The "Remote Access Security Act" amends the Export Control Reform Act of 2018 to regulate remote access to items under U.S. jurisdiction by foreign persons.
Michael Lawler
Representative
NY-17
The "Remote Access Security Act" amends the Export Control Reform Act of 2018 to regulate remote access to items under U.S. jurisdiction by foreign persons. This bill expands export control regulations to include remote access, defining it as access to controlled items by a foreign person via network connection from a different physical location. It broadens the scope of activities, documents, and enforcement measures related to export control to include remote access, aiming to protect national security and foreign policy interests.
Export Controls Expanding to 'Remote Access': What This Means for Your Digital Work and Collaboration
This bill, the Remote Access Security Act, updates the rules for what counts as an "export." It adds "remote access" to the list of things the government controls under the Export Control Reform Act of 2018. Think of it like this: if someone overseas logs into a system or network here in the U.S. to access certain controlled technology or data, that could now be regulated just like shipping a physical product. The bill defines this as a foreign person accessing controlled U.S. items through networks like the internet or cloud services from outside the U.S. (Sec. 2, amending 17 U.S.C. 1742).
Beyond Physical Shipments: Controlling Digital Access
Traditionally, export controls focused on tangible stuff – physical goods or software shipped across borders. This act shifts the focus to include digital access. If your company uses cloud servers holding sensitive tech designs, or if university researchers collaborate internationally using shared databases containing controlled information, allowing a foreign colleague remote access could now fall under these export rules (Sec. 2). It means the government can regulate, and potentially require licenses for, situations where controlled items are accessed online from abroad, even if nothing physically leaves the country.
Tightening Security, Tangling Collaboration?
The stated goal here is to plug a potential national security gap – preventing foreign adversaries from getting their hands on sensitive U.S. tech just by logging in remotely (Sec. 2, amending 17 U.S.C. 1754). Keeping sensitive stuff secure is important. But the definition of "remote access" is pretty broad, including "any other access specified by the Secretary's regulations" (Sec. 2, amending 17 U.S.C. 1742). This vagueness could create headaches and uncertainty. Does screen-sharing count? What about collaborative software development tools? Businesses and researchers might find themselves navigating complex new compliance rules, potentially slowing down innovation and international projects.
Who's on the Hook? Tech, Research, and Cloud Users
If you work in tech, especially with international teams, or if you're involved in research collaborations that cross borders, this bill is definitely something to watch. Companies providing cloud services or any platform enabling remote access to potentially controlled items will also need to understand these new rules (Sec. 2, amending multiple sections like 1752, 1753, 1756, etc.). The increased compliance burden could hit smaller businesses harder. Essentially, anyone whose work involves sharing or accessing potentially controlled U.S.-based tech or data remotely with foreign individuals needs to pay attention, as the lines for what requires government approval are being redrawn.