The bill improves small businesses' and enforcement partners' access to CBP marketplace and shipping data to combat counterfeit imports, but expands who can receive that data and lowers the sharing standard, increasing risks to privacy and commercial confidentiality.
Small businesses and IP rights holders can receive CBP marketplace and shipping data to help identify and stop infringing imports, improving their ability to protect sales and reduce losses from counterfeit goods.
CBP may share relevant enforcement information with additional interested parties, which can strengthen IP enforcement and help prevent counterfeit or dangerous goods from entering U.S. commerce.
Taxpayers, consumers, and businesses face increased privacy risk because the bill broadens recipients to 'any other party with an interest,' raising the chance that sensitive nonpublic transaction data will be disclosed more widely.
Lowering the sharing standard to a 'reasonable suspicion' threshold permits disclosure of nonpublic business and consumer information based on a relatively low evidentiary standard, increasing the likelihood of unnecessary or improper data sharing.
Sharing marketplace and freight-origin data could reveal firms' commercial confidentiality and supply-chain details to competitors or outside parties, harming business competitiveness and proprietary information.
Based on analysis of 2 sections of legislative text.
Introduced August 1, 2025 by Charles Ernest Grassley · Last progress August 1, 2025
Changes how Customs and Border Protection (CBP) may share nonpublic information about suspected intellectual property (IP) violations. It raises the legal threshold for sharing from a vague "suspects" standard to an explicit "has a reasonable suspicion" standard, adds marketplace and shipment-generated data as a permitted category of nonpublic information, and lets CBP share such information with "any other party with an interest in the merchandise" as the Commissioner deems appropriate.