There is a long history of controlling access to dual use technologies, that is technologies that have both civilian and national security implications. The security implications of near-human-level or smarter-than-human AI would make it a dual use technology.
The U.S. export control list currently controls the export of both hardware and software and covers technologies such as:
- computers with a peak performance exceeding 8 TeraFLOPS
- external network interfaces in excess of 2 Gbytes/s
Human brain level simulation is computationally very demanding due to the large number of synapses. As a result it may be worth considering incorporating both advanced neuromorphic AI hardware and software technology on the export control list. It would probably be necessary to try and craft such rules in a way that does not capture routine machine vision type applications or standard multi-compartmental neuron simulation software.
Classifying information as secret is another procedure that can be used if appropriate.