On 18 April 2023, Matthew S. Axelrod, the Assistant Secretary for Export Enforcement, US Department of Commerce’s Bureau of Industry and Security (BIS), issued a memorandum titled “Clarifying Our Policy Regarding Voluntary Self-Disclosures and Disclosures Concerning Others” to clarify and announce BIS’ policies concerning voluntary self-disclosures of Export Administration Regulations (EAR) violations and disclosures of possible EAR violations committed by third parties.
US laws have traditionally given online services significant leeway to moderate user-generated content however they see fit. In particular, there is a long history of US courts relying on Section 230 of the Communications Decency Act (CDA 230) to reject a wide range of claims seeking to hold online services providers liable for hosting, displaying, removing or blocking third-party content, including under contract, defamation, tort and civil rights laws. CDA 230 does not protect online services providers from all claims related to third-party content. For example, there are statutory exceptions for IP infringements and criminal violations. But many commentators credit CDA 230 as one of the most important laws in the development of the internet by allowing online services providers to focus on growing their user base without having to discharge unduly burdensome duties to continuously review, assess and moderate user-generated content.
On 5 January 2023, President Biden signed the Protecting American Intellectual Property Act into law. This law seeks to deter the theft of US intellectual property by non-US actors by threatening to impose economic sanctions on those engaged in trade secrets theft. This law adds to existing measures available under US law, such as criminal prosecution, civil lawsuits, and/or designation to a US restricted parties list such as the Entity List (maintained by the US Commerce Department’s Bureau of Industry and Security).
Baker McKenzie’s Sanctions Blog published the alert titled OFAC Issues Russian Crude Oil-related Determination, Guidance on Implementation of the Price Cap Policy for Russian Crude Oil, and Russia-related General Licenses on 2 December 2022. Read the article via the link here. Please also visit our Sanctions Blog for the most recent updates.
Businesses that have implemented compliance measures to comply with the California Consumer Privacy Act of 2018, as amended by the California Consumer Rights Act of 2020 (CCPA) can leverage existing compliance mechanisms designed to comply with the CCPA to satisfy requirements under the Utah Consumer Privacy Act, which will become operative on 31 December 2023.
Baker McKenzie’s Sanctions Blog published the alert titled Department of Commerce Implements Additional Export Controls against Russia and Belarus and Refines Existing Controls on 22 September 2022. Read the article via the link here. Please also visit our Sanctions Blog for the most recent updates.
Businesses that have implemented compliance measures to comply with the California Consumer Privacy Act of 2018, as amended by the California Consumer Rights Act of 2020 (CCPA) can leverage existing vendor contract terms, website disclosures and data subject right processes to satisfy requirements under Nevada’s Revised Statutes Chapter 603A. Most companies will not need to expand the scope of CCPA-focused privacy notices because the Nevada laws are much more narrowly framed. But, companies may find it operationally efficient to broaden the scope of opt-out rights if they engage in data sharing practices that qualify as “selling” of personal information, for example, in the context of digital advertising.
Baker McKenzie’s Sanctions Blog published the alert titled OFAC Issues New General Licenses Related to Russia-Related New Investment Prohibition and Updates FAQs on 27 July 2022. Read the article via the link here. Please also visit our Sanctions Blog for the most recent updates.
Baker McKenzie’s Sanctions Blog published the alert titled OFAC Designates Additional Russian Parties and Amends and Issues Russia-Related General Licenses on 7 June 2022. Read the article via the link here. Please also visit our Sanctions Blog for the most recent updates.
Baker McKenzie’s Sanctions Blog published the alert titled OFAC bans export of accounting, trust and corporate formation, and management consulting services to Russia; and issues new Russian SDN designations, Russia-related general licenses, and Russia-related FAQson 10 May 2022. Read the article via the link here. Please also visit our Sanctions Blog for the most recent updates.