Section 230 platform liability
Section 230 platform liability has direct relevance to Trade and Geopolitical Risk, particularly as the U.S. Department of Justice and the Federal Trade Commission have both signaled that intermediary liability protections may not extend to platforms facilitating sanctioned-party transactions or hosting export-controlled content. The current posture is one of deliberate ambiguity: no single rule closes the gap between Section 230 immunity and existing trade compliance obligations under the Office of Foreign Assets Control's sanctions framework, which means general counsel are the ones carrying the exposure.
Watch
- OFAC guidance on platform-hosted transactions involving designated parties
- DOJ's pattern of declining to extend Section 230 defenses in sanctions enforcement actions
- Pending legislative proposals to carve out national security exceptions from Section 230 immunity
- FTC civil investigative demands targeting intermediary platforms with geopolitical exposure
Recent material activity in Trade & Geopolitical Risk
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OFAC designates 14 entities linked to Russian defense procurement network
The Treasury Department's Office of Foreign Assets Control added 14 entities and 6 individuals to the Specially Designated Nationals list for their roles in procuring critical technology components for Russia's defense i…
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BIS adds 22 Chinese semiconductor entities to Entity List for advanced chip diversion
The Bureau of Industry and Security expanded export controls targeting Chinese semiconductor entities found to be diverting advanced computing chips through third-country intermediaries. New license requirements affect i…
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