on 30 June 2024
In a special edition of the ‘Kávépont’ podcast series hosted by Sapientia University in Cluj-Napoca, Dr. Ferenc Török, senior lecturer at the Department of International and European Studies interviewed Dr. János Székely, a senior lecturer at the university’s Law Department and a research associate involved in an international project on dual-use technologies. The conversation delved into the intricacies of dual-use technologies, their implications for international law, trade, and security, and the challenges they pose in the modern geopolitical landscape.
Dr. Székely begins by defining dual-use technologies as items or knowledge that can be used for both peaceful, legal purposes and for military or unethical applications. He emphasizes that dual use encompasses a vast array of technologies, from everyday objects like kitchen knives to advanced technological instruments, knowledge, software, and materials. A prominent example discussed is the drone. While drones are commonly used for recreational filming and photography, they can also be repurposed for military uses, such as surveillance or as platforms for delivering explosives in conflict zones. The DJI drones, manufactured by a Chinese company, have been reportedly used in the Ukrainian theatre of war, highlighting the unintended military applications of civilian technology.
The discussion highlights the complexities manufacturers face in preventing their products from being misused. Companies like DJI may include disclaimers and design features intended to prevent misuse, such as non-removable lights or software restrictions that prevent certain functionalities. However, despite these efforts and even against the manufacturer’s intentions, products can still be adapted for unauthorized uses. This raises questions about the extent of a manufacturer’s responsibility and liability when their products are used in ways they did not foresee or condone.
Dr. Székely provides historical context by discussing the evolution of international regulations on dual-use technologies. During the Cold War, the Coordinating Committee for Multilateral Export Controls (COCOM) was established to prevent the transfer of sensitive technologies to the Soviet Union and its allies. This regime significantly hindered technological development in the Eastern Bloc by restricting access to advanced technologies. Following the dissolution of the Soviet Union, the Wassenaar Arrangement replaced COCOM in the 1990s, shifting focus to preventing “rogue states” and non-state actors from acquiring dangerous technologies that could pose global threats.
The Wassenaar Arrangement operates through technology blacklists, where member states agree not to export listed items to certain states or entities. These lists are extensive, covering advanced microprocessors, optical imaging technologies, quantum computing components, biotechnology materials, pathogens, software used in genetic engineering, and more. The complexity and breadth of these lists pose challenges for manufacturers, exporters, and even academics who must navigate the regulations to ensure compliance.
The conversation addresses the changing geopolitical landscape, noting that the rise of a multipolar world order complicates international cooperation on dual-use technology controls. Russia, despite being a member of the Wassenaar Arrangement, can adversely influence its effectiveness, while China’s non-membership presents significant challenges. The United States, perceiving technological exports as a national security risk, especially regarding China’s rapid technological advancement, has implemented stringent export bans and restrictions. The case of Huawei is highlighted as a significant example, where the U.S. government-imposed bans on chips and software access, severely impacting Huawei’s ability to compete globally in the smartphone and telecommunications markets.
Dr. Székely introduces the legal concept of “deemed export”, where the transfer of unclassified technological information within a country can be considered an export if shared with foreign nationals from restricted countries. This concept has profound implications for academic institutions and researchers. For instance, a university professor could inadvertently violate export control laws by discussing certain technologies in a lecture attended by students from sanctioned countries. Such scenarios underscore the intricate legal landscape surrounding dual-use technologies and the need for heightened awareness among professionals and academics.
The tit-for-tat nature of export bans is explored, with countries responding to restrictions by imposing their own. China, in response to U.S. export bans, has restricted exports of rare earth metals essential for semiconductor production and has leveraged its technological advantages in areas like battery production and renewable energy components. These reciprocal measures contribute to the fragmentation of global trade and the creation of technological blocs, potentially hindering international cooperation and innovation.
The European Union’s approach to dual-use technology controls is discussed. While the EU implements export controls, it generally adopts a more limited and targeted approach compared to the U.S. The EU focuses on specific sanctioned entities and end-use applications, aiming to prevent technologies from being used in military applications by countries like Russia. The EU also faces challenges in balancing its economic interests with security concerns, especially in relations with China. For example, while the U.S. has imposed strict tariffs on Chinese electric cars, the EU has adopted a more moderate stance, indicating room for negotiation and cooperation, particularly in areas related to the green transition and renewable energy technologies.
Dr. Székely and Dr. Török reflect on the broader implications of these trends, questioning whether increased restrictions and protectionism are conducive to global security and progress. Dr. Székely recalls historical instances where international cooperation and economic interdependence, such as the founding principles of the European Coal and Steel Community (the precursor to the European Union), have fostered peace and stability. The shift towards securitization of the economy and the emphasis on national security over free trade may undermine these achievements and contribute to a more fragmented and potentially volatile international system.
The conversation also touches on the impact of leadership changes within the European Union and the potential for policy shifts regarding dual-use technologies. Dr. Székely suggests that while leadership changes can influence policy directions, significant shifts are unlikely in the short term due to the long-term nature of technological and security strategies. He notes that policies tend to evolve over decades rather than electoral cycles, and current trends towards technological competition and securitization are likely to continue.
Finally, Dr. Székely provides insights into the international research project he is part of, which examines dual-use technologies from both legal and technological perspectives. The project is a collaboration involving researchers from Romania, Hungary, Poland, the Czech Republic, Croatia, and Serbia. It includes technologists focusing on the technological aspects and legal experts analyzing the regulatory and legal implications. The project has produced a range of outputs, including a forthcoming book, numerous academic articles, blog posts, and conferences held in Budapest and at the University of Miskolc. Through interdisciplinary collaboration, the project aims to enhance understanding of dual-use technologies and contribute to the development of informed policies that balance security concerns with the benefits of technological advancement and international cooperation.
In conclusion, the podcast offers an in-depth exploration of the complex interplay between technology, law, national security, and international relations. It sheds light on the challenges of regulating dual-use technologies in a rapidly changing geopolitical environment and the importance of balancing security concerns with the benefits of global cooperation.
The conversation leaves listeners with a nuanced perspective on the implications of export controls and the critical need for collaborative approaches in navigating these challenges. Both Dr. Török and Dr. Székely advocate for policies that consider long-term global stability and encourage dialogue between nations, industries, and academic institutions.
As the podcast wraps up, Dr. Török expresses a hopeful sentiment, wishing for technologies like drones to be used for peaceful purposes, such as capturing beautiful imagery, rather than being repurposed for conflict. He thanks Dr. Székely for his contributions to the legal understanding of these issues, highlighting the importance of continued research and informed policymaking in this area.
