 You can bet NC is drafting a more specific request right now
Judge says state can make a more specific requiest for information
All
around the country different states have tried to find ways to
collect sales tax on purchases that state residents make online. More
than one state has tried to capture sales tax from Amazon over the
years and the latest to step up and try is North Carolina.
Amazon
has been trying to block NC from forcing it to give up detailed
customer data that the state could use to link buyers to specific
products purchased. Amazon and the ACLU took the case to court and
Amazon has won a small victory with the judge
presiding over the case ruling that NC has "no
legitimate need" for details about what books, music, and movies
the customer purchased at the site according to CNET
News.
The
judge presiding over the case is U.S. District Judge Marsha Pechman
from Washington State. She wrote, "In spite of this [lack of
need], (North Carolina) refuses to give up the detailed information
about Amazon's customers' purchases, while at the same time
requesting the identities of the customers and, arguably, detailed
records of their purchases, including the expressive content."
CNET
News reports
that the information that Amazon has already turned over includes
details of what items were shipped to specific zip codes within the
state. The legal battle began when NC asked for specific names and
addresses for each purchase and threatened to sue if it didn’t get
the information. Amazon has no physical presence in NC, but the state
has a use tax of 5.75% that is applied to anything purchased or
received via the mail.
The ruling isn’t a clear victory for
Amazon. Pechman noted that there is nothing preventing NC from
deleting the data it has on file and making a more specific request
for information. She stated, "Issuing the declaratory relief as
phrased does not prohibit (N.C. tax collectors) from issuing a new
request for information as to only the names and addresses of
Amazon's customers and general product information, assuming that
(the state) destroys any detailed information that it currently
possesses."
The ACLU
joined Amazon in the fight to keep purchase data private for
NC buyers earlier this month. The saga between Amazon and NC
started back in April 2010. NC residents that didn't pay the use tax
could be hit
with a 25% fine for not paying the state tax on their
purchases.
"Mac OS X is like living in a farmhouse in the country with no locks, and Windows is living in a house with bars on the windows in the bad part of town." -- Charlie Miller
|
Most Popular ArticlesBerkeley Trains "Harmless" Viruses to Harvest Human Kinetic Energy May 15, 2012, 12:01 PM Quick Note: Verizon Wireless Clarifies Stance on Unlimited LTE Data May 18, 2012, 8:08 AM HTC Implements Workaround to Apple's Patent for Evo 4G LTE, One X May 17, 2012, 4:35 PM DDOS Attack Cripples The Pirate Bay May 16, 2012, 1:42 PM Game Over? Apple's Bid to Kill HTC Nears Fruition as ITC Blocks Imports May 16, 2012, 11:35 AM
|