Quantum Cryptography, Quantum Computing, Robotics, A.I. May be Subject to New U.S. Export Policy

Much of the source article details U.S. export control policies targeting A.I. It is interesting to note, quantum computing and quantum cryptography are also called out. Are the U.S. export policies a catch-22 for quantum computing and related technologies? Qubit.

What Artificial Intelligence Companies Must Know to Comply with New Export Policies

Selected notes ~

+  Shortly after the pilot program went into effect, the DOC’s Bureau of Industry and Security (BIS) issued a proposed rule to add 14 technology categories to list of emerging technologies, which could also be subject to the mandatory CFIUS declarations and would also impose new export license requirements by amending or adding additional Export Control Classification Numbers (ECCN) which are an alphanumeric designation (e.g., 1A984 or 4A001) used in the Commerce Control List (CCL) to identify items for export control purposes.

Companies or individuals that wish to export items, technology or software on the CCL may be required to obtain an export license depending on the item being exported as informed by the correct ECCN properly determined and the country to which the item is being exported. Among these 14 additional technology categories were robotics, quantum computing, and artificial intelligence (AI).

+  It’s important to note that even if your organization is not seemingly related to one of the 27 specific industries, under other recent US Commerce Department action, your company may still be subject to the mandatory export license requirements. The DOC recently added discrete microwave transistors, continuity of operation software, post-quantum cryptography, underwater transducers, and air-launch platforms to the list of emerging technologies and designated these items with ECCNs than can trigger DOC export license requirements, outside the CFIUS purview.

+  The current policies assume that differentiating between commercial and military AI applications is easy, when in reality is there is plenty of overlap between the spaces. For example, iPhone users can unlock their phones with facial recognition technology. That same technology could be used to target weapons. As the regulations continue to roll out for identifying and imposing export controls on new ECCNs to AI and other emerging technologies essential to US national security, it will be important for lawmakers to consider how the AI export controls will be implemented so as not to hinder innovation.

Source:  Lowenstein Sandler.  Doreen Edelman, Louis Rothberg and Matt Savare, Lowenstein Sandler,  What Artificial Intelligence Companies Must Know to Comply with New Export Policies…

Content may have been edited for style and clarity.