Defending Against DeepSeek: Legal Protections for Tech Firms

Defending Against DeepSeek: Congress’ Federal Firewall

A NATO ally has branded China’s AI chatbot DeepSeek as a Trojan horse for Beijing’s spies. The Czech Republic’s cybersecurity agency issued a warning that led to an immediate ban of DeepSeek from its government devices. This response reflects growing international alarm over China’s use of AI tools to harvest sensitive information for state intelligence operations.

Adversarial AI as a National Security Threat

The Czech Republic’s National Cyber and Information Security Agency (NÚKIB) conducted a technical analysis revealing that DeepSeek “almost certainly” collects and stores user data, including chat history and device details. Concerns were raised about China’s legal framework, which could compel Chinese firms to share data with the government. NÚKIB also indicated that DeepSeek’s founder is likely linked to dual-use technology research, heightening fears of military applications.

The Czech ban is part of a growing international consensus against DeepSeek. U.S. allies, including Australia and the Netherlands, have implemented similar measures. Several U.S. agencies, including the U.S. Navy and NASA, have also prohibited its use.

Congress Wants To Ban Foreign Adversary-Linked AI From Government Use

U.S. lawmakers are addressing national security risks posed by DeepSeek. A recent report from the U.S. Select Committee on the Chinese Communist Party calls for immediate action to enhance export controls on Chinese AI models.

In late June, Congress introduced the No Adversarial AI Act to restrict federal use of AI tools from China, Russia, Iran, and North Korea. The act mandates designated offices to maintain a public list of AI tools developed by these adversaries. Supporters argue these measures would establish a clear firewall between adversarial AI systems and U.S. government data.

However, recent policy shifts may undermine these efforts. The Trump administration rolled back export restrictions on Nvidia, allowing sales of powerful chips to China, potentially accelerating DeepSeek’s development.

Risks and Roadblocks to Implementation

While restrictions could enhance federal cybersecurity, implementation faces significant challenges. The administration’s cuts to technical talent have created a severe shortage of AI expertise, limiting the government’s capacity to manage high-risk systems. The exemption process for agencies seeking waivers could delay critical operations, as seen with the federal ban on Chinese-manufactured drones.

What Agencies Must Do Next

The federal government must strengthen its AI expert staffing and technical capacity to assess risks from adversarial AI tools. Sufficient expertise is crucial for identifying high-risk systems and implementing restrictions.

Congress should also streamline exemption processes to ensure efficient prohibition of adversarial AI tools. This will help maintain continuity for research and mission-critical work.

The Battle for Display Dominance

Chinese dominance in display technologies poses a critical national security threat, demanding urgent U.S. action to secure supply chains. The competition in AI and display technologies underscores the importance of maintaining a robust cybersecurity posture, especially against adversaries like China.

Image courtesy of FDD

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