CFIUS and A.I.: Defending National Security While Allowing Foreign Investment

Cite as: 4 GEO. L. TECH. REV. 279 (2019)

Artificial intelligence is one of the most important innovations to impact national security in recent years.1 Among the national security concerns of the United States is that foreign countries seek to erode America’s leadership in artificial intelligence development by buying or merging with U.S. companies.2 In response to this perceived threat, Congress passed legislation in 2018 to expand the authority of the Committee on Foreign Investment in the United States (CFIUS).3 CFIUS conducts reviews for national security concerns on certain transactions where a foreign-controlled entity aims to acquire a stake in a U.S.-based company.4 If national security concerns are not resolved during its review, CFIUS may recommend the President block the transaction.5

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Theodore Bruckbauer

J.D., Northwestern Pritzker School of Law, 2019; M.B.A., Kellogg School of Management at Northwestern, 2019; BPhil, Northwestern School of Continuing Studies, 2013.