21st Century Peace through Strength Act, Division D ("Protecting Americans from Foreign Adversary Controlled Applications Act")

Prohibits entities from distributing, maintaining, or updating foreign adversary-controlled applications in the U.S. Requires user data portability before prohibition. Allows civil penalties for violations. Permits exemptions for qualified divestitures and necessary services. Grants judicial review in D.C. Circuit.

  • Authority: United States Congress
  • Parent authority: Federal government
  • Jurisdiction: United States
  • Collections: U.S. federal laws
  • Most recent activity: Defunct
  • Most recent activity date: 2025-01-03

Risk subdomain coverage

Good coverage — Comprehensive governance measures or mitigations with clear procedures relating to the risk subdomain are explicitly described.

  • Disinformation, surveillance, and influence at scale
  • Competitive dynamics
  • Governance failure

Minimal coverage — Brief mention but no specific mitigations, recommendations or governance measures relating to the risk subdomain are described.

  • Compromise of privacy
  • AI system security vulnerabilities
  • Cyberattacks, weapon development or use
  • Fraud, scams, and targeted manipulation
  • Power centralization and unfair distribution

All other risk subdomains had no coverage in this document.

Risk Coverage Summary

The document primarily addresses national security risks from foreign adversary-controlled applications, with strong focus on malicious actors (4.1, 4.2), AI system security (2.2), competitive dynamics (6.4), and governance failure (6.5). It also addresses privacy compromise (2.1) through data portability requirements and power centralization (6.1) through divestiture provisions.

Sector coverage

Good coverage — Comprehensive governance measures or mitigations with clear procedures relating to the sector are explicitly described.

  • Information
  • National Security

Minimal coverage — Brief mention but no specific mitigations, recommendations or governance measures relating to the sector are described.

  • Professional & Technical Services

All other sectors had no coverage in this document.

Sectors Summary

The document primarily governs the Information sector, specifically social media platforms and applications that enable user-generated content sharing. It also has implications for Professional and Technical Services (marketplace operators) and potentially impacts National Security through its focus on foreign adversary threats.

Legislative Status

Hard Law

Legislative Status Summary

This is a binding federal statute enacted by the United States Congress with explicit enforcement mechanisms, civil penalties, and mandatory compliance requirements.

Actors

Proposer

  • Entity Types: AI_Governance_Actor
  • Summary: The document is a division of an Act passed by the United States Congress, as indicated by the title '21st Century Peace through Strength Act' and the legislative structure.

Target

  • Entity Types: AI_Developer, AI_Deployer, AI_Infrastructure_Provider
  • Summary: The Act explicitly targets entities that distribute, maintain, or update foreign adversary controlled applications, including specifically named companies (ByteDance, TikTok) and service providers (marketplace operators, internet hosting services).

Enforcer

  • Entity Types: AI_Governance_Actor
  • Summary: The Attorney General is explicitly designated as the enforcement authority with power to conduct investigations, pursue enforcement actions, and bring civil actions in district courts.

Monitor

  • Entity Types: AI_Governance_Actor
  • Summary: The President monitors through determinations of national security threats and qualified divestitures via interagency processes. Congress receives reports. The D.C. Circuit Court provides judicial review.

AI Lifecycle Stages

Lifecycle stages covered by the documents, as defined in the OECD Framework for the Classification of AI Systems

  • Collect and Process Data
  • Build and Use Model
  • Deploy
  • Operate and Monitor

AI Lifecycle Summary

The document primarily addresses the Deploy and Operate and Monitor stages of the AI lifecycle, focusing on the distribution, maintenance, and updating of applications. It does not substantially cover earlier stages like planning, data collection, or model building.

Technical Scope

Terms relating to technical scope that are mentioned or implicitly referenced in the document

No technical scope terms identified.

Technical Scope Summary

The document does not explicitly define or mention AI models, AI systems, or specific AI categories. It focuses on 'applications' (websites, desktop applications, mobile applications, augmented or immersive technology applications) controlled by foreign adversaries, without specific AI terminology. The scope is defined by application functionality and ownership rather than AI technical characteristics.

https://www.congress.gov/bill/118th-congress/house-bill/8038
https://agora.eto.tech/instrument/1001
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Document data from AGORA, CSET Emerging Technology Observatory.