AI竞赛升级，美国商业秘密保护陷入两难

Core Insights - Protecting AI core technology assets has become a strategic priority for the United States amid the rapid global development of AI technology [1] - The protection of trade secrets is crucial in the context of increasing global AI competition, as AI is not just a new technology but a key infrastructure [2] - The U.S. faces significant challenges in its intellectual property system, particularly in patent protection for AI technologies, which has led to a reliance on trade secrets [4] Group 1: Trade Secrets and National Security - The value of trade secrets in AI has increased exponentially, and traditional protection methods like patents and copyrights are less effective for easily replicable AI innovations [2] - The U.S. has implemented laws like the Economic Espionage Act and the Defend Trade Secrets Act to criminalize trade secret theft, but enforcement remains limited to U.S. courts [3] - The National Security Commission on Artificial Intelligence (NSCAI) has called for prioritizing trade secrets and intellectual property as part of national security and economic strategy [3][4] Group 2: Legal Challenges and Litigation Trends - There has been a significant increase in trade secret litigation related to AI, with 36 cases reported in the first half of 2025, an 80% increase from the previous year [5] - High-profile cases, such as Tesla's lawsuit against Proception and OpenEvidence's lawsuits against competitors, highlight the growing importance of trade secrets in protecting AI technologies [6] - The "black box" nature of AI systems complicates the enforcement of trade secret rights, as plaintiffs must provide sufficient detail about algorithms to meet legal requirements [8] Group 3: Regulatory and Talent Development Issues - Overly broad AI reporting regulations could undermine U.S. leadership in AI by exposing proprietary information [9] - The U.S. government faces a talent deficit in AI, which is a significant barrier to deploying AI technologies effectively [10] - Concerns about the overreach of trade secret claims could hinder the mobility of talent within the AI ecosystem, impacting innovation [11] Group 4: Strategic Implications - The U.S. is engaged in a complex AI competition, balancing trade secret protection, technology openness, talent mobility, and national security [12] - A bipartisan consensus is forming around the necessity of protecting trade secrets as a strategic imperative for maintaining U.S. technological superiority in AI [12]