GAIN Act: US Senate passes law that could shake up the AI ​​chip industry
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The United States seems determined to dominate everything: not only the markets, but the barrels of processors, the race for AI and the global digital infrastructure. The GAIN Act requires AI chipmakers to first serve U.S. customers before any exports. Is this a security maneuver or an imperial ambition? Should everything be seized and controlled today? This text could reshape the global technological balance, at what cost for the rest of the world and for cryptomining?

A U.S. senator raises his hand toward a glowing AI chip, bathed in intense orange light in the Senate chamber.

In brief

  • The GAIN Act reserves AI chips for US companies before any foreign export.
  • The Senate validates this strategic law by 77 votes to 20, despite industrial reluctance.
  • Nvidia and others denounce a market closure to the detriment of global innovation.
  • Crypto miners find themselves trapped, facing cost increases and logistical delays.

GAIN Act: a technological Patriot Act

The GAIN Act inserted in the NDAA 2026 establishes a strong rule: before exporting artificial intelligence or HPC chips, manufacturers must satisfy orders from the American market. Congress reserves the right to prohibit export licenses on the most advanced circuits. This logic of national priority evokes the trajectory of the Patriot Act: reinforced control, limitation of uses abroad.

The Senate adopted the text with 77 votes for, 20 against. According to Americans for Responsible Innovation: “ In the Senate, putting the United States first is considered a badge of honor “.

Its president Brad Carson says :

As we work to maintain America's lead in AI development, we need manufacturers of advanced AI chips to sell to U.S. companies first before going to countries of concern. The GAIN AI Act is a major victory for U.S. economic competitiveness and national security.

This alliance between technological sovereignty and the militarization of export control marks a leap: AI becomes a regulated border, not a resource open to global trade.

AI & USA: “America First” or technological isolation?

Adopting an “America First” AI version amounts to compartmentalizing innovations: only American players benefit primarily. The GAIN Act forces sales of chips first to U.S. customers, even if foreign partners need them. This approach is part of a broader policy.

The White House, through one of its advisers, David Sacks, tried to eliminate this part of the text, arguing that it would slow down the expansion of technological exports.

In its letter addressed to the Senate, ARI and American Compass recall that AI is a dual dimension between civil technology and national security: prioritizing the internal market would avoid letting competitors overtake the United States.

The danger? That non-American AI startups be disqualified from the international game. By wanting to block the domestic AI chain, the USA could isolate its market. The global AI ecosystem risks fragmenting. The challenge: reconciling sovereignty and openness — without stifling innovation.

Cryptomining in the trap: signals to watch out for

The GAIN Act does not explicitly mention crypto mining. However, it affects a key use of GPUs and high-performance chips that miners use to secure blockchains. CleanSpark has already been ordered to pay USD 185 million for disputed imported equipment; IREN faces a USD 100 million claim.

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These figures illustrate the fragility of the system. These disputes show that the crypto hardware business framework is already under strain.

Here are 5 signals to watch for:

  • October 9, 2025: adoption of the GAIN Act in the Senate (77 for / 20 against);
  • Manufacturers like Nvidia are obliged to reserve chips for US customers before export;
  • CleanSpark: $185 million claimed by customs;
  • IREN: $100 million in potential debt;
  • Possible migration of operations to freer jurisdictions.

These elements show a risk of hardware congestion for mining. Fewer chips available = higher costs = lower profitability.

In addition, a drop in the US hashrate could weaken the position of the United States in the global infrastructure of the cryptosphere. The text thus threatens not only the AI ​​giants, but also the players of the decentralized web.

When Donald Trump revealed his strategy for AI, he didn't mince his words: he wants the United States to dominate the technology, without compromise. The GAIN Act is part of this trajectory, arming a framework supposed to protect American AI. But in this quest for control, it is also crypto miners, AI startups and global innovation that risk going to the cash register.

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