51. Comments to the Department of Commerce, Bureau of Industry and Security
- Author:
- James Andrew Lewis
- Publication Date:
- 01-2019
- Content Type:
- Working Paper
- Institution:
- Center for Strategic and International Studies (CSIS)
- Abstract:
- Recent legislative changes call for enhanced scrutiny on potential transfers of “emerging and foundational technologies.” These are broadly defined as technologies essential to U.S. national security. The Congressional intent is for agencies to develop a more specific list, with robotics and artificial intelligence as primary concerns. Developing this list raises several issues. These include how to determine the military utility of an emerging technology, how to control the diffusion of the technology, and how to manage the risks of increased control for American innovation. Enhancing controls on the transfer of emerging technologies is necessary for several reasons. First, the U.S. finds itself in a contest with China. China intends to eventually displace the U.S as a global leader in technology, part of its larger effort to expands its influence and power. China is a technological rival of a kind the U.S. has never had before, given the deep interconnections between the two economies. China is still dependent on the West for advanced technology and uses a combination of techniques to acquire it. The 2015 Obama-Xi agreement on commercial cyber espionage attempted to address the problem, but China now ignores that agreement. In this environment, strengthening oversight of technology transfers from the U.S. and its allies to China is essential. In particular, new rules are needed to review technology transfers through co-production, joint ventures, or intangible exports, as these have been a major source of China’s access to technology. Second, current controls on technology transfers do not adequately protect emerging and foundational technologies. The current technology transfer control system is too close to its Cold War roots. Thresholds were set by asking what was the state of the art, how close our Soviet competitor was to this, and whether a technology was “controllable” or if it had become a commodity or was widely available from foreign sources. These are no longer the right questions to ask. The approach needed now is whether we want to transfer a technology to China and whether an effort to prevent this would do more harm than good to America’s own technological capabilities. This calls the whole complex structure of precise control thresholds into question. Modernizing export controls will be difficult, but the proposed rulemaking offers an opportunity to begin the process of revision. Export controls have their background in the 20th Century, when two bifurcated economic blocs were in competition and where thresholds for controls could be set with a degree of precision. This is no longer the case. Attempting to layer a 20th century export control regime over the new dynamics of global trade and innovation will not adequately protect emerging technologies. Reform will necessarily be an iterative process, part of a larger restructuring of export controls for a new international environment. A key point to bear in mind is that since China is still dependent on advanced Western technology (and this is an unlikely change in the near future), access to western technology should be used to gain leverage in talks to change China’s aggressively mercantilist policies. This will be difficult, and it will take time, but a failure to confront China and bring about change will lead to the outcomes that technology controls seek to avoid. The goal is not to defeat or contain China, but to bring its practices in line with international expectations in ways that allow commercial relationships to continue without risk to national security.
- Topic:
- Security, Industry, and Emerging Technology
- Political Geography:
- North America and United States of America