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Is Section 230 Going to Change? The FTC, DOJ and FCC Signal Significant Change for Online Businesses

By Joanna Rosen Forster, Warrington Parker & Jacob Canter on April 15, 2025
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On April 3, 2025, the United States Department of Justice’ Antitrust Division hosted a forum on “Big-Tech Censorship” in which key Trump Administration Officials announced their desire to reform, or entirely overhaul, Section 230 of the Communications Decency Act. In March 2025, we wrote about the Federal Trade Commission’s (FTC) inquiry into “tech censorship” and its associated request for public comments from those who “may have been harmed by technology platforms that limited their ability to share ideas or affiliations freely and openly.” That RFI remains open, and its deadline is May 21, 2025. Click here to continue reading.

Photo of Joanna Rosen Forster Joanna Rosen Forster

Joanna Forster’s multifaceted background positions her to effectively manage conflicts across the legal spectrum and across the globe. In her prior roles as general counsel (representing both plaintiffs and defendants) and as government prosecutor/enforcer, Joanna handled nearly every type of matter, ranging from

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Joanna Forster’s multifaceted background positions her to effectively manage conflicts across the legal spectrum and across the globe. In her prior roles as general counsel (representing both plaintiffs and defendants) and as government prosecutor/enforcer, Joanna handled nearly every type of matter, ranging from complex commercial and white collar matters in areas such as employment, intellectual property, securities and antitrust law, to internal investigations and corporate and M&A transactions. She views her role as both a conflict manager, dispensing advice to avoid adversarial action, and as a tech and business litigator, resolving disputes with her client’s business goals in mind.

Having served as the general counsel and compliance officer of a publicly traded ecommerce platform operating in over 60 countries, Joanna has an appreciation of strategic dispute resolution, investigations, and compliance from a general counsel’s perspective. By understanding how business leaders combine the input of in-house and outside counsel to make decisions, Joanna is able to provide her clients with decisive and efficient legal guidance.

Her practice includes litigating domestic and cross-border complex commercial disputes and advising technology and ecommerce companies on matters related to internet platforms, product launches, market campaigns, and new vertical lines of business, all while advising on foreign and domestic laws that regulate online content, physical products, and the companies that bring them to market. Drawing on her experience as the General Counsel of an online e-commerce marketplace, Joanna also regularly advises and counsels clients on California’s Proposition 65, from prevention and compliance to remediation. Joanna is well-versed in key regulations that impact ecommerce companies, including the EU’s Digital Services Act, the U.S. INFORM Act, and the proposed SHOP SAFE Act, as well as laws and regulations that govern online speech such as the Communications Decency Act, Section 230.

Prior to going in-house, Joanna was the deputy attorney general, Corporate Fraud Section of the California Department of Justice. In this capacity, she led large, complex civil matters alleging violations of California’s False Claims Act, Securities Law, Section 17200, Cartwright Act, and other deceptive business practices. She also maintained her own investigations and litigation docket.

Before joining the California Department of Justice, Joanna spent nearly a decade in private practice, where she focused on civil and criminal antitrust and commercial litigation. She also served as a law clerk for the Honorable Consuelo B. Marshall in the U.S. District Court for the Central District Court of California.

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Photo of Warrington Parker Warrington Parker
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Photo of Jacob Canter Jacob Canter

Jacob Canter is an attorney in the San Francisco office of Crowell & Moring. He is a member of the Litigation and Privacy & Cybersecurity groups. Jacob’s areas of emphasis include technology-related litigation, involving competition, cybersecurity and digital crimes, copyright, trademark, and patent…

Jacob Canter is an attorney in the San Francisco office of Crowell & Moring. He is a member of the Litigation and Privacy & Cybersecurity groups. Jacob’s areas of emphasis include technology-related litigation, involving competition, cybersecurity and digital crimes, copyright, trademark, and patent, as well as general complex commercial matters.

Jacob graduated from the University California, Berkeley School of Law in 2018, where he launched Berkeley’s election law outreach program and pro bono project. He joins the firm after a year of practice at an international law firm in Washington, D.C., and a year clerking in the Southern District of New York for the Hon. Lorna G. Schofield. Jacob was exposed to and provided support in a variety of complex substantive and procedural legal topics during the clerkship, including trade secrets, insurance/reinsurance, contracts, class actions, privacy, intellectual property, and arbitrability.

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  • Posted in:
    Technology and AI
  • Blog:
    Retail & Consumer Products Law Observer
  • Organization:
    Crowell & Moring LLP
  • Article: View Original Source

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