Anthropic v. Department of War (D.C. Cir., Sept. 25): the declarations Anthropic filed to prove it could not sabotage Claude are the evidence the panel used to hold it would "manipulate" it. Notes on losing a case by over-defending.
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The panel used Anthropic's declarations as evidence that Anthropic would manipulate Claude.
Anthropic v. Department of War (D.C. Cir., Sept. 25): the declarations Anthropic filed to prove it could not sabotage Claude are the evidence the panel used to hold it would "manipulate" it.
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Anthropic has no access to air‑gapped deployments.
Anthropic's head of public sector attested that it has no access to air‑gapped deployments
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Delivered models do not drift.
that delivered models do not drift
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"model training is the primary mechanism through which Anthropic can influence the behavior of models used by the Department."
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In San Francisco that evidence was unrebutted and dispositive: no back door, no kill switch, no sabotage, no adversary.
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In Washington the same sentences established that Anthropic deliberately shapes the design and operation of the product so that it refuses two categories of tasks.
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Under § 4713 that is "not only a 'risk' but a certainty" of manipulation, and the definition "turns on what Anthropic does, not why Anthropic does it."
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The Department's memo said only that an Anthropic executive "questioned the propriety" of a contractor's use of Claude "for a sensitive military operation abroad."
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Anthropic, presumably to show how trivial the episode was, put press reports in the record identifying it as the January 3 operation in Venezuela.
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The panel's response: the possibility that this happened during a "kinetic operation to capture a foreign head of state" only "underscores the fraught nature" of the dispute and the Department's need to know its systems will work.
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The Department declared that models with five to ten trillion parameters make "rigorous analysis or auditing" of outputs "mathematically impossible."
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Anthropic, rather than fight the science, conceded "some legitimacy to DoW's concern about the opacity of these systems generally."
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The court took the concession and closed the door on the testing argument: testing is no panacea, refusals vary with wording, and the Department "cannot utilize AI systems that remain trapped in amber."
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FASCSA requires notice and an opportunity to respond before exclusion, absent urgency.
FASCSA requires notice and an opportunity to respond before exclusion, absent urgency.
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Anthropic filed a full rescission request on April 17 and lost on June 3.
Anthropic got neither, then filed a full rescission request on April 17 and lost on June 3.
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The court cited reported investment offers above $900 billion and said "one may fairly question whether Anthropic has suffered any such harm," adding that Anthropic never explained why a termination for the same stated reasons would carry less stigma.
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Anthropic won the statute it wrote the record for.
Anthropic won the statute it wrote the record for.
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Opinion, Lin's August order and the directive in the first comment.
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