SANCTIONS, OPEN-SOURCE SOFTWARE, AND OPPOSING TRENDS IN SOVEREIGNTY - Vol. 2 - Issue 1/2023 - Academic article summary

Sep 4, 2026

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Sanctions shape international state relations and can significantly affect technology and innovation, with effects that may persist long after adoption. The article analyzes how economic sanctions apply to open-source software, focusing on its international character and distribution model. It examines jurisdiction over open-source in cyberspace and discusses how new technologies can erode state sovereignty. It then compares US and EU sanctions design, extraterritorial reach, and applies sanctions rules to FOSS using an export-control jurisdiction framework, ending with colliding sovereignty trends.

LanguageEnglish

CategoryGeneral

FormatPDF

Pages25

Reading Time9 min

AccessFree to download

Abstract

Introduction

FOSS specifics

Problems of jurisdiction over FOSS: contribution to sovereignty erosion

Economic sanctions in the areas of technology and software: comparison of EU and US approaches

Design of restrictions with regard to technologies and software

Approaches to the jurisdiction of sanctions: extension of sovereignty

Application of sanctions to FOSS: colliding sovereignty trends

Practical challenges of sanctions application to FOSS

Sanctions and FOSS: erosion or broadening of sovereignty?

Conclusion

Journal of Law, Market & Innovation Vol. 2- Issue 1/2023 Olesia Shmarakova 􀀍 SANCTIONS, OPEN-SOURCE SOFTWARE, AND OPPOSING TRENDS IN SOVEREIGNTY Abstract Sanctions have long been part of the international relations between States; they are used by different States and affect different areas. Among the different types of sanctions, sanctions relating to technology and innovation are of particular interest because they are likely to have the most long-lasting effects. Today, despite the fact software development issues are not as topical in academic literature as cryptocurrencies or non-fungible tokens (NFTs) are, there is no denying that software development and licensing plays a significant role in the economy. Software exists at the heart of all emerging technologies, and a large part of a technology’s success depends on its quality and efficiency. A peculiarity of software development is the phenomenon of open-source software -code made publicly available by the developer to the entire community. It is difficult to imagine modern software development without the use of opensource. This article aims to analyse the applicability of economic sanctions to open-source software given its international character and peculiar distribution model. The first section will describe the phenomenon of open-source software as such, its key characteristics, and distinguishing features that are relevant for the application or non-application of sanctions rules. It will also address the problem of defining jurisdiction over open-source software, taking into consideration the international dimension of cyberspace, which leads to a discussion about the erosion of State sovereignty along with the other emerging technologies. The second section will cover US and EU sanctions relating to technology and innovation, primarily with regard to software. The design of sanctions will be compared and the key distinction concerning the extraterritoriality of sanctions will be discussed. In the third section, specific provisions of sanctions regulations will be applied to free and open-source software (FOSS) . In particular, the five-step model for determining the applicability of US export control regulations to FOSS will be described. The specific US approaches to determining jurisdiction based on the presence of US components in a product will be discussed. Thereon, a new model for determining jurisdiction specifically in the area of technology and innovation will be discussed, which goes beyond the usual territorial and national principles and constitutes a new legal basis for the extraterritorial application of the law. Finally, the last part will contrapose the two trends described above: first, the erosion of sovereignty due to the development of new technologies, and, second, the reassertion of sovereignty as the State begins to legislate in the areas previously free from regulation and to apply new approaches to the definition of its jurisdiction. JEL CLASSIFICATION: F51; H73; K24; K33; L17; L86; O30 􀀍 Postgraduate student at University of Turin, European Legal Studies. SUMMARY 1 Introduction – 2 FOSS specifics – 2.1 What is FOSS? – 2.2 Problems of jurisdiction over FOSS: contribution to sovereignty erosion – 3 Economic sanctions in the areas of technology and software: comparison of EU and US approaches – 3.1 Design of restrictions with regard to technologies and software – 3.2 Approaches to the jurisdiction of sanctions: extension of sovereignty – 4 Application of sanctions to FOSS: colliding sovereignty trends – 4.1 Practical challenges of sanctions application to FOSS – 4.2 Sanctions and FOSS: erosion or broadening of sovereignty? – 5 Conclusion 1 Introduction Sanctions have long been part of the international relations between States; they are used by different States and affect different areas, from restrictive measures on particular individuals and companies to economic sanctions, from diplomatic sanctions to ban

FAQs

Why are technology and innovation sanctions considered particularly important?

They can have significant long-term effects by ensuring technological inferiority of the sanctioned state, and they must align with the substance of technological innovation while accounting for specific characteristics.

How does open-source software create jurisdiction challenges for sanctions?

Because open-source software has an international character and a particular distribution model across cyberspace, defining jurisdiction raises issues tied to sovereignty erosion.

What is compared between the US and EU sanctions regarding technology and software?

The analysis contrasts how sanctions are designed, including wording and technical detail, and it discusses the key distinction concerning extraterritorial application.

Sep 4, 2026

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