Docker Updated Its Terms of Service: Countries, Companies, and Individuals on the US "Entity List" Are Barred From Using It

On August 13, 2020 I got an email from Docker saying they had updated their terms of service, barring people prohibited from using the service under US law, including entities listed on any US Government Denied Party/Person List.

On August 13, 2020 I received an email from Docker telling me they had updated their terms of service, as shown below:

Email notifying of Docker's updated terms of service

The current Docker Terms of Service state the following in section 1.2:

You may not use the Service if you are a person barred from using the Service under the laws of the United States or other countries, including the country in which you are resident or from which you use the Service, or international laws or treaties. You may not use the Service if you are or represent an entity that is listed on any U.S. Government Denied Party/Person List.

My translation:

If you are a person barred from using the Service under the laws of the United States or other countries — including the country in which you reside or from which you use the Service — or under international laws or treaties, you may not use the Service. If you are, or represent, an entity listed on any U.S. Government Denied Party/Person List, you may not use the Service.

20.8 You understand that the Service is subject to United States export controls administered by the U.S. Department of Commerce and the United States Department of Treasury Office of Foreign Assets Control. You acknowledge and agrees [sic] that the Service and any User Content or Third Party Content accessed by you shall not be used, transferred or otherwise exported or re-exported to countries as to which the United States maintains an embargo (collectively, “Embargoed Countries”), or to or by a national or resident thereof, or any person or entity on the U.S. Department of Treasury’s List of Specially Designated Nationals or the U.S. Department of Commerce’s Entity List, Denied Persons List, or Unverified List, or the U.S. Department of State’s Nonproliferation Sanctions list (collectively, “Designated Nationals”). The lists of Embargoed Countries and Designated Nationals are subject to change without notice. By using the Service, including without limitation by uploading or accessing any User Content or Third Party Content, you represent and warrant that you are not located in, under the control of, or a national or resident of an Embargoed Country or Designated National. You agree to comply strictly with all U.S. export laws and assume sole responsibility for obtaining United States government export licenses to export or re-export as may be required. You will defend, indemnify, and hold harmless Docker and its suppliers and licensors from and against any violation of such laws or regulations by you or any of your agents, officers, directors or employees.

My translation:

20.8 You understand that the Service is subject to United States export controls administered by the U.S. Department of Commerce and the U.S. Department of the Treasury’s Office of Foreign Assets Control. You acknowledge and agree that the Service, and any User Content or Third Party Content you access, may not be used, transferred, or otherwise exported or re-exported to countries subject to a US embargo (collectively, “Embargoed Countries”), or to or by a national or resident thereof, or to any person or entity on the U.S. Department of the Treasury’s List of Specially Designated Nationals, or the U.S. Department of Commerce’s Entity List, Denied Persons List, or Unverified List, or the U.S. Department of State’s Nonproliferation Sanctions list (collectively, “Designated Nationals”). The lists of Embargoed Countries and Designated Nationals are subject to change without notice. By using the Service — including, without limitation, by uploading or accessing any User Content or Third Party Content — you represent and warrant that you are not located in, under the control of, or a national or resident of, an Embargoed Country or Designated National. You agree to comply strictly with all U.S. export laws and assume sole responsibility for obtaining any United States government export licenses required to export or re-export. You will defend, indemnify, and hold harmless Docker and its suppliers and licensors against any violation of such laws or regulations by you or any of your agents, officers, directors, or employees.

Chinese IT companies currently on the trade-control “Entity List” include Huawei, SenseTime, Yitu, Megvii, Hikvision, Dahua, iFLYTEK, Meiya Pico, Yixin Technology, Qihoo 360, FiberHome Technologies, NetPosa, Dataa Robotics, CloudWalk, Sugon, and Hygon, among others.