The revision, posted a week ago, would explicitly allow eBay to transfer that information and avoid the legal hassle the now-defunct Toysmart.com encountered when it tried to sell its customer list as an asset during bankruptcy proceedings last summer.
Two months ago, a federal judge ruled in favor of a deal in which Buena Vista Internet Group, a subsidiary of The Walt Disney Co., would pay Toysmart US$50,000 to destroy its customer list. Disney owned 60 percent of the bankrupt company.
Both eBay and Toysmart had agreed not to sell customer information to third parties in exchange for the right to post the Truste privacy symbol on their sites.
That promise, and Toysmart's subsequent attempt to sell the list, angered privacy groups, including Truste, and gained the attention of the US Federal Trade Commission. Both sought to block the sale.
The US House of Representatives and the Senate each recently passed similar privacy protections, and President Bush is expected to sign a final bill soon.
The legislation forbids companies from selling customers' personal information at the time of bankruptcy if they had previously promised they wouldn't do so. However, a sale or lease of the data can go through if it's consistent with preexisting company policy or if the move has come under court consideration.