The Government's position is that Anthropic/OpenAI are forbidden from allowing non-US citizens use the models. This is impossible in reality because how can Anthropic know that the person sitting behind a Claude code session or API key is at any given moment a US citizen? You can check their ID on signup but how can they know that they didn't give their credentials to someone else to use? They can't.

Given the impossibility of compliance, what Anthropic and OpenAI are doing is working with the government to release it to certain organizations with the government's blessing.

If this were about missiles and not AI models, nobody would question this turn of events. If the government said that nobody can export this missile or allow non-citizens access to the missile, and then they started giving permission for certain organizations to handle the missile, that would be normal, not picking winners.

The only reason people are questioning it in this case is because they believe that these models are not dangerous enough to deserve these kinds of export controls. Personally I'd agree that in my 3 days of using Fable I didn't observe any superpowers. Unfortunately however, Anthropic undermined that argument by claiming that Mythos is highly dangerous, which set them up for any jailbreak of Fable to be considered a national security risk. Who is a court going to believe? Someone who used a model for 3 days? Or the government and the people who made that model?

I don't think this is what happened. Anthropic could have absolutely complied with the government order, even in the most minimal fashion possible. Instead they chose to block everybody, and then give a link blaming the government.

I think it's most likely that they felt that this would drive wide antagonism towards the government which would help put them in a more favorable situation for future negotiations to establish a more 'commercially favorable regulation regime.' In other words, build me a moat, now! The government responded by super-screwing them, but is doing so in a way that can help keep the corporate class relatively content while this plays out.

Comparing AI models with missiles is a far fetch as long as citizenship is the single qualifier used to decide who’s allowed to be a customer. This is not a security related policy, it’s about strategically controlled economic power.