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In wrangle over antiquities, it's in British Museum v. eBay

British MPs are trying to stop the drain of antiquities out of the UK via the auction Web site. But eBay and the British Museum can't agree on a plan to do that

NY TIMES NEWS SERVICE , LONDON

For centuries, London has served as an international market for the treasures and antiquities of empires.

Thus the looting of Iraq's National Museum and numerous archaeological sites of Mesopotamia has incited British parliamentarians to crack down on the illicit antiquities trade -- this time of its own national treasures. The pieces are recovered by a record number of Britons (about 10,000 each weekend) who scour field, forest and shire with metal detectors in hopes of finding some mud-encrusted relics.

The national treasure hunt here has put the British Museum in conflict with eBay, the Web site that provides a seamless international market to buy and sell almost anything. It's also where hundreds of gold and silver rings, coins, jewelry and costume items from Roman Britain to medieval and Elizabethan times are changing hands, perhaps at a fraction of their worth, leaving the country and undermining the museum's chances for acquiring or cataloging them.

At a news conference this week, the British Museum's head of treasure, Roger Bland, called on eBay to agree quickly to "pull down" Web auctions of artifacts when British authorities identify them as potential national treasures, a step that eBay has been reluctant to undertake without legal proof that the items qualify as treasure.

That's the rub.

In negotiations that have stretched over a year, eBay has agreed in principle that it doesn't want illicit antiquities on its Web site and is willing to remove them provided the British authorities can state clearly which ones are illegal.

But British officials have not been able to give a clear definition, says Michael Lewis, Bland's deputy at the British Museum.

Under the Treasure Act of 1996, any item of gold or silver that is 300 years old qualifies as treasure and has to be reported to a county coroner. The problem is, he explains, the act covers only items found after the law went into force on Sept. 24, 1997. All "treasure" found before that date is effectively exempted. How to tell the difference?

Lewis acknowledges that the British Museum has presented eBay with a difficult proposition. How can anyone establish when an ancient piece of gold or silver was dug up, he asks?

"If a Roman gold object is found in England somewhere and the dealer said he found it two years ago, we would know that because he would have reported it under the Treasure Act," Lewis said. "But if he says he found it 10 years go, we wouldn't be able to stop him from selling it; since there would be no evidence that he broke the law, we wouldn't have a case."

EBay says there are limits to what an auctioneer in cyberspace can do.

"We have a policy against illegal antiquities on our site; we don't want them there," Hani Durzy, an eBay spokesman, said by telephone from San Jose, California.

Durzy states that as a marketplace, the Web site is not in a good position to prevent trading in illicit antiquities "because we do not take possession of the item, and we can never prove, disprove or confirm the origin" of an item "because it is not ours."

Both Durzy and Victoria Sayers, a spokeswoman for eBay in Britain, seemed a little exasperated Friday with the British Museum. EBay, said the company's director of legal affairs, Rob Miller, presented a detailed proposal to the British Museum last August and has not heard back.

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