In a 2-1 decision, a federal appeals court upheld the Department of Defense's blacklisting of Anthropic.

499 points•cramer4next•6 days ago•895 comments•

895 comments

ApolloFortyNine5 days ago
I know everyone says this is political but it actually seems like a textbook designation. Anthropic wanted to have rules on how the military used AI, the military said no and therefore doesn't want anthropic used anywhere in their supply line.

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.

sippingabonedry5 days ago
> I know everyone says this is political but it actually seems like a textbook designation

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.

cmdli5 days ago
Selling a pen labeled "this pen will refuse to sign certain orders" is not sabotage or malicious and is thus not a supply chain risk. The DoD is free to not buy from Anthropic, but designating them as a supply chain risk is incorrect, as well as arguably arbitrary and capricious given their public criticism of Anthropic's beliefs.
mqus5 days ago
All of those verbs basically mean "degrade an existing system, after the fact". If anthropic states beforehand that certain use cases are not possible, it should be fine, no?

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.

7e5 days ago
It is not the textbook definition, because what Anthropic is doing is not sabotage, malicious, or subversive. Those are the key words in the definition. They are just refusing to add a feature to the military's specification. So their bid falls short of requirements.
ajmurmann5 days ago
The pen example makes sense if the intermediary were to ship the pen as part of the final product but not if the pen is simply used to draft designs of the final product. It seems that this designation would prohibit using the pen anywhere in the process which doesn't really make sense.
benoau5 days ago
> so as to surveil

How does Android and iPhone meet the grade given apps have pretty consistently leaked locations, base layouts etc?

novia5 days ago
I think you're confused. When the White House decided to stop having federal agencies buy paper straws [1], they didn't designate paper straws a supply chain risk, they just stopped buying them. The term has a very specific meaning which would not apply in the pen scenario.

[1] https://www.whitehouse.gov/presidential-actions/2025/02/endi...

dlcarrier5 days ago
It's not a great analagy; it's more like a pen manufacturer not wanting their pens used to sign drone strike orders, who then only ships pens with cameras and solenoids so that the point stays retracted until the camera verifies that the paper doesn't include a drone strike orders.
jzb5 days ago
“the military said no and therefore doesn't want anthropic used anywhere in their supply line”

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”.

frumplestlatz5 days ago
Anthropic took the position that our military’s decision making power should be subordinate to Anthropic’s constraints.

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”.

RealFloridaMan5 days ago
Anthropic did not change the terms. Those were the terms the US Government signed. It was not secret, it was explicit identified and accepted as a term.

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.”

collingreen5 days ago
And then declared the other side a supply chain risk, claiming it is a potential vector for a national adversary to break in and cause unwanted bad things to happen unrelated to this 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!

comnetxr5 days ago
I think the better analogy is an insane nuclear power plant manager deciding it wants to buy pens to use as neutron-flux regulator rods — because after all, a pen is functionally a pencil and a pencil is made of graphite.

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.”

mitthrowaway25 days ago
The previous power plant manager had, of course, already signed a contract agreeing to those terms; the power plant is subsequently under new management and upset about being bound by this contract, so they designate that none of their suppliers of parts and fuel are allowed to have any commercial dealings with the pen manufacturer or use these pens for any purpose, even writing.
roenxi5 days ago
That analogy still makes this sound like a textbook designation. In that situation the pen manufacturer is expected to sell pens without a theory of what will happen next. The person who buys a pen might use it to kill someone or commit horrific legal/moral crimes and that has nothing at all to do with the pen manufacturer.

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.

rayiner5 days ago
This isn't like using pens in a nuclear plant. AI obviously has tremendous military applications. And it's completely unsurprising that the U.S. military--whose entire doctrine for the last century has been about having the most advanced technology--demands to use frontier models without non-military people imposing restrictions.

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.”).

neuronexmachina5 days ago
JAVA TECHNOLOGY IS NOT FAULT TOLERANT AND IS NOT DESIGNED, MANUFACTURED, OR INTENDED FOR USE OR RESALE AS ONLINE CONTROL EQUIPMENT IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, SUCH AS IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, DIRECT LIFE SUPPORT MACHINES, OR WEAPONS SYSTEMS, IN WHICH THE FAILURE OF JAVA TECHNOLOGY COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.
nrds5 days ago
That is an analogy between one thing and another thing, but the topic of this thread is the designation of Anthropic as a supply chain risk, which is not involved in your analogy. It is traditional that comments refer to the topic of discussion in some way.

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."

iamdelirium5 days ago
I wonder if this is going start being abused soon.

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?

doctorwho425 days ago
Because the modern Democrats are primarily a corporate dominated party. They haven't really had any hard hitting legislation nor legal regulation/rulings on corporations in easily the last 30 years.

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.

autoexec5 days ago
A few things I can remember them doing are net neutrality, banning non-compete agreements for employees, a DMCA exception for allowing 3rd party repairs to McDonald's ice cream machines, and blocking the Albertsons/Kroger merger.
UncleOxidant5 days ago
> the modern Democrats are primarily a corporate dominated party

I suspect this is changing. The DSA branch especially wants all contracts with Palantir eliminated.

techblueberry5 days ago
"Because the modern Democrats are primarily a corporate dominated party"

And Republicans did it because.... They're anticorporation?

ajross5 days ago
> Democrats are primarily a corporate dominated party. They haven't really had any hard hitting legislation nor legal regulation/rulings on corporations in easily the last 30 years.

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.

cosmicgadget5 days ago
Dodd-Frank? CFPB?
mattnewton5 days ago
I’m worried why many big companies aren’t worried about when the shoe is on the other foot.
GeneralMayhem5 days ago
Because Democrats, being (at the moment, and relatively speaking) the party of government actually functioning according to laws, are extremely unlikely to do this in the other direction. The two sides are not the same. It is not possible to be the party aligned with institutions, rule of law, and predictability, while also using the power of government arbitrarily and vindictively. On the other hand, it's entirely possible to use the power of government arbitrarily when you're the party of greed and corruption. So "Republican-aligned companies" don't have to be nearly as worried, and otherwise-neutral companies will become Republican-aligned out of self-preservation, because one side is going to punish them for disobedience (legally or illegally) and the other side isn't.
2OEH8eoCRo05 days ago
I worry that they don't expect to leave power because they're acting like they will never be held accountable.
bpodgursky5 days ago
None of them really believe our economic or political systems will be recognizable by 2029. Everyone's playing for position in the short takeoff.
AlexCoventry5 days ago
IMO, it's almost certainly being abused. I just assume that all US domestic communications are being recorded whenever possible.
binlog5 days ago
Democrats don't control the courts.
eli5 days ago
Whose fault is that?
xienze5 days ago
> What's to stop a Democratic president from doing the same thing and destroying them?

They probably will, and the comment section here on HN will overwhelmingly applaud it. Next question?

petcat5 days ago
I still don't fully understand what this was about. It sounds like the DoD said they wanted unrestricted access to Anthropic's models, Anthropic refused, so the Pentagon declared that they wouldn't use them at all.

Isn't this basically what Anthropic wanted?

tcdent5 days ago
As I understand it cane down to one point: Anthropic wanted the ability to review actions that would have an effect on human life.

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.

noahbp5 days ago
>As I understand it cane down to one point: Anthropic wanted the ability to review actions that would have an effect on human life.

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.

everforward5 days ago
Militaries have a lot of experience, and an exceptionally poor track record.

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.

SillyUsername5 days ago
Yes, that's exactly why they used AI to blow up a school murdering a load of kids.

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.

folocitoan5 days ago
>Anthropic wanted the ability to review actions that would have an effect on human life.

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...

daveidol5 days ago
You raise an interesting point. Although wouldn’t Anthropic be the best experts on when a model would be most applicable or likely to falter?

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.

bradleybuda5 days ago
And crucially, the DoD, through the normal procurement process, agreed to Anthropic’s terms and made the purchase. Much later, the Secretary of Defense threw a political fit and tried to change the terms.
HarHarVeryFunny5 days ago
Evidentially not - Anthropic want to do business with the US military, but on their own terms, telling the military what they can and cannot use it for.
hardbass5 days ago
Is that a problem? Are there any special rules (genuinely curious) that allow the military to hijack the management of a private firm?
theptip5 days ago
Every private citizen or corporation gets to do business (or not) with the military on their own terms. This is the difference between totalitarianism and a free country.

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.

cubefox5 days ago
No it's not. Anthropic didn't want an AI to make battlefield decision on who gets killed because it's too unreliable. That doesn't mean they don't want AI used in the military supply chain.

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.

vayup5 days ago
They also effectively said that military contractors and their subcontractors cannot use Anthropic - that's a significant part of the economy. I mean technically, they can use Anthropic for non-military work. But in practice, they will choose not use it at all, since it's a better approach to show compliance.
prometheus19925 days ago
This smells like corruption to me.

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.

pixl975 days ago
Oh, 100%. You'll see OAI getting protected against lawsuits by the government while any missteps from Anthropic will be met with federal disapproval.
dgellow5 days ago
Yep, it’s obvious, in-your-face corruption
toufka5 days ago
A large portion of the president's daughter's net worth is in OpenAI via Thrive Capital [1]

[1] https://www.cnbc.com/2026/02/25/thrive-capital-openai-joshua...

gruez5 days ago
>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.

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.

solenoid09375 days ago
SCR explicitly refers to sabotage. Where is Anthropic sabotaging the US government?

DOW wanted to change the contract after the fact. Anthropic refused. That is not sabotage.

handoflixue5 days ago
I do feel like "this company hacked the Australian government" is perhaps relevant when considering how much the military should trust them. Like, that seems very relevant when assessing the risks to the government military.
simonsarris5 days ago
These are just very different things. OAI "hacking" anything isn't OAI telling the US Gov what they can and cannot do with their product. Maybe along all kinds of axes, one is more alarming than the other, but it's a canard in this topic.
prometheus19925 days ago
>> These are just very different things.OAI "hacking" anything isn't OAI telling the US Gov what they can and cannot do with their product.

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.

saadn925 days ago
Glad I canceled my subscription with them then. MAGA support is a no-no for me
NDlurker5 days ago
Greg Brockman donated something like a million dollars to a MAGA super PAC. Check his wiki page
amelius5 days ago
Isn't every subscription costing them money, still?
ctippett5 days ago
Admittedly I still need to do some reading on the current ruling, but how this isn't seen as an open and shut case of vindictive prosecution (if that's even a thing for this branch of law?) is astounding. The administration couldn't have made it more obvious there was no merit to their designation of Anthropic.
CodeWriter235 days ago
Decisions by Executive Branch Agencies <> Prosecution
adastra225 days ago
What prosecution? There’s no legal prosecution going on here.
ctippett5 days ago
You'll note that I alluded to that in the parenthesis.

Read the full thread on Hacker News →

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