublic information.
Scope
Meaningful expansion or narrowing — The changes are concentrated within a single section (Section 1) of the bill, which amends a specific section (Section 628A) of the Tariff Act of 1930. — v2 represents a refinement and slight expansion of existing policy within the same overall direction of enhancing intellectual property rights enforcement through information sharing. It also adds a new procedural safeguard. — The changes primarily affect the specific provisions of 19 U.S.C. 1628a, clarifying and expanding its application without broad interactions with other unrelated provisions of the Tariff Act. The new notification requirement adds a procedural step to the existing information sharing framework.
Impact analysis
U.S. Customs and Border Protection (CBP)
Procedural change and increased administrative burden.
CBP is now required to operate under a "reasonable suspicion" standard for information sharing, a slightly higher and more defined threshold than "suspects." Additionally, CBP must now provide notification to the person when nonpublic information is transmitted.
Intellectual Property Right Holders
Gain (enhanced ability to identify violations).
The scope of physical evidence that can be shared by CBP has been clarified and slightly expanded to explicitly include "containers" more consistently, potentially providing more comprehensive information for identifying violations.
Individuals/Entities whose Nonpublic Information is Shared by CBP
Gain (increased transparency and procedural safeguard).
A new requirement mandates that CBP provide notification to these individuals/entities when their nonpublic information is transmitted under the authority of paragraph (3) of subsection (a).