The Commerce Department’s Bureau of Industry and Security (“BIS”) recently published an advanced notice of proposed rulemaking asking for public comment on criteria to identify “emerging technologies that are essential to U.S. national security,” for example because they have potential intelligence collection applications or could provide the United States with a qualitative intelligence advantage.

BIS is the federal agency that primarily oversees commercial exports. Over the summer, Congress passed the Export Control Reform Act of 2018 and authorized BIS to establish appropriate controls on the export of emerging and foundational technologies. Although by no means exclusive or final, BIS has proposed an initial list of areas that may become “emerging technologies,” including artificial intelligence/machine learning technology, brain-computer interfaces, and advanced surveillance technology, such as faceprint and voiceprint technologies. If BIS ultimately determines a technology will be subject to export controls, it will likely receive a newly-created Export Control Classification Number on BIS’s Commerce Control List and would require a license before export to any country subject to a U.S. embargo, including arms embargos (e.g., China). Continue Reading Is Your Technology an “Emerging Technology?”

Back by popular demand, Attorney Alfredo Fernandez will conduct a CLE webinar entitled “Export Controls in the Cloud.” He will provide practical guidance on how to balance the risks and benefits of using cloud-based software and storage services with respect to export controls compliance.

As most high-technology industries continue shifting how they access and store data (e.g., from onsite servers to cloud-based resources), the compliance challenges also evolve. The use of cloud-based services presents a compelling upside, but companies must understand the impact to export controls and reduce the risk of violations. Because cloud technology is now burgeoning into the mainstream, the legal framework is still fluid and beginning to develop with limited government guidance.

The presentation will address:

  • The basics of cloud computing
  • Key definitions under the ITAR and EAR
  • Understanding the need for “end-to-end encryption”
  • Understanding how and where your data is “at rest”
  • Managing “access” and “potential access”
  • Key takeaways from available government and industry guidance

Speakers: Alfredo G. Fernández
When: June 13, 2018, 12:00 PM – 1:00 PM EDT
Where: Webinar


This CLE program has been approved in accordance with the requirements of the New York CLE Board for a maximum of 1.0 credit hour, of which 1.0 can be applied toward the Professional Practice requirement. This program is appropriate for both transitional and nontransitional attorneys.

Neither the Connecticut Judicial Branch nor the Commission on Minimum Continuing Legal Education approves or accredits CLE providers or activities. It is the opinion of this provider that this activity qualifies for up to one hour toward your annual CLE requirement in Connecticut, including zero hour(s) of ethics/professionalism.