> The Department of War may use the AI System for all lawful purposes, consistent with applicable law, operational requirements, and well-established safety and oversight protocols. The AI System will not be used to independently direct autonomous weapons in any case where law, regulation, or Department policy requires human control, nor will it be used to assume other high-stakes decisions that require approval by a human decisionmaker under the same authorities. Per DoD Directive 3000.09 (dtd 25 January 2023), any use of AI in autonomous and semi-autonomous systems must undergo rigorous verification, validation, and testing to ensure they perform as intended in realistic environments before deployment.

The emphasized language is the delta between what OpenAI agreed and what Anthropic wanted.

OpenAI acceded to demands that the US Government can do whatever it wants that is legal. Anthropic wanted to impose its own morals into the use of its products.

I personally can agree with both, and I do believe that the Administration's behavior towards Anthropic was abhorrant, bad-faith and ultimately damaging to US interests.

Can their solution recommend to shoot at combatants lost at sea?

This is key because it's the textbook example of a war crime. It's also something that the current administration has bragged doing dozens of times.

More succinctly: who decides what is legal here? OpenAI, the Secretary of Defense, or a judge?

Wait, one of those contracts says you may not build the Terminator.

The other says you may build the Terminator if the DOD lawyers say it’s okay.

This is a major distinction.

The language allows for the DoD to use the model for anything that they deem legal. Read it carefully.

It begins “The Department of War may use the AI System for all lawful purposes…” and at no point does it limit that. Rather, it describes what the DOW considers lawful today, and allows them to change the regulations.

As Dario said, it’s weasel legal language, and this administration is the master of taking liberties with legalese, like killing civilians on boats, sending troops to cities, seizing state ballots, deporting immigrants for speech, etc etc etc.

Sam Altman is either a fool, or he thinks the rest of us are.

That language is not consistent with:

> No use of OpenAI technology to direct autonomous weapons systems

The word "legal" is doing all of the heavy lifting. Considering the countless adjudicated illegal things that the government is doing publicly. What happens behind classified closed doors?

I guess you can consider it a moral stance that if the government constantly does illegal things you wouldn't trust them to follow the law.

I know that's not what Anthropic said but that's the gist I'm getting.

No, this very devious and insidious. What the executive branch believes is legal is the real agreement here. Trump can say anything is legal and that's that. There is no judicial overview, there are no lawyers defending the rights of those who are being harmed. Trump can tell the pentagon "everyone in minnesota is a potential insurrectionist, do mass surveillance on them under the patriot act and the insurrection act".

Mass surveillance doesn't require a warrant, that's why they want it, that's why it's "mass". warrants mean judicial overview. Anthropic didn't disagree with surveillance where a court (even a FISA court!!) issued a warrant. Trump just doesn't want to go through even a FISA court.

This is pure evil from Sam Altman.

Is anyone listing these peoples names somewhere for posterity's sake? I'd hate to think this would all be forgotten. From Altman to Zuckerberg, if justice prevails they'll be on the receiving end of retribution.

> OpenAI acceded to demands that the US Government can do whatever it wants that is legal. Anthropic wanted to impose its own morals into the use of its products.

What if Anthropic's morals are "we won't sell someone a product for something that it's not realistically capable of doing with a high degree of success? The government can't do what something if it's literally impossible (e.g. "safe" backdoors in encryption), but it's legal for them to attempt even when failure is predetermined. We don't know that's what's going on here, but you haven't provided any evidence that's sufficient to differentiate between those scenarios, so it's fairly misleading to phrase it as fact rather than conjecture.

Does the US have any laws that require human control of autonomous weapons? Isn’t that a contradiction?

Didn't fully follow the saga, but isn't their "imposing their own morals" is that "we do not want to allow you to let our AI go on an unsupervised killing spree"?

Even if the autonomous weapon systems ‘perform as intended’, this does not in any way mean that they are not an enormous danger.

Secondly, as that is department policy and not a law or regulation, they appear to be saying that the cited directive is presently the only thing standing between the DOD and the use of autonomous weapons.

If that’s the case how hard is it to change or alter a directive?

The United States Military, in its official capacity, has been performing illegal, extrajudicial assassinations of civilians in international waters for months now.

We have been sharing technology and weapons with Israel while it prosecutes a genocide in contravention of both US and International law.

We are currently prosecuting a war on Iran that is illegal under both US and International law.

Any aid given to such a force is to underwrite that lawlessness and it shows a reckless disregard for the very notion of a 'nation of laws'.

When OpenAI says, 'The Military can do what is legal', full in the knowledge that this military has no interest in even pretextual legality, one has to wonder why you hold that you 'agree with' both of these decisions.

Do you believe the flimsiest of lies in other aspects of your life?

And who decides what's legal? The US was collecting illegal tariff revenue for ten months. Does OpenAI need to wait for the Supreme Court to strike down autonomous killbots?

> OpenAI acceded to demands that the US Government can do whatever it wants that is legal. Anthropic wanted to impose its own morals into the use of its products.

Excuse me, but what a fucked up perspective. "Impose its own morals into the use of its products"? What happened to "We give each other the freedom to hold beliefs and act accordingly unless it does harm"? How on earth did it come to something where the framing is that anyone is "imposing" anything on another simply by not providing services or a product that fits somebody else's need? That sounds like you're buying into the reversed victim and offender narrative.

And this is not about whether one agrees with their beliefs. It is about giving others the right to have their own.

My interpretation of the difference is more like: Anthropic wanted the synchronous real-time authority to say "No we wont do that" (e.g. by modifying system prompts, training data, Anthropic people in the loop with shutdown authority). OpenAI instead asked for the asynchronous authority to re-evaluate the contract if it is breached (e.g. the DoD can use OpenAI tech for domestic surveillance, but there's a path to contract and service termination if they do this).

If my read is correct: I personally agree with the DoD that Anthropic's demands were not something any military should agree to. However, as you say, the DoD's reaction to Anthropic's terms is wildly inappropriate and materially harmed our military by forcing all private companies to re-evaluate whether selling to the military is a good idea going forward.

The DoD likely spends somewhere on the order of ~$100M/year with Google; but Google owns a 14% stake in Anthropic, who spends at least that much if not more on training and inference. All-in-all, that relationship is worth on the order of ~$10B+. If Google is put into the position of having to decide between servicing DoD contracts or maintaining Anthropic as an investee and customer, its not trivially obvious that they'd pick the DoD unless forced to with behind-the-scenes threats and the DPA. Amazon is in a similar situation; its only Microsoft that has contracts large enough with the DoD where their decision is obvious. Hegseth's decision leaves the DoD, our military, and our defense materially weaker by both refusing federal access to state of the art technology, and creating a schism in the broader tech ecosystem where many players will now refuse to engage with the government.

Either party could have walked away from negotiations if they were unhappy with the terms. Alternatively: the DoD should have agreed to Anthropic's red lines, then constrained/compartmentalized their usage of Anthropic's technology to a clearly limited and non-combat capacity until re-negotiation and expansion of the deal could happen. Instead, we get where we're at, which is not good.

IMO: I know a lot of people are scared of a fascist-like future for the US, but personally I'm more fearful of a different outcome. Our government and military has lost all of its capacity to manufacture and innovate. Its been conceded to private industry, and its at the point where private industry has grown so large that companies can seriously say "ok, we won't work with you, bye" and it just be, like, fine for their bottom line. The US cannot grow federal spending and cannot find a reasonable path to taxing or otherwise slowing down the rise of private industry. We're not headed into fascism (though there are elements of that in the current admin): We're headed into Snow Crash. The military is just a thin coordination layer of operators piecing together technology from OpenAI, Boeing, Anduril, Raytheon. Public governments everywhere are being out-competed by private industry, and in some countries it feels like industry tolerates the government, because it still has some decreasing semblance of authority, but especially in the US that semblance of authority has been on a downward trend for years. Google's revenue was 7% of the US Federal Government's revenue last year. That's fucking insane. What happens when we get to the point where Federal debt becomes unserviceable? When Google or Apple or Microsoft hit 10%, or 15%? Our government loses its ability to actually function effectively; and private industry will be there to fill the void.