Fundamental Research, National Security, And The Quiet Shift Facing Universities

Universities and research institutes have long relied on the protections for "fundamental research" under national security laws to enable international collaboration in open science. Through provisions dating back to the height of the Cold War, basic and applied research has been carved out of restrictions on the transfer of intangible technology to foreign nationals (known as "deemed exports"). Recent actions by the US government suggest the potential narrowing of this long-standing approach when projects or collaborators present elevated national security risks. Particularly, as US-China relations continue to evolve, university counsel should pay close attention to policy developments in Washington that may restrict their open and collaborative research environments—especially if such research is federally funded—and raise concern among researchers and students, who are already on edge.