[RIMR]

Because the devices aren't illegal, and have legal uses, but eBay is being held responsible for the illegal ways end users use these devices.

The only real violation that might have occurred here is not removing listings for these devices where they are explicitly marketed for illegal purposes. Short that, they need to actually justify passing a law outlawing these devices, or they need to enforce the existing laws against deceptive use of these devices.

[enragedcacti]

AFAICT it is up to the EPA whether or not to exempt noncompliant nonroad engines/equipment that are intended solely for competition. I don't think you need to explicitly market a product for illegal purposes for the EPA to determine that it is not unlikely to be used contrary to the intent.

> New nonroad engines/equipment you produce that are used solely for competition are excluded from emission standards. We may exempt (rather than exclude) new nonroad engines/equipment you produce that you intend to be used solely for competition, where we determine that such engines/equipment are unlikely to be used contrary to your intent.

https://www.ecfr.gov/current/title-40/chapter-I/subchapter-U...

[vkou]

The devices are illegal to sell and install. EBay seems to be squarely in the first business.

[chucksta]

They are illegal to install on road vehicles. You can do whatever you want to off road vehicles used in power sports.