The measure has the potential to result in penalties of $1 million for individuals and $100 million for companies, as well as a maximum of 20 years in prison.
Summary
US Senator Josh Hawley has introduced a bill to criminalize the downloading of DeepSeek AI, potentially resulting in sanctions of $1 million for individuals and $100 million for companies. The Decoupling America’s Artificial Intelligence Capabilities from China Act would prevent Americans and businesses from obtaining DeepSeek, an AI-powered chatbot similar to OpenAI’s ChatGPT.
US Senator Josh Hawley, a Republican from Missouri, presented a bill that would make it illegal to bring artificial intelligence technology into or out of China, claiming worries about national security.
The Decoupling America’s Artificial Intelligence Capabilities from China Act, a bill that pertains to the protection of US intellectual property and the prevention of foreign competitors from accessing technology that could pose a security threat, does not specifically reference the Chinese AI corporation DeepSeek.
DeepSeek, an AI-powered chatbot that functions identically to OpenAI’s ChatGPT, would be prohibited from being downloaded by Americans and corporations in the United States if the measure is enacted.
Massive penalties for Violation
Violations would be subject to severe penalties under the proposed legislation. Companies may be subject to penalties of up to $100 million, while individuals may be subject to fines of up to $1 million.
In addition, violators would be compelled to forfeit any “license, contract, subcontract, grant, or public benefit awarded by any Federal agency.” The law also imposes a maximum sentence of 20 years in prison for those who violate it.
In a news release, Hawley stated that the United States will be targeted by every dollar and petabyte of data that is fed into Chinese AI. Additionally, he stated:
“America is unable to bolster our own strength at the expense of empowering our deadliest adversary. Cutting China off from American ingenuity and ceasing the subsidization of CCP innovation are necessary to guarantee American economic superiority.”
The measure would prohibit the import or export of AI technology to and from China if it were to become law. It would also prevent US companies from undertaking AI research in China or collaborating with Chinese companies on AI. Additionally, it would prevent American corporations from investing in the development of artificial intelligence in China.
Italy banned the AI chatbot after determining that its data protection measures were “insufficient” in response to the global data privacy concerns sparked by the rise of DeepSeek AI. DeepSeek developers have been required to submit their data practices by other regulators, who have adopted Italy’s approach.
New AI law will “kill” open source
The bill advocates for the safeguarding of US interests; however, not all individuals agree with this strategy. According to Ben Brooks, a fellow at Harvard’s AI Research, the measure would “destroy open-source.” Brooks characterized the measure as the “most aggressive legislative action on AI.”
Brooks, who also served as the chief of public policy for Stability AI, stated that the measure would impede US research and isolate the United States from the rest of the world.
Andy Ayrey, the creator of the AI chatbot Truth Terminal, expressed comparable sentiments. Ayrey claimed that the measure would “hinder Western AI advancements” rather than restrict competitors.
“It is preferable to open source model weights and data sets that embody prosocial, cooperative, and democratic principles, as these values will eventually enter international models,” Ayrey stated.
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