S.1638 - Protection Against Foreign Adversarial Artificial Intelligence Act of 2025 (119th Congress)
Summary
S.1638, the "Protection Against Foreign Adversarial Artificial Intelligence Act of 2025," aims to safeguard the United States from artificial intelligence applications originating from or affiliated with countries of concern. The bill prohibits federal contractors from using the DeepSeek application (or successors) developed by High Flyer, with a waiver possible for national security or research purposes.
It also mandates a report from the Secretary of Commerce, in consultation with the Secretary of Defense, to Congress on the national security threats posed by AI platforms from countries of concern. This report will analyze censorship, propaganda, export control circumvention, and data security risks.
The bill seeks to protect U.S. data and intellectual property from foreign access and influence, addressing potential economic espionage and risks to federal government information.
Expected Effects
The bill's enactment would likely lead to increased scrutiny and regulation of AI technologies used by federal contractors. It would also result in a comprehensive assessment of the risks associated with foreign AI platforms. This could lead to stricter cybersecurity measures and potentially impact international collaborations in AI development.
Federal contractors may need to seek alternative AI solutions, potentially increasing costs in the short term. The report mandated by the bill could inform future legislative actions and policy decisions related to AI and national security.
Potential Benefits
- Enhanced national security by mitigating risks associated with foreign AI.
- Protection of U.S. data, intellectual property, and sensitive government information.
- Increased awareness of potential threats posed by AI from countries of concern.
- Encouragement of secure and trustworthy AI development within the United States.
- Potential for improved cybersecurity practices among federal contractors.
Most Benefited Areas:
Potential Disadvantages
- Potential delays and increased costs for federal contractors due to restrictions on AI use.
- Possible limitations on access to cutting-edge AI technologies if developed primarily in countries of concern.
- Risk of hindering legitimate international research collaborations.
- Potential for bureaucratic hurdles in obtaining waivers for using prohibited AI applications.
- The report's findings could be subject to political interpretation and influence.
Constitutional Alignment
The bill aligns with the Constitution's broad goals of providing for the common defense and promoting the general welfare, as stated in the Preamble. Specifically, the focus on national security relates to the federal government's responsibility for defense.
While the bill doesn't directly implicate specific constitutional amendments, its potential impact on individual liberties and privacy would need to be carefully considered to ensure compliance with the Fourth Amendment (protection against unreasonable searches and seizures) and the First Amendment (freedom of speech, if AI censorship is involved). The Commerce Clause (Article I, Section 8) provides Congress with the power to regulate commerce with foreign nations, which could be invoked to justify restrictions on AI technologies.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).