Americans may end up in a situation where they have some $1000-2000 device at home with an open Chinese model running on it
Wouldn't worry about that, I'm pretty sure the government is going to ban running Chinese tech in this space sooner or later. And we won't even be able to download it.
Not saying any of the bans will make any kind of sense, but I'm pretty sure they're gonna say this is a "strategic" space. And everything else will follow from there.
When DeepSeek first hit the news, an American senator proposed adding it to ITAR so they could send people to prison for using it. Didn't pass, thankfully.
For criminal concerns regarding retroactive ITAR additions, yes. However, significant civil financial penalties if congress so wished could still be constitutional as the ex post facto clause has been held to apply exclusively to criminal matters starting in Calder v. Bull [1].
History is littered with unconstitutional, enforced laws, as well. Watched a lot of Ken Burns docs this weekend while sick. “The West” has quite a few examples.
There are a lot of things in the US Constitution. But the Supreme Court is the final arbiter, and they're moving closer and closer to "whatever you say, big daddy."
Wouldn't worry about that, I'm pretty sure the government is going to ban running Chinese tech in this space sooner or later. And we won't even be able to download it.
Not saying any of the bans will make any kind of sense, but I'm pretty sure they're gonna say this is a "strategic" space. And everything else will follow from there.
Download Chinese models while you can.