Years ago, when I was a baby lawyer living in a group house in DC, we had a toaster—my toaster. I had owned the toaster
Continue Reading Throwing Away the Toaster: Where AI Controls Are Now and May be Heading
Commerce Takes on AI: Recent Developments from BIS on AI
In two recent rules, the Department of Commerce, Bureau of Industry and Security (BIS) has begun to take significant steps to monitor, and potentially control access to, U.S. artificial intelligence (AI) technology. AI continues to pose a unique challenge for regulators due to its rapid expansion as a consumer product and potential defense applications.Continue Reading Commerce Takes on AI: Recent Developments from BIS on AI
At Long Last, Final Rule for Outbound Investment Regulations Published
On October 28, 2024, the U.S. Department of Treasury released a pre-publication version of its final rule containing the outbound investment regulations.Continue Reading At Long Last, Final Rule for Outbound Investment Regulations Published
Proposed Outbound Investment Regulations: Understanding the New Restrictions on U.S. Outbound Investments in Artificial Intelligence (AI), Semiconductors, and Quantum Computing
In an era where technological prowess and economic security are more entangled than ever, the United States has refined its approach towards restricting outbound investments. As we have been blogging since 2022, the past two years have seen efforts to restrict outbound investments for national security reasons. Those efforts come both from Congress through legislation and the White House through Executive Order.Continue Reading Proposed Outbound Investment Regulations: Understanding the New Restrictions on U.S. Outbound Investments in Artificial Intelligence (AI), Semiconductors, and Quantum Computing
The Semiconductor Moment
- Semiconductors are the only commodity that are as ubiquitous and as heavily regulated.
- Semiconductors are unique: nothing so common is as tightly controlled, and nothing so tightly controlled is as common.
- But this puts the industry in an extremely complex position.
- Other industries may ask . . . are we next?
China Semiconductor Export Regulations, Episode III – What a Difference a Year Makes
Key Takeaways
- Advanced Computing and Supercomputing ECCNs are expanded.
- Controls applied to exports to countries other thanChina; countries from where items may be reexported to China.
- Chipmaking equipment controls are expanded and the de minimis rule reduced.
- New entities are added to the U.S. Entity List with the Footnote 4 (FN4) FDPR designation.
- More U.S.-person activity is controlled.
New Year, New Development: Fewer Industries May be Affected by Proposed Outbound Investment Controls (Reverse CFIUS)
Key Takeaways
- New outbound investment controls likely to focus on semiconductors, AI, and quantum computing.
- Biotechnology and battery technology investments overseas may not be subject to the upcoming proposed controls.
China Expands Technology Export Controls: Fighting back on TikTok and Putting Your R&D at Risk
On August 28, 2020, China took its own swing in the fight over TikTok. The blow, however, may land right in the middle of U.S.-China technology research, collaboration, and innovation. New export regulations may require licenses from the Chinese government before researchers in China may share their technological advances with colleagues, counterparts, or customers in the United States.
Continue Reading China Expands Technology Export Controls: Fighting back on TikTok and Putting Your R&D at Risk
Seeking foreign investors for your tech startup? Congress says, “not so fast.”
The U.S. Congress is currently considering legislation that would tap the brakes on foreign direct investment in the United States, particularly on investments in sensitive industries like artificial intelligence, robotics, and semiconductors. We know: you’re saying we already have that in the form of the Committee on Foreign Investment in the United States (known as CFIUS).
Continue Reading Seeking foreign investors for your tech startup? Congress says, “not so fast.”