Hardly. I invite you to [read the opinion][1], particularly the great pains the majority spends on wrangling the definition of the word "manipulate."
Basically, [FASCSA][2] says to denote a company is a "supply chain risk," the govt has to meet the law's rigorous definition of what a "significant" risk actually is. That definition contains a catch-all "or otherwise manipulate the function" of the thing at hand (in this case, Claude) at the very end.
The govt's whole argument is "Well Anthropic has admitted that it can technically "manipulate" the response, therefore its a significant risk, therefore we designate it as such."
The dissent gives an analogy:
> A library might post a sign saying, “Do not shout, loudly talk on the phone, play music, or otherwise disturb others.” The common understanding would be that the rule bans bringing a boom-box into the reading room with the volume turned on high but not listening to music with headphones set at a modest sound level—even though both constitute “playing music.”
It is as if the govt argued "ah ah, Anthropic played music on their headphones, they broke the rules! We therefore have the authority to ban them" and the majority insanely agrees. It is clear to anyone with basic reading comprehension that the "manipulate" clause is supposed to continue the idea of malicious or subversive manipulation that the whole section entails. The hand-waving the majority uses gives the whole game away.
Opinion by Katsas and Rao. For those that don’t follow this regularly, those are two of the biggest Trump hacks on the bench.
I suspect this will be reversed en banc.
Anthropic’s argument is really clear and easy to understand: we can’t simultaneously be a supply chain risk and also be a company the DoD demands we change our policies so they can use our models without restrictions.
Anthropic's policies are literally the supply chain risk.
The DoD could have used the same authority to seize the technology if it wanted to. Especially in a time of war. DoD has instead chosen to respect Antrhopic's boundaries and has simply barred anyone in the agency from buying a product that comes with strings attached.
This is 100% on Anthropic for product:market fit failure.
Am I misunderstanding this entire ordeal, or are Anthropic's policies not precisely what the DOD agreed to in its initial contract with Anthropic? Did the DOD not then seek to change the contract terms, to which Anthropic refused?
If I sell the DOD a service with contracted terms X/Y/Z, the DOD agrees, then later asks me to drop Z, and I refuse, how would that warrant the legal definition of a supply chain risk? How is the appropriate response for the DOD not to simply find another service provider?
The DoW tried to change a contract they had signed. Anthropic refused. That doesn't make them a supply chain risk (the wording of which implies "likely to sabotage" the government).
These are interesting results, but it reeks of LLM output. [ You made an interesting thing, why not describe it in your own words? I already read this all day.][1]
Fair call. The research and analysis are mine, but I did use AI to help clean up and structure parts of the write-up. The writing could use more of my voice, I'll own that. Appreciate the feedback
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Hardly. I invite you to [read the opinion][1], particularly the great pains the majority spends on wrangling the definition of the word "manipulate."
Basically, [FASCSA][2] says to denote a company is a "supply chain risk," the govt has to meet the law's rigorous definition of what a "significant" risk actually is. That definition contains a catch-all "or otherwise manipulate the function" of the thing at hand (in this case, Claude) at the very end.
The govt's whole argument is "Well Anthropic has admitted that it can technically "manipulate" the response, therefore its a significant risk, therefore we designate it as such."
The dissent gives an analogy:
> A library might post a sign saying, “Do not shout, loudly talk on the phone, play music, or otherwise disturb others.” The common understanding would be that the rule bans bringing a boom-box into the reading room with the volume turned on high but not listening to music with headphones set at a modest sound level—even though both constitute “playing music.”
It is as if the govt argued "ah ah, Anthropic played music on their headphones, they broke the rules! We therefore have the authority to ban them" and the majority insanely agrees. It is clear to anyone with basic reading comprehension that the "manipulate" clause is supposed to continue the idea of malicious or subversive manipulation that the whole section entails. The hand-waving the majority uses gives the whole game away.
[1]: https://www.politico.com/f/?id=000001a0-d91e-d276-aff6-f97f3...
[2]: https://en.wikipedia.org/wiki/SECURE_Technology_Act
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