Cybersecurity & Tech Executive Branch

Scaling Laws: Export Controls: Janet Egan, Sam Levy, and Peter Harrell on the White House's Semiconductor Decision

Alan Z. Rozenshtein, Janet Egan, Peter E. Harrell, Sam Winter-Levy
Tuesday, August 19, 2025, 10:00 AM
Discussing the legality of President Trump's deal with Nvidia and AMD.

Published by The Lawfare Institute
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Alan Rozenshtein, research director at Lawfare, sat down with Sam Winter-Levy, a fellow in the Technology and International Affairs Program at the Carnegie Endowment for International Peace; Janet Egan, a senior fellow with the Technology and National Security Program at the Center for a New American Security; and Peter Harrell, a nonresident fellow at Carnegie and a former senior director for international economics at the White House National Security Council under President Joe Biden.

They discussed the Trump administration’s recent decision to allow U.S. companies Nvidia and AMD to export a range of advanced AI semiconductors to China in exchange for a 15% payment to the U.S. government. They talked about the history of the export control regime targeting China’s access to AI chips, the strategic risks of allowing China to acquire powerful chips like the Nvidia H20, and the potential harm to the international coalition that has worked to restrict China’s access to this technology. They also debated the statutory and constitutional legality of the deal, which appears to function as an export tax, a practice explicitly prohibited by the Constitution.

Mentioned in this episode:


Alan Z. Rozenshtein is an Associate Professor of Law at the University of Minnesota Law School, Research Director and Senior Editor at Lawfare, a Nonresident Senior Fellow at the Brookings Institution, and a Term Member of the Council on Foreign Relations. Previously, he served as an Attorney Advisor with the Office of Law and Policy in the National Security Division of the U.S. Department of Justice and a Special Assistant United States Attorney in the U.S. Attorney's Office for the District of Maryland. He also speaks and consults on technology policy matters.
Janet Egan is a senior fellow with the Technology and National Security Program at the Center for a New American Security.
Peter E. Harrell is an Adjunct Senior Fellow at the Center for a New American Security, where his research focuses on the intersection of international economics and U.S. national security. He also maintains a law practice advising companies on sanctions compliance and other areas of national security law. Harrell previously served at the State Department from 2009-2014.
Sam Winter-Levy is a fellow in the Technology and International Affairs Program at the Carnegie Endowment for International Peace.
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