In this episode of the Marketplace Risk Platforms Podcast x Bulletproof Your Marketplace, Jeremy is joined by risk and regulatory compliance expert Yee Carter to unpack the importance — and potential future — of CDA Section 230 protections for online platforms. Drawing from her experience at Google, X, and in government, Yee explains how Section 230 has enabled marketplace innovation by shielding platforms from liability for user-generated content, while highlighting that these protections are not absolute.
The discussion explores real-world cases — including Amazon’s solar eclipse glasses controversy and recent litigation involving TikTok and AI platforms — to illustrate where Section 230 protections have succeeded and where they’ve been challenged. Yee and Jeremy also dive into emerging gray areas such as algorithmic recommendations, AI-generated content, and evolving bipartisan scrutiny that could reshape the law.
Listeners will gain practical insights into how marketplaces can navigate compliance, mitigate risk, and prepare for a shifting legal landscape, particularly as AI becomes more deeply integrated into platform operations.

How CDA Section 230 Protects Your Platform

In this episode of Bulletproof Your Marketplace, Jeremy sits down with attorney Krishan Thakker to explore the critical role of Terms of Use as liability shields. With over 15 years of experience advising companies like Wish, Match Group, and Meta, Krishan explains why these agreements are far more than legal formalities: they are a platform’s first line of defense and, when crafted carefully, can prevent costly disputes while safeguarding business integrity. The conversation highlights common mistakes founders make, from borrowing irrelevant terms to neglecting user assent, and underscores the risks of misalignment between marketing promises and contractual language. Through practical insights and real-world examples, this episode shows why Terms of Use must be treated as a living strategy rather than boilerplate text, offering founders, legal counsel, and trust and safety leaders the tools they need to strengthen their marketplace’s foundation and scale with confidence in an increasingly complex legal environment.

User Contracts as Liability Shields — Terms of Use

In this episode of Bulletproof Your Marketplace, Jeremy Gottschalk is joined by Stephen Fusco, Chief Privacy Officer and Senior Counsel at Danone North America, as they meet to analyze a new chapter of the book Bulletproof Your Marketplace, focusing on Data Privacy and Data Security — Policies and Practices.

Stephen shares lessons from real-world breaches and compliance challenges, offering practical guidance on data mapping, minimizing collection, building strong governance structures, and avoiding common mistakes that can lead to costly lawsuits. They also explore the fragmented U.S. regulatory landscape, consumer consent, privacy notices, cookie policies, and the risks of neglecting these essentials.

This episode delivers actionable takeaways to help marketplace operators build a safer, more resilient platform while reducing exposure to regulatory penalties, class actions, and reputational damage.

Data Privacy and Data Security — Policies and Practices

In this episode of Bulletproof Your Marketplace, Jeremy sits down with seasoned legal counsel Krishan Thakker to unpack how user contracts and robust privacy practices can act as liability shields for digital platforms. Drawing on over 15 years advising global technology, e-commerce, and social media companies, Krish shares his expertise at the intersection of data privacy, regulatory compliance, AI governance, and trust & safety.
Together, they explore why privacy can no longer be an afterthought, the dangers of conflating terms of use with privacy policies, and the financial and reputational fallout from neglecting compliance—illustrated through high-profile failures like the Cambridge Analytics scandal and the Equifax breach. Krish also outlines practical steps for platform operators, including conducting a data audit, adopting a “less is more” approach to PII collection, and drafting clear, standalone user agreements.
Whether you’re a founder, legal counsel, or trust & safety leader, this episode delivers actionable strategies to protect your platform, build user trust, and stay ahead of evolving regulations.

Data Privacy and Data Security — Policies and Practices

Marketplace Risk

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