Wednesday the House Foreign Affairs Committee passed H.R. 8315, the “Enhancing National Frameworks for Overseas Critical Exports Act” (ENFORCE Act) 43-3, with broad bipartisian support.
Introduced by Rep. Michael McCaul, the bill expands the authority of the BIS to control the export of Artificial Intelligence Systems. [see 12200]
"While BIS can stop the flow of advanced semiconductors to the CCP and other adversaries, it lacks the clear legal authority to control the export of AI systems, McCaul said in a statement.
"This legislation amends the “Export Control Reform Act of 2018,” it empowers BIS to curb the transfer of military-grade AI systems that pose national security risks from being exported to adversaries, like China.
"This legislation provides BIS the flexibility to craft appropriate controls on closed AI systems, without stifling U.S. innovation or affecting open-source models.
"Additionally, it provides BIS the authority to restrict American AI labs or companies from working with the CCP – who would use this technology against America’s national security interests.
Tobias Mann in The Register notes enforcement reamains an unresolved matter:
"It isn't clear how such restrictions will be enforced, particularly when it comes to open source models. It's not uncommon to see provisions in end user license agreements warning persons in embargoed countries that the use of the software is prohibited but doesn't actually stop them from accessing the source code.
"Without explicit protections for open source models, such restrictions could end up having a chilling effect on model developers for fear uploading a model to an online repository could land them in hot water if it's ever downloaded by a Chinese national.
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