Taking Additional Steps To Address the National Emergency With Respect to Significant Malicious Cyber-Enabled Activities

The Executive order of January 19, 2021, "Taking Additional Steps To Address the National Emergency With Respect to Significant Malicious Cyber-Enabled Activities," directs the Secretary of Commerce (Secretary) to propose regulations requiring U.S. Infrastructure as a Service (IaaS) providers of IaaS products to verify the identity of their foreign customers, along with procedures for the Secretary to grant exemptions; and authorize special measures to deter foreign malicious cyber actors' use of U.S. IaaS products. The Executive order of October 30, 2023, "Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence," further directs the Secretary to propose regulations that require providers of certain IaaS products to submit a report to the Secretary when a foreign person transacts with that provider or reseller to train a large Artificial Intelligence (AI) model with potential capabilities that could be used in malicious cyber-enabled activity. The Department of Commerce (Department) issues this notice of proposed rulemaking (NPRM) to solicit comment on proposed regulations to implement those Executive orders.