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The Department of Commerce Proposes Rule to Safeguard US Connected Vehicle Market from Foreign Threats

By Eric Tanenblatt, Peter Stockburger, and Walker Boothe
September 24, 2024
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In a significant step toward bolstering national security and safeguarding technological infrastructure, the Department of Commerce (DOC) has issued a Notice of Proposed Rulemaking (NPRM) that would prohibit the sale or import of connected vehicles that incorporate technology from countries deemed national security threats, particularly China and Russia. The rule aims to prevent potential surveillance and data theft risks that could arise from integrating foreign technology into US autonomous vehicles and connected car systems.

Addressing National Security Concerns

The proposed rule follows growing concerns about the vulnerabilities connected vehicles, particularly autonomous vehicles (AVs), could introduce into the US infrastructure. Modern vehicles increasingly rely on internet-connected software and hardware, ranging from GPS navigation systems to advanced driver assistance features. With connectivity at the core of these innovations, the vehicles of tomorrow are essentially moving data hubs, collecting and transmitting massive amounts of information.

If hostile foreign actors gain access to these systems, they could theoretically exploit sensitive data, track the movements of US citizens, or even disable or hijack vehicles. A White House fact sheet emphasized the critical nature of securing connected vehicle technology from countries of concern, specifically China and Russia, which have been accused of attempting to leverage technology to undermine US security interests.

Implications for Autonomous Vehicle Manufacturers

The rule proposed by the DOC would have profound implications for companies operating within the connected vehicle and autonomous vehicle industries. It explicitly restricts the import, sale, or distribution of vehicles and vehicle parts containing technology from certain foreign adversaries unless they receive an exemption. The NPRM is part of the broader effort by the US government to protect sensitive sectors from espionage, surveillance, and cybersecurity threats.

According to the Bureau of Industry and Security (BIS), the rule protects US supply chains for connected vehicles, including components like sensors, chips, and other hardware that communicate wirelessly. It also includes software and firmware that govern vehicle functions. By restricting certain technologies from foreign adversaries, the DOC aims to ensure that US manufacturers remain competitive while mitigating potential security risks.

China and Russia in the Crosshairs

The DOC’s focus on China and Russia is no surprise, given these nations’ history of cyber activities and heavy involvement in advanced technology production. China has emerged as a leader in the global technology space, producing many of the critical components used in autonomous vehicles, such as chips and sensors. The US government is concerned that allowing such technology into the US vehicle market would enable Beijing to collect sensitive data on American drivers or interfere with vehicle operations.

The Bloomberg Law report highlights that President Biden’s administration is taking a firm stance on ensuring that these countries do not gain undue influence over critical sectors such as the automotive industry. Russia, although less dominant in the technology production sphere, is also seen as a potential threat, particularly given its history of cyberattacks aimed at destabilizing critical infrastructure.

Future of the Connected Vehicle Market

If enacted, the proposed rule could reshape the landscape for autonomous vehicle manufacturers, particularly those that rely on global supply chains. Many companies may need to re-evaluate their partnerships and sources for components, software, and infrastructure that enable vehicle connectivity. Although the rule would help safeguard US national security, it could introduce new challenges, such as supply chain disruptions and increased costs for domestic manufacturers.

As the global race to dominate the autonomous vehicle market accelerates, the US government’s approach underscores the delicate balance between fostering innovation and ensuring national security. The proposed rule reminds us that the promising future of connected technology must be navigated carefully in an era of increasing geopolitical tensions.

The DOC’s proposed rule is a timely and necessary measure to protect the burgeoning connected vehicle market in the United States from foreign threats. The rule plays a pivotal role in safeguarding the US economy, national security, and data privacy by prohibiting the sale or import of connected vehicles that incorporate certain technologies from adversarial nations. However, the rule also poses challenges for companies in the autonomous vehicle industry, which will need to navigate the complexities of building secure supply chains in a globalized world. The ongoing consultation period will reveal how the industry reacts to this significant regulatory shift, but the US is clearly committed to staying ahead in technological innovation and security safeguards.

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Autonomous Vehicles, AVs, Bureau of Industry and Security, China, Connected vehicles, Department of Commerce, Russia, United States
Eric Tanenblatt

About Eric Tanenblatt

Eric Tanenblatt is the Global Chair of Public Policy and Regulation of Dentons, the world's largest law firm. He also leads the firm's US Public Policy Practice, leveraging his three decades of experience at the very highest levels of the federal and state governments.

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Peter Stockburger

About Peter Stockburger

Peter Stockburger is the office managing partner for the Firm’s San Diego office, a member of the Firm’s Venture Technology and Emerging Growth Companies group, and co-lead of the Firm’s Autonomous Vehicle practice. With a focus on data privacy and security, Peter works with clients of all sizes and maturity to build and shore up their privacy and security programs, deploy technology, enhance compliance and stakeholder confidence, take new products to market, work through data governance and retention challenges, navigate workplace disputes, and harness emerging technologies such as artificial intelligence.

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Walker Boothe

About Walker Boothe

Walker Boothe is an associate managing director in Dentons’ Public Policy and Regulation practice.

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