Usually reserved as the subject of history or fiction in the United States, piracy has new applications for American households and online retail.
While magnified by the coronavirus pandemic, many households opt for convenience by ordering groceries, gifts and other products online. This trend continues despite risks from porch piracy, which refers to the theft of doorstep deliveries. It isn’t slowing ahead of the 2023 holiday season.
In a June 2023 survey by the consulting firm PwC, half of respondents reported that they intend to increase online shopping in the next six months despite a recent study reporting that 23.8 percent of participants had experienced package delivery theft. Some reports even suggest it could be as high as one-third of all households that have experienced porch piracy. Consumers have persisted with online shopping as a service, even though it carries a greater chance of theft.
Lawmakers know it’s a serious issue. The question is, what are they going to do about it?
Title 18 of the U.S. Code, which outlines various criminal provisions and penalties, contains sections 659 and 2117 that address the theft and tampering with interstate or foreign shipments by carriers. These sections are designed to protect the transportation of goods and chattels, whether by rail, truck or other means, and ensure the security of the supply chain.
The code is silent on goods stolen from the doorstep that have been left there by a delivery service. Lawmakers have long discussed how to codify this issue in national law but have fallen short of getting it on the legislative agenda.
It is hoped 2023 is the year for success. New legislation titled Porch Pirates Act of 2023 would amend Title 18 to cover packages left for collection that have yet to reach their intended recipient.
This change would address a crucial gap in the legal framework by explicitly defining and criminalizing theft or fraud related to packages delivered by private or commercial interstate carriers. As e-commerce and online shopping continue to grow, the protection of packages during transit is of paramount importance to consumers.
Passing this legislation would also provide a uniform legal standard across all states. Currently, the laws surrounding porch piracy can vary from state to state, causing inconsistencies in enforcement and penalties. A federal law addressing this issue would ensure consistency and fairness in addressing package theft and fraud.
An amendment like this would also acknowledge the importance of timely and secure package delivery, which is vital for businesses and individuals. Criminalizing actions that compromise the integrity of the delivery process promotes trust and reliability in the interstate commerce system. It will disincentivize would-be criminals from engaging in this sort of behavior in the future.
New laws don’t always work seamlessly, but in this case, they address a critical gap in the legal framework, bolstering package security and consumer trust. Its uniform application nationwide would simplify the legal process, ensuring consistent protection and clearly understood rules for delivery services to follow. Additionally, this law would serve as a powerful deterrent against theft, making it an effective and necessary addition to the legal landscape.
The first step in ensuring a successful and safe holiday season is to raise awareness of these provisions and potential amendments. It is crucial to establish coordination among federal, state and local law enforcement agencies to ensure cargo theft and tampering, which often cross jurisdictional boundaries, is limited.
The holiday season is stressful; these amendments would make it easier for all.

