Remote Access Security Act
Summary
The Remote Access Security Act amends the Export Control Reform Act of 2018 to regulate remote access to items subject to U.S. jurisdiction by foreign persons. It defines 'remote access' as access through a network connection, including the internet or cloud computing, if the Secretary determines it poses a serious risk to national security or foreign policy. The Act mandates congressional consultation regarding regulations controlling remote access, ensuring relevant committees are informed of the national security risks, regulatory methods, and potential economic impacts.
Expected Effects
This act will broaden the scope of export controls to include remote access, potentially impacting businesses and individuals involved in international technology and data transfer. It aims to enhance national security by preventing foreign entities from exploiting remote access to sensitive technologies. The consultation requirement ensures congressional oversight of the implementation of these new regulations.
Potential Benefits
- Enhanced national security by controlling remote access to sensitive technologies.
- Prevents potential exploitation of U.S. technology by foreign entities.
- Provides a clear definition of 'remote access' in the context of export controls.
- Ensures congressional oversight through mandatory consultation.
- Potentially reduces the risk of intellectual property theft.
Most Benefited Areas:
Potential Disadvantages
- Increased compliance burden for businesses involved in international technology transfer.
- Potential for hindering legitimate international collaborations and research.
- Broad definition of 'remote access' may lead to overregulation.
- Could create uncertainty and legal challenges for companies operating globally.
- May require significant investment in security measures to comply with the new regulations.
Most Disadvantaged Areas:
Constitutional Alignment
The Act aligns with the constitutional power of Congress to regulate commerce with foreign nations (Article I, Section 8, Clause 3) and to provide for the common defense (Article I, Section 8, Clause 1). The consultation requirement with congressional committees also reinforces the principle of checks and balances. However, the broad definition of 'remote access' and potential restrictions on technology transfer could raise concerns about the First Amendment's protection of freedom of speech and expression, particularly if it unduly restricts the sharing of information and ideas.
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).