Hawley’s AI Bill Proposes Jail For Downloading Chinese AI Models

Senator Josh Hawley (R-MO) has introduced a bill that could impose severe penalties on individuals who download artificial intelligence models developed in China, as first reported by 404 Media.

The proposed Decoupling America’s Artificial Intelligence Capabilities from China Act seeks to prohibit AI technology imports from China and penalize those who knowingly download AI models like DeepSeek with up to 20 years in prison, a $1 million fine, or both.

Hawley argues that American data and dollars should not fuel China’s technological advancements. “Every dollar and gig of data that flows into Chinese AI are dollars and data that will ultimately be used against the United States,” he said in a statement, reported by 404 Media.

He singled out DeepSeek, a Chinese AI model that rivals U.S. counterparts, claiming it “a data-harvesting, low-cost AI model that sparked international concern and sent American technology stocks plummeting,” as reported by 404 Media

The bill not only bans exporting AI infrastructure, like semiconductors and intellectual property, but also restricts importing AI technologies from China—including potentially AI model weights, though this isn’t explicitly stated. It could extend to downloading AI models, though enforcement remains uncertain, as reported by The Register.

Additionally, investing in Chinese AI firms would be prohibited, potentially impacting American shareholders with stakes in these companies, noted The Register.

It also extends to research collaboration, potentially penalizing scientists who share AI studies that could be accessed in China, as noted by 404 MediA.

Why are we allowing American tech giants like Microsoft to help China develop DeepSeek and other AI? It’s insane. We should ban the transfer of AI technology to China immediately https://t.co/h4aSy7HFyb

— Josh Hawley (@HawleyMO) January 29, 2025

Critics have raised concerns about the bill’s broad language and potential consequences. Kevin Bankston, a senior AI policy advisor at the Center for Democracy & Technology, called it

“a broad attack on the very idea of scientific dialogue and technology exchange with China around AI, with potentially ruinous penalties for AI researchers and users alike and deeply troubling implications for the future of online speech and freedom of scientific inquiry.,” as reported by 404 Media.

The legislation’s wording could criminalize millions of Americans who have downloaded DeepSeek, currently one of the most popular apps on the Apple App Store.

Legal experts note that the bill specifies penalties for individuals who “willfully” violate its provisions. However, Bankston warns that even accidental downloads could trigger civil penalties, says 404 Media.

Kit Walsh from the Electronic Frontier Foundation cautioned that the bill might strengthen Big Tech’s control over AI by limiting open research, as reported by 404 Media.

Hawley’s office has not responded to requests for comment, said 404 Media.