[skissane]

> It would be extremely heavy handed but the administration has sanctioned the International Criminal Court judges

That's sanctioning specific individuals for specific acts they performed which the US claims contravene its interests and those of its allies.

I don't agree with the ICC sanctions, but it really can't be compared with the proposal "sanction any company, even US domestic entities, which use a Chinese-developed open source model".

In fact, I think part of what enables the US to sanction them (under US law) is the fact they are neither US citizens nor residents; if they were US citizens living in the United States, I don't think the President would have the legal authority to impose those kinds of sanctions.

They could sanction Hetzner–because it is a German firm based in Germany. I don't see how they could sanction a US firm based in the US whose owners and staff were US citizens.

Also, the 5th Circuit Court of Appeal decision Van Loon v Treasury (Nov 2024) is relevant–it held that IEEPA (the law used to sanction ICC officials) couldn't be used to sanction the Tornado Cash smart contract system, since open source code wasn't "foreign property" under IEEPA.