FedEx has sued the US Department of Commerce and Madame Secretary of Commerce Wilbur Ross over the impossibility of complying with the full extent of USG export control regulations. In the filing FedEx swears that they have a sophisticated system for checking sender and recipient identities against the USG's restricted entity list, but that determining whether any particular item entrusted to them as a common carrier is export controlled presents an excessive burden such that effective checks would require them to discard any pretense of customer privacy while forcing them to violate other laws in the process.
FedEx further laments that in other contexts common carriers enjoy protection from liability with respect to the contents of the package they are conveying, but not in this case. Either FedEx implements a regime of intensive package inspection trying to comply with US export controls and in the process breaks numerous other laws in their global area of operations, or they perpetually sit exposed to liability if the USG catches something going through under their care in violation of US export controls. Thusly, FedEx seeks relief under the Fifth Amendment of the US Constitution, because these burdens were placed upon them without due process. The full filing is below: Continue reading