American Business Media (ABM), a grouping of business information companies, has reportedly joined with other publishing and data-collection associations and companies in supporting the US' First Amendment right to gather, market and sell data. This follows a reported split of opinion that has developed between two federal appeals courts concerning the right to collect and sell data. Contrary to a previous ruling that held that sale of data was no different from sale of 'beef jerky', the most recent decision held that the First Amendment prevents legislatures from banning the collection and sale of data.
As a result of the conflict, the issue of First Amendment rights to collect, market and sell data may be headed for review by the US Supreme Court. ABM's involvement at the Supreme Court level is considered important in showing the court that restrictions on data collection and sales could have broad and serious repercussions throughout American industry.
Many members of ABM, and companies with which they work, collect and sell data compilations. Collecting and selling data is similar to gathering news and publishing news reports, which has strong First Amendment protection. However, data collection activities are under attack, and the constitutional protection for these activities is unclear because of the split decisions, it has been observed.
In addition to endangering the right to collect and sell information, adverse rulings could also affect the rights of advertisers to place advertising. The theory behind restricting data collection - that restricting access to lawful information is a valid means for influencing consumer behaviour - could, if upheld, be used to restrict companies from advertising lawful products and services.
According to an ABM release, any restrictions on the rights of publishers and other data collectors to collect and sell information, or on business generally to engage in marketing and advertising, could seriously imperil traditional income streams of members of the business-to-business industry.
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