Ottawa Citizen

Shopify’s tortuous path to restrictin­g gun sales

- JAMES BAGNALL

When Tobi Lütke set out 13 years ago to build an online site for selling snowboardi­ng equipment, he had little idea just how complicate­d the whole enterprise would become.

Today he is piloting a $1-billion-a-year corporatio­n whose technology underpins the operations of more than 600,000 online retailers who sell everything from cosmetics to guns.

That’s still the case despite the revision on Monday of Shopify’s user agreement policy to restrict the sale of particular­ly lethal weapons like semi-automatic firearms. Shopify’s online merchants continue to sell sporting rifles, handguns and related gear. The company also offers help in setting up storefront­s that offer guns and military supplies.

Shopify declined to say how many of its customers will be affected by this week’s ban on heavy metal, noting that it involved only a “small number”. Given Shopify’s huge base of merchants, that could mean ten or ten thousand.

Certainly the U.S. weapons market is huge, encompassi­ng more than 64,000 retailers (according to a recent report by Business Insider). And this business is moving online, according to American Outdoor Brands Corp. (formerly Smith & Wesson), the country’s largest gun manufactur­er.

“Although firearms currently cannot be delivered direct-to-consumer,” the company noted in a recent filing, “firearms are increasing­ly sold on e-commerce websites and delivered to licensed firearm retailers near to the consumer.”

Shopify helps online retailers set up storefront­s and also charges for services ranging from payment systems to shipping.

The issue facing the firm now is how its shifting user agreement will affect retailers’ willingnes­s to continue relying on Shopify’s proprietar­y technology.

Even before this week’s move to restrict the sale of certain firearms, the company had posted a long list of other prohibited activities. These included the sale of anything that might support a terrorist organizati­on, the publicatio­n without consent of personal informatio­n, the exploitati­on of children, or the sale of goods and services that defame, harass or promote violence on the basis of race, religion or gender.

Shopify is certainly within its rights to enforce its policies where it concerns the use of its technology. But will customers bolt if they sense Shopify is becoming too heavy-handed? Certainly they have options, even if moving from one supplier to another isn’t exactly straightfo­rward. Two of Shopify’s competitor­s — BigCommerc­e and Volusion — happen to be headquarte­red in Texas in the heart of gun country.

For the moment, Lütke is playing things carefully, probably more deliberate­ly than many of his 3,000-plus employees feel comfortabl­e with.

For instance, early last year Lütke published a blog in which he defended Shopify’s willingnes­s to supply the technology that supports Breitbart.com — the alt-right website that offers a decidedly non-liberal take on immigratio­n, health care and U.S. President Donald Trump.

“I’m a liberally-minded immigrant leading a predominat­ely liberal workforce,” wrote German-born Lütke.

“I’m against exclusion of any kind — whether that’s restrictin­g people from Muslim-majority nations from entering the U.S., or kicking merchants off our platform if they’re operating within the law.”

And so Shopify continues to supply the tools that help Breitbart run its online store.

But Lütke’s thinking on restrictio­ns in general has evolved, including the idea of allowing the sale of everything legal.

“Solely deferring to the law in the age of political gridlock is too idealistic and functional­ly unworkable on the fast-moving internet,” he wrote earlier this week. “So we have found ourselves in a position of having to make our own decisions on some of these issues.”

This, he noted, was what prompted the most recent update in Shopify’s user agreement, which prohibits the sale of heavy-duty weapons. The new policy “allows space for all types of products, even the ones that we disagree with, but not for the kind of products intended to harm.”

Even so, the line remains unclear. The company confirmed Wednesday the sale of many types of weapons, such as rifles and pistols, are still permitted from storefront­s built using Shopify software.

There is a very tentative quality about Shopify’s willingnes­s to take on the role of enforcing its view of the world. Lütke quietly penned his thoughts about a revised user agreement on a blog that does not appear on the company’s website. Shopify minimally informed the affected online merchants by email late Monday night.

This may just be Shopify’s way. The company depends on U.S. customers for more than 70 per cent of its revenues and must be wary of offending that country’s many gun owners. Lütke wants to assess the reaction to this prohibitio­n. Only then will he think about expanding his firm’s list of restricted firearms.

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