BIS Seeking Feedback on Potential Export Controls for BCI Technology

The Bureau of Industry and Security is seeking feedback on potential export controls for brain-computer interface (BCI) technologies, which may be added to the Commerce Control List as an emerging technology and face new restrictions and license requirements. The agency is specifically seeking comments on whether feasible and effective controls can be imposed on BCI technologies, which include “neural-controlled interfaces, mind-machine interfaces, direct neural interfaces and brain-machine interfaces,” according to an advance notice of proposed rulemaking. Comments are due Dec. 10.

In the pre-rule, which received interagency approval this month (see 2110210012), BIS said controls on BCI exports could capture technologies that “provide a direct communication pathway between an enhanced or wired brain and an external device.” They involve a process “in which brain signals are acquired, analyzed and then translated into commands” to control machines, transferred to other humans or “used for human assessment or enhancement.” While BCI technology has a range of medical, multimedia and entertainment uses, BIS also said it may be used by militaries to improve “the capabilities of human soldiers” and in unmanned military operations.

The agency is seeking feedback, including whether the U.S. is the leading developer of BCI technology, whether the technology is commercially available in other countries and what impact controls would have on U.S. technology leadership. BIS also hopes to better understand which aspects of BCI technology would require more U.S. government export monitoring and whether additional government policies or regulations are needed before the technology becomes widely and commercially available.

The agency also is seeking comments on whether BIS should impose multilateral or unilateral controls. After BIS issued a November 2018 ANPRM on its emerging technology control effort, several commenters urged the agency to pursue multilateral controls on BCI technologies because they “typically place U.S. industry on a more level playing field” with foreign suppliers. One commenter specifically said the technology is available in member countries of the multilateral Wassenaar Arrangement, while another said unilateral controls could “adversely impact future collaboration” with allies.

“Another respondent also warned about the potential harm to U.S. technological leadership and competitiveness if the United States were to impose broad unilateral controls,” BIS said. Emerging technologies shouldn't be controlled “unless they are exclusive to the United States and encompass only core technologies,” the commenter said, according to BIS.

Others stressed the important uses of BCI technologies in a range of benign fields. One commenter said the technology “has important applications in human health care and assistive technologies and that, consequently, overly broad export controls on such technology could hinder research in these areas.” Broad controls could also damage the auto, artificial intelligence, advanced materials and robotics sectors, another said.

“If export controls on quantum computing and BCI technologies were not properly crafted, these controls could damage U.S. competitiveness and undermine U.S. technological leadership by slowing development, limiting resources, reducing market participation and limiting collaborative opportunities,” one commenter told BIS. “This respondent emphasized that, in developing and implementing export controls on such technologies, an effective partnership among government, industry and academia would be essential,” BIS said.