National Security

This is part of an ongoing series of Covington blogs on the AI policies, executive orders, and other actions of the Trump Administration.  This blog describes AI actions taken by the Trump Administration in April 2025, and prior articles in this series are available here.

White House OMB Issues AI Use & Procurement Requirements for Federal Agencies

On April 3, the White House Office of Management & Budget (“OMB”) issued two memoranda on the use and procurement of AI by federal agencies: Memorandum M-25-21 on Accelerating Federal Use of AI through Innovation, Governance, and Public Trust (“OMB AI Use Memo“) and Memorandum M-25-22 on Driving Efficient Acquisition of Artificial Intelligence in Government (“OMB AI Procurement Memo”).  The two memos partially implement President Trump’s January 23 Executive Order 14179 on “Removing Barriers to American Leadership in Artificial Intelligence,” which, among other things, directs OMB to revise the Biden OMB AI Memos to align with the AI EO’s policy of “sustain[ing] and enhance[ing] America’s global AI dominance.”  The OMB AI Use Memo outlines agency governance and risk management requirements for the use of AI, including AI use case inventories and generative AI policies, and establishes “minimum risk management practices” for “high-impact AI use cases.”  The OMB AI Procurement Memo establishes requirements for agency AI procurement, including preferences for AI “developed and produced in the United States” and contract terms to protect government data and prevent vendor lock-in.  According to the White House’s fact sheet, the OMB Memos, which rescind and replace AI use and procurement memos issued under President Biden’s Executive Order 14110, shift U.S. AI policy to a “forward-leaning, pro-innovation, and pro-competition mindset” that will make agencies “more agile, cost-effective, and efficient.”Continue Reading April 2025 AI Developments Under the Trump Administration

Since taking office, President Trump has issued dozens of executive orders, many addressing key technology policy areas that include international trade and investment, artificial intelligence (AI),  connected vehicles and drones, and trade controls.  Some of these executive actions reverse the previous administration’s efforts on these issues—such as the order revoking President Biden’s October 2023 executive order on Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence—and others initiate a formal review process, suggesting the Trump Administration will preserve, and perhaps strengthen or enhance, key tech policies implemented by the Biden Administration and the first Trump term.  

Several of the executive actions President Trump has taken so far offer important opportunities for stakeholders to weigh in with Executive Branch agencies as they consider next steps, including whether to revoke, expand, or retain tech policies initiated under President Biden. Key initiatives include: Continue Reading Flurry of Trump Administration Executive Orders Shakes Up Tech Policy, Creates Industry Opportunities

Technology companies will be in for a bumpy ride in the second Trump Administration.  President-elect Trump has promised to adopt policies that will accelerate the United States’ technological decoupling from China.  However, he will likely take a more hands-off approach to regulating artificial intelligence and reverse several Biden Administration policies related to AI and other emerging technologies.Continue Reading Tech Policy in a Second Trump Administration: AI Promotion and Further Decoupling from China

On May 2, 2024, the Federal Communications Commission (FCC) released a draft Notice of Proposed Rulemaking (NPRM) for consideration at the agency’s May 23 Open Meeting that proposes to “prohibit from recognition by the FCC and participation in [its] equipment authorization program, any [Telecommunications Certification Body (TCB)] or test lab in which an entity identified…

Continue Reading FCC to Consider Prohibiting “Covered List” Entities from Participation in Agency’s Equipment Authorization Program

On April 25, 2024, the UK’s Investigatory Powers (Amendment) Act 2024 (“IP(A)A”) received royal assent and became law.  This law makes the first substantive amendments to the existing Investigatory Powers Act 2016 (“IPA”) since it came into effect, and follows an independent review of the effectiveness of the IPA published in June 2023.Continue Reading Changes to the UK investigatory powers regime receive royal assent

Yesterday, the Federal Communications Commission (“FCC”) announced a deadline of Monday, January 22, 2024 for all holders of international Section 214 authority to respond to a one-time information request concerning their foreign ownership.  Most telecommunications carriers hold international Section 214 authority (i.e., authorization to provide telecommunications services from points in the United States to points abroad), so virtually all carriers should prepare to respond by next month’s deadline.  Financial or strategic investors focused on the telecommunications space should prepare, as well – e.g., private equity funds with investments in telecommunications companies may be asked by these portfolio companies to provide ownership information necessary to comply with the FCC’s reporting requirement by the January 22, 2024 deadline.Continue Reading FCC Sets January 22, 2024 Deadline for All International Section 214 Holders to Provide Updated Foreign Ownership Information

Updated August 8, 2023.  Originally posted May 1, 2023.

Last week, comment deadlines were announced for a Federal Communications Commission (“FCC”) Order and Notice of Proposed Rulemaking (“NPRM”) that could have significant compliance implications for all holders of international Section 214 authority (i.e., authorization to provide telecommunications services from points in the U.S. to points abroad).  The rule changes on which the FCC seeks comment are far-reaching and, if adopted as written, could result in significant future compliance burdens, both for entities holding international Section 214 authority, as well as the parties holding ownership interests in these entities.  Comments on these rule changes are due Thursday, August 31, with reply comments due October 2.Continue Reading Comments Due August 31 on FCC’s Proposal to Step Up Review of Foreign Ownership in Telecom Carriers and Establish Cybersecurity Requirements

Last week, Chairwoman Jessica Rosenworcel of the Federal Communications Commission (FCC) announced that she expects to circulate a proposal shortly that will authorize the FCC and/or certain national security agencies to periodically evaluate the foreign ownership of FCC licensees in light of national security considerations.  She made this announcement in a speech that focused on…

Continue Reading FCC Chairwoman to Propose More Frequent Foreign Ownership Review of FCC Licensees for National Security Purposes