Customs agency gains power to share seller data with IP holders
H.R. 4930 — To expand the sharing of information with respect to suspected violations of intellectual property rights in trade. · Filed by Blake Moore (R-UT) · 6 cosponsors · Introduced Aug 8, 2025 · Passed chamber
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What it does
This bill expands what information U.S. Customs and Border Protection (CBP) can share with intellectual property rights holders when investigating suspected trademark or patent violations in imported goods. It lowers the evidentiary bar from 'suspects' to 'has a reasonable suspicion,' broadens the types of physical evidence CBP can disclose (adding packing materials and containers), and crucially allows CBP to share nonpublic data collected by online marketplaces, freight forwarders, and other intermediaries—information those platforms provided to CBP—without the IP holder having to request it. It also requires CBP to notify recipients of what information was shared.
Why we flagged it
The bill's operative mechanism is not a new right or remedy for IP holders, but rather an expansion of government surveillance authority and data-sharing powers. CBP gains discretion to disclose more categories of evidence and nonpublic third-party business data on a lower suspicion threshold, benefiting IP enforcement at the expense of importer privacy and commercial confidentiality.
What the text implies
- Nonpublic marketplace and logistics data (seller identity, shipping patterns, order history, payment methods) collected by platforms and forwarding companies will now flow to CBP and be shared with IP claimants without seller consent or knowledge, creating a secondary surveillance channel outside traditional discovery.
- The 'reasonable suspicion' standard is significantly lower than 'probable cause' or 'clear evidence' and is not defined in the statute, giving CBP broad discretion to initiate information-sharing based on preliminary or circumstantial indicators.
The full analysis lists 5 implications of this text.
Who stands to gain
large intellectual property holders and brand owners; IP enforcement firms and litigation support services; customs brokers and trade compliance consultants