Discussion

• @katie_haun Katie Haun on x

  Anthropic just lost its bid to pause the government's supply chain designation while the legal fight plays out. A 3-judge DC Circuit panel (one level below SCOTUS) ruled the “equitable balance cuts in favor of the government.” To win a stay, you need to show (1) you're likely to

• @jtillipman Jessica Tillipman on x

  Just to recap: Anthropic is simultaneously a “supply chain risk” for DoD and available to agencies on https://usai.gov/. If Anthropic truly poses the kind of threat the government claims, you would have expected the government to respond to Judge Lin's injunction by

• @jbsdc Justin Slaughter on x

  Allow me to summarize: this was a decision not on the merits (ie whether Anthropic is a supply chain risk) but merely whether they deserve a stay of that designation while the case is pending. That has a very high burden of proof which Anthropic couldn't meet for this panel.

• @rparloff Roger Parloff on x

  How does it help military readiness to abstain from using your preferred provider?

• @josephpatrice Joe Patrice on x

  This case is so Kafkaesque. “Anthropic is a supply chain risk and the remedy is... we demand to be able to use more Anthropic!” The DC Circuit issued a stay but expedited briefing b/c there are ChatGPT briefs with stronger legal arguments than Blanche has.

• @dagtoddblanche Acting AG Todd Blanche on x

  Today's D.C. Circuit stay allowing the government to designate Anthropic as a supply chain risk is a resounding victory for military readiness. Our position has been clear from the start — our military needs full access to Anthropic's models if its technology is integrated into

• @rparloff Roger Parloff on x

  Where does Anthropic stand right now? 1. DoD can refuse to use it for IT and telecoms pending full briefing before DC Cir. 2. Nothing stops rest of fed govt from using it & GSA said on 4/3 it was restoring it to https://usai.gov/. 3. Private contractors can use it, except

• @trynmccaffery Tryn McCaffery on x

  The audacity of saying “our position has been clear from the start”

• @khansaifm Saif M. Khan on x

  The DC Circuit panel's opinion is highly deferential to DoD, taking its concerns at face value without addressing contrary interpretations of DoD's behavior. Reading the tea leaves, I think it's reasonably likely the panel will rule in DoD's favor on the merits as well. But

• @adamlowisz Adam Lowisz X Meetup on x

  Imagine if Anthropic's Claude suddenly decided that it would send the Ayatollah detailed plans on how to take out the United States because for some reason its woke neural network viewed the authoritarian Ayatollah as being the victim.

• @jtillipman Jessica Tillipman on x

  Deference to the govt on matters of national security is normal, but on a record this thin, this is *a lot* of deference.

• @allinallnotbad Samuel Roland on x

  Good, succinct analysis that hits on a point I missed about the expedited schedule.

• @charliebull0ck Charlie Bullock on x

  For the record, I think Anthropic will probably win 8-1 or 7-2 in any appeal that goes to the Supreme Court. The dynamic here is not left vs. right, it's “cares about the law at least a little bit (or doesn't like the administration)” vs. “does not care about the law at all and

• @allinallnotbad Samuel Roland on x

  The opinion is very short, and I encourage y'all to read it, but it essentially says the balance of the equities favors the government, particularly given the national security and judicial overreach concerns of “requiring the Department to prolong its use of Anthropic's AI

• @charliebull0ck Charlie Bullock on x

  The odds of Anthropic drawing a panel of three Republican-appointed judges on the D.C. Circuit were only about 2.4%, if I'm doing the math right. They got extremely unlucky. The good news for them is that there are only 4 R-appointed judges (out of 11) on the D.C. Circuit. Of

• @awakenedoutlaw @awakenedoutlaw on x

  What's crazy to me is that this even had to go this far.

• @tomfitton Tom Fitton on x

  Good news for our constitutional system and national security.

• @_nathancalvin Nathan Calvin on x

  Acting AG Blanche on the DC circuit's ruling to maintain one of Anthropic's supply chain risk designations: “Our position has been clear from the start — our military needs full access to Anthropic's models if its technology is integrated into our sensitive systems.”

• @_nathancalvin Nathan Calvin on x

  DC circuit declines to provide preliminary relief to Anthropic on their other supply chain risk designation (under 41 U.S.C. § 4713): “we do not lightly override the Department's judgements on matters involving national security” [image]

• @charliebull0ck Charlie Bullock on x

  Anthropic's motion for a stay has been denied by the D.C. Circuit. This was essentially the D.C. Circuit equivalent of the motion for a preliminary injunction that they filed in California. What this means is that Anthropic will remain a designated supply chain risk for a while

• @bdquinn Sir Humphrey on x

  The only real consequence of this is that the federal government has deprived itself of access to the best AI model for government work out there.

• @allinallnotbad Samuel Roland on x

  But what is more important here is what the court did not do, which was assert jurisdiction and try to strike down the ND Cal's injunction. As a result, the ND injunction, banning the wide-ranging retribution by the Pentagon still stands. At least for now.

• @cate_long Cate Long on x

  From the DC Circuit ruling — “We begin by acknowledging that Anthropic will likely suffer some degree of irreparable harm absent a stay. Anthropic casts its interests partly in constitutional terms, but those interests seem primarily financial in nature.” ++ “And the