In a 2-1 decision, a federal appeals court upheld the Department of Defense's blacklisting of Anthropic.
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This is like a pen manufacturer not wanting their pens used to sign drone strike orders, now the military needs to have a special box of pens that don't have stipulations attached. With AI usage it would be the same thing except applied to entire product chains. It seems like it would just add more complexity to operations.
You can agree with the rules anthropic wanted, but having rules set by a private company at all that apply to the military does seem fair for the military to object to.
>The Department reasonably feared that Anthropic might manipulate Claude’s design to prevent it from performing national-security functions that the Department deems contractually authorized and necessary
Though they'd probably put the DoD on the cybersecurity whitelist today, the very idea of the claude whitelists for certain functionality already exists and is being used by them today.
It literally is a textbook definition, signed into US law:
“Supply chain risk,” means the risk that an adversary may sabotage, maliciously introduce unwanted function, or otherwise subvert the design, integrity, manufacturing, production, distribution, installation, operation, or maintenance of a covered system so as to surveil, deny, disrupt, or otherwise degrade the function, use, or operation of such system (see 10 U.S.C. 3252).
To add onto what another commenter said, the pen analogy would be more like the manufacturer designing pens that stopped working when used to sign strike orders they disagreed with.
To give another (bad) analogy: The Pens aren't made to be weapons themselves, they are not intended for that. If the DoD now tries to shoot pens as projectiles and they just melt, that's no reason to classify the pen manufacturer as a supply chain risk, the product was not altered after the fact.
Of course, there _is_ a difference in "It could do that, but it shouldn't" and "It cannot do that". But it is not that large. That's why I don't see it as that clear cut.
How does Android and iPhone meet the grade given apps have pretty consistently leaked locations, base layouts etc?
[1] https://www.whitehouse.gov/presidential-actions/2025/02/endi...
It’s clearly a punitive measure and has nothing to do with national security.
If a supplier uses Anthropic to develop a product, how does that pose a risk to the DoD or national security? The DoD can specify that a third party system can’t rely on Anthropic for DoD use without designating the company a supply risk. It was very clear that the administration was punishing the company for saying “no”.
Any dependency on a company that thinks they have that moral authority and has the technical means to enforce it is absolutely a risk to the supply chain.
If you want to blame someone or something for this, we should start with Dario and “effective altruism”.
The analogy would be: “A customer agreed to a contract, and after running into a clause of the contract they no longer wanted to follow…canceled the contract unilaterally…which also violated the contract.”
It seems like absurdly bad faith starting at breaking the contract (over "you have to follow the law", no less!) and then to retaliate after that with trying to destroy the company's reputation and ability to do business. The boot licking going on here justifying the government operating in bad faith is both disappointing and short sighted. I didn't think the leopards would eat MY face!
Then the pen manufacturer hears about this and says “Our pens are not made of graphite and are not suitable to be used in nuclear reactors”, to which the reactor owner says “it’s fine, they fit in the graphite rod holes, and we’re just using until the next generation of pens come out which will do an even better job”, and then the pen manufacturer says “I’m not going to sell you any pens until you agree that they will be used only writing.”
I can see how I might reasonably refuse to deal with that pen manufacturer. The pen manufacturer is unreasonably pushy and they're going to be massive trouble to deal with because they're all up in my business in a paranoid way and disrupting my use of their product. Companies have made my never-again list for far smaller slights.
Have you seen the movie Oppenheimer? The U.S. military did not care about the moral opinions of the nuclear scientists--they were going to get nukes first. This is like Truman telling off Oppenheimer for being upset after the U.S. used the bomb: https://www.biography.com/political-figures/a44361438/why-ha... ("Blood on his hands; damn it, he hasn’t half as much blood on his hands as I have. You just don’t go around bellyaching about it,” Truman said.... He called Oppenheimer a “cry-baby scientist” and said, “I don’t want to see that son of a b–– in this office ever again.”).
For example, one might extend your analogy to "The nuclear power plant then declares that it will not buy the pens after all, and the pen manufacturer (who had banned them as a customer) sues them to force them to buy the pens after all."
If I was Palantir or any other GOP aligned company, I would be completely against this. What's to stop a Democratic president from doing the same thing and destroying them?
I doubt that is going to change anytime soon. They are a private entity, so they can manage and change their primary system any way they want.
I suspect this is changing. The DSA branch especially wants all contracts with Palantir eliminated.
And Republicans did it because.... They're anticorporation?
Sarbanes-Oxley? Dodd-Frank? ACA? Now I'm sure you (like, every other living human) has a ton of nitpicks and criticism of bills like that. But they're real and they passed and they're largely-to-wholely partisan creations of the Democratic policy apparatus (SOX looked very bipartisan and was passed under Bush, but the actual bill was written mostly by democratic staffers).
I mean, fine, you'd like different regulation. But they're responsible for basically all the corporate regulation active in the US regime.
Bothsidesism is a very poor tool for this particular argument. Work with your allies, please.
They probably will, and the comment section here on HN will overwhelmingly applaud it. Next question?
Isn't this basically what Anthropic wanted?
Which sounds sensible on the surface, until you realize that all military organizations have extensive experience with that exact question, and have spent centuries refining their practices. Deferring that to a private company is actually a major regression and a concerning role to pass on to the public regardless.
FWIW I am not pro military, but it's a prominent part of human culture and not going away anytime soon. I do understand the nature of professions, however, and only one of these groups has made the interpretation of this question their specialization.
This is not at all what happened. The existing contract that Anthropic had with the government had two red lines: No autonomous weapons (i.e., do not build Skynet with Claude), and no mass domestic surveillance.
Anthropic did not, and does not want, any case-by-case veto power over the US Military's use of their AI models. The red lines were negotiated ahead of time.
I don’t remember the last war that didn’t have credible evidence of war crimes occurring. Were bombing civilian infrastructure in Iran, Iraq had Abu Ghraib among all the Collateral Damage stuff, the Highway of Death in the Gulf was probably a war crime, Vietnam had My Lai, WWII was the advent of carpet bombing civilian infrastructure. I can’t think of any for Korea, but I also know very little so that doesn’t say much.
We still haven’t charged anyone for the second strike on that fishing boat in South America, and I haven’t heard a single rationale for why that’s not a war crime other than “fog of war”.
The US doesn’t even really have a meaningful system for finding and prosecuting these, because we aren’t signatories for the ICC and have a bill saying we’ll invade if they charge one of our service members with a war crime. We aren’t basically the furthest thing from having any experience prosecuting war crimes. I can probably count on my fingers the number of cases we’ve tried. We rarely charge our own service members, and we usually kill foreign combatants rather than capture and charge them.
That kind of extensive experience.
Anthropic did the morally right thing and are being punished for it. The case in point justifies their position.
As they say, no good deed goes unpunished.
They wanted assurances that it would not be used for mass surveillance or autonomous weapons. They did not request to be "in the loop".
Furthermore, even if Anthropic had requested that, it would be a reason for the DoD to cancel the contract because the terms were unacceptable, not to declare Anthropic a supply chain risk. Declaring them a supply chain risk requires proving that they intended to sabotage their own product, adding malicious functionality. There is no evidence whatsoever that they planned to do that.
https://www.cbsnews.com/news/anthropic-pentagon-supply-chain...
I guess my opinion would really depend on the exact wording and details of the arrangement. Lots of people jumping in with strong stances based on pretty limited details.
Anthropic’s position is also known as “having terms of service”.
To be clear the existing, signed ToS terms that Trump balked at were:
1. No mass surveillance of US civilians - illegal but we have all read the Snowden papers.
2. Fully unmanned kill chains on autonomous weapons - Anthropic have even stated they will support this eventually, they just didn’t think their models were ready and didn’t want the obvious, inevitable blowback.
The DoD is within its rights to cancel the contract if it doesn’t like the terms that it previously signed.
And it also doesn't mean that Anthropic is a supply chain risk merely for not wanting AI to be the active decision maker in live or death situations in war.
And Anthropic's objection was recently confirmed: the US military blew up a school in Iran due to an AI error, and killed more than a hundred kids.
OpenAI has hacked several prominent entities and is allowed to do business as usual but Anthropic putting guardrails on the military's usage of AI is the national security threat while Pentagon itself said that over reliance on AI lead to that attack on school in Minab.
I have also learned that OpenAI's president is a big maga donor and now I am thinking of cancelling my OpenAI membership todau and signing up with Anthropic again.
Edit - i am not a OAI hater and i don't hate anyone. I am just saying Anthropic is kinda getting bullied and OAI is not being punished enough for their actions. It is time for me to support Anthropic (with my $$$) instead of OAI.
[1] https://www.cnbc.com/2026/02/25/thrive-capital-openai-joshua...
Right, because "supply chain risk" designation is as it pertains to them being a supplier to the military, not a overall assessment of their standing as a corporate citizen. Not to mention that the administration wants to go full steam ahead when it comes to AI development, so there's no internal contradiction here.
DOW wanted to change the contract after the fact. Anthropic refused. That is not sabotage.
OAI hacking the chinese government will definitely raise alarms in DC and will be bad for national security. Just because the country that was hacked (australia) is a weaker one doesn't mean the underlying action is not troubling.
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