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U.S. appeals court upholds designation of Anthropic as supply chain risk

499 points · 900 comments · cramer4next

  1. ApolloFortyNine · · focus · HN ↗
    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.

    1. sippingabonedry · · focus · HN ↗
      > 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.

      1. cmdli · · focus · HN ↗
        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.
        1. rdsubhas · · focus · HN ↗
          The DoD buys from suppliers, who buy from suppliers, and so on. Hence supply chain. Hence supply chain risk.
          1. sippingabonedry · · focus · HN ↗
            You would think that's a surprisingly easy concept to grasp, but many are viewing this through the lens of desired outcome and not reality.
            1. kalkin · · focus · HN ↗
              Why has this never previously been done to an American company from which the DoD decided not to purchase something?

              Perhaps people who are noticing politics here - including in the decision of two Trump-appointed judges, against the he vote of another Republican-appointed judge- are not the ones who are choosing not to see reality?

              1. ksec · · focus · HN ↗
                I don't know, I am just guessing because not a single American company has publicly stated they are against its product use up to a certain degree by DoD? If they have not publicly declared it then yes, DoD simply don't sign the contract.
                1. kalkin · · focus · HN ↗
                  So your argument is that the government is punishing Anthropic for its public statements? And it is correct to do so?

                  (I think it's also the case that Anthropic didn't make any public statements about the negotiations until after the DoD was already publicly threatening this designation. But that seems less important than the question of: is it good for the US government to try to destroy companies whose public statements it dislikes?)

                  1. kalkin · · focus · HN ↗
                    Honestly I would find a certain satisfaction in a world where the next Democratic administration takes away Fox broadcast licenses, forbids use of Oracle by any government contractor unless Ellison hands CBS over to Rachel Maddow, and tells Bezos that Amazon is going to be banned from public roads unless the Washington Post front page has positive stories every day. But I doubt the same is true for the many pro-Trump people who complained vociferously about Biden officials expressing preferences to social media companies because of the merely implicit threat that they might take government action of some kind if they weren't listened to.
              2. rayiner · · focus · HN ↗
                President Truman literally seized the assets of a steel company to avert a strike that would hurt the Korean War effort. The Supreme Court stopped him, but three Justices voted it was okay!

                We also have the Defense Production Act: <a href="https:&#x2F;&#x2F;www.congress.gov&#x2F;crs-product&#x2F;R43767" rel="nofollow">https:&#x2F;&#x2F;www.congress.gov&#x2F;crs-product&#x2F;R43767. It doesn’t happen more often because most people aren’t stupid enough to say “no” to the U.S. military. These Effective Altruists, however, are too big for their britches.

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