WorldECR | Commerce Department proposes new rules to monitor advanced

The U.S. Department of Commerce has introduced new mandatory reporting requirements for developers of the most powerful artificial intelligence (“AI”) models and computing clusters, aimed at enhancing national security by assessing defense-related AI capabilities.

The proposed rule, announced on September 9 by the U.S. Bureau of Industry and Security (“BIS”), targets AI developers and cloud providers who are at the “forefront” of technological advancement.

The new regulations will require AI developers to provide detailed reports on their development activities, cybersecurity measures and the results of red team operations, which BIS explains “involve testing dangerous capabilities, such as the ability to assist in cyberattacks or to lower barriers to entry for non-expert development of chemical, biological, radiological, or nuclear weapons.”

“Artificial intelligence is advancing rapidly and holds great promise, but also great risks,” said U.S. Secretary of Commerce Gina Raimondo. “This proposed rule will help us keep pace with new developments in AI technology to strengthen our defense and protect our national security.”

Commerce Deputy Secretary Alan Estevez emphasized that the reporting requirement will expand the Commerce Department’s Bureau of Industry and Security’s experience in conducting defense industrial base surveys and help the government better understand the capabilities and security of advanced AI systems.

“This move demonstrates the U.S. government’s proactive thinking about the dual-use nature of advanced AI,” explained Assistant Secretary of Commerce Thea Rozman-Kendler.

The proposed rule is based on a pilot investigation conducted by the U.S. Department of Commerce’s Bureau of Industry and Security earlier this year and is intended to ensure that emerging AI technologies meet strict security and reliability standards, are able to withstand cyber threats, and are prevented from being abused by foreign adversaries or non-state actors, which is critical to maintaining U.S. defense and technological leadership.