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'We're trying to create an environment where people feel safe and secure in their ability to trade goods.' -- Brad Handler, eBay's corporate counsel.  |
The firearms restriction caused particular concern, since unlike erotica, there are no laws that prohibit showing that information to minors, although federal regulations do prohibit anyone under 18 from buying a handgun or long gun.
"We're trying to create an environment where people feel safe and secure in their ability to trade goods," said Brad Handler, eBay's corporate counsel. Handler said that using credit cards to verify customer age is one of eBay's new procedures, and that it only applies to regulated or legislated industries, such as firearms.
A wise move?
A posting by a user on eBay's bulletin boards, quoted an eBay customer service e-mail as stating that the decision is designed to protect its users.
"By implementing this access change, we are not only separating the adult or firearm area and protecting it from entrance by minors, but also protecting our sellers from inadvertently selling items to minors," the post states.
That could be wise on eBay's part, said Solveig Singleton, director of information studies at The Cato Institute in Washington, D.C.
"From a legal standpoint, an auction isn't like a public street: You don't have a right to go there. But one thing they might be concerned about is that even though they are only a clearing house, tort law is sufficiently unpredictable that they might be held liable," she said. "A lot can depend in a jury trial in how well the lawyers play on juries' sympathies."
And officials said that they realize requiring credit cards for access is not a foolproof system.
ATF a factor
"This is obviously not a failsafe system., We know this isn't going to stop every instance and we are continually looking at ways to evolve policies and procedures that can make it a safe way to trade," Handler said.
eBay said they have been in contact with the Bureau of Alcohol, Tobacco and Firearms, and that the ATF "alerted us to the fact that firearms are a regulated industry, and because of that we have responsibility."
Both the ATF and eBay denied that the ATF suggested the policy change, although posts by an eBay employee to the company's bulletin board implied that this was the case.
"This would not be something ATF would request, require, or even suggest," said Dennis Anderson, public information officer for regulatory enforcement in the Western District of the ATF in San Francisco.
"The particular solution we chose was not suggested by any agency," eBay's Handler said.
