Soldiers with AI
Image: Army Research Laboratory Public Affairs/US Army

Civil regulations for artificial intelligence aren’t just about ethics or consumer safety; they could reshape how militaries develop and use such technologies.

That’s the warning from a new Atlantic Council report, which unpacks how civil AI laws are quietly shaping defense and national security capabilities — and why those communities can’t afford to stay on the sidelines.

Although civilian AI regulations often carve out military uses, the report emphasizes that lines between civilian and military technologies are porous.

Since most AI tools have dual-use potential, laws targeting civilian AI risk inadvertently restricting military systems through three main channels: market shaping, legal interpretation, and regulatory burdens.

Hidden Risks of Civil AI Regulation on Defense

First, market-shaping rules, like standards, data restrictions, or export controls, can narrow the development path for AI tools that military organizations depend on.

If private firms shift away from certain AI systems due to civilian compliance risk, defense may find itself with fewer options.

Second, judicial interpretation of civil regulation could sway courts or agencies into applying civilian restrictions to defense contexts.

The report warns that the “license to operate” for defense could erode when laws with broad or ambiguous language are used in legal challenges.

Third, regulatory burdens, including data transparency, risk assessments, or compliance costs, could seep into defense-adjacent practices, slowing innovation and raising costs.

The takeaway: the defense and national security community must actively participate in civil AI policy debates.

From engaging with EU, US, UK, China, and OECD frameworks to lobbying for dual-use context and regulatory sensitivity, military planners and lawmakers need to treat civil AI lawmaking as a front line of strategic competition, the report argues.

Letting civilian AI regulation proceed in isolation, the Atlantic Council cautions, risks undermining future military readiness — from procurement to battlefield autonomy — without anyone noticing.

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