“The Department of War may use the AI System for all lawful purposes, consistent with applicable law, operational requirements, and well-established safety and oversight protocols.”
So DoW did get the “all lawful purposes” language they were after, with reference to existing (inadequate, in my view) regulations around autonomous weapons and mass surveillance.
This is the same company that started as a nonprofit dedicated to open AI safety research, then became a capped-profit entity, then effectively closed-source, then dropped the cap, and is now pursuing full for-profit conversion. Every single guardrail they've set for themselves has been quietly revised or removed once it became inconvenient. Anyone want to bet on how long those exclusions last?
"What if the government just changes the law or existing DoW policies?"
Our contract explicitly references the surveillance and autonomous weapons laws and policies as they exist today, so that even if those laws or policies change in the future, use of our systems must still remain aligned with the current standards reflected in the agreement.
So, this apply only if they changes the law, not if they break the law.
"What happens if the government violates the terms of the contract?"
As with any contract, we could terminate it if the counterparty violates the terms. We don’t expect that to happen.
Not great? Seems kind of loose language? It isn't OpenAI saying no autonomous weapons use, but only that use must be consistent with laws, regulations, and department policies: "The Department of War may use the AI System for all lawful purposes, consistent with applicable law, operational requirements, and well-established safety and oversight protocols. The AI System will not be used to independently direct autonomous weapons in any case where law, regulation, or Department policy requires human control, nor will it be used to assume other high-stakes decisions that require approval by a human decisionmaker under the same authorities."
More of the same here. Not a wonder why the DoD signed with OpenAI and instead of Anthropic. Delegating morality to the law when you know the law is not adequate seems like "not a good thing".
"For intelligence activities, any handling of private information will comply with the Fourth Amendment, the National Security Act of 1947 and the Foreign Intelligence and Surveillance Act of 1978, Executive Order 12333, and applicable DoD directives requiring a defined foreign intelligence purpose. The AI System shall not be used for unconstrained monitoring of U.S. persons’ private information as consistent with these authorities. The system shall also not be used for domestic law-enforcement activities except as permitted by the Posse Comitatus Act and other applicable law."
OpenAI basically bribed the government into attacking Anthropic, via political donations to the MAGA PAC. They couldn’t not compete with an inferior product so Altman and Brockman went this route.
> The Department of War may use the AI System for all lawful purposes, consistent with applicable law, operational requirements, and well-established safety and oversight protocols. The AI System will not be used to independently direct autonomous weapons in any case where law, regulation, or Department policy requires human control, nor will it be used to assume other high-stakes decisions that require approval by a human decisionmaker under the same authorities. Per DoD Directive 3000.09 (dtd 25 January 2023), any use of AI in autonomous and semi-autonomous systems must undergo rigorous verification, validation, and testing to ensure they perform as intended in realistic environments before deployment.
The emphasized language is the delta between what OpenAI agreed and what Anthropic wanted.
OpenAI acceded to demands that the US Government can do whatever it wants that is legal. Anthropic wanted to impose its own morals into the use of its products.
I personally can agree with both, and I do believe that the Administration's behavior towards Anthropic was abhorrant, bad-faith and ultimately damaging to US interests.
The language allows for the DoD to use the model for anything that they deem legal. Read it carefully.
It begins “The Department of War may use the AI System for all lawful purposes…” and at no point does it limit that. Rather, it describes what the DOW considers lawful today, and allows them to change the regulations.
As Dario said, it’s weasel legal language, and this administration is the master of taking liberties with legalese, like killing civilians on boats, sending troops to cities, seizing state ballots, deporting immigrants for speech, etc etc etc.
Sam Altman is either a fool, or he thinks the rest of us are.
> OpenAI acceded to demands that the US Government can do whatever it wants that it claims is legal.
FTFY. The administration threw a fit and tried to retroactively demote a retired military officer for making a video saying, "Troops, you should disobey unlawful orders". Over 4000 times has been told, "No, that's not what the law regarding detaining undocumented aliens means", and continues doing it. Their first response to the Supreme Court saying, "the President can't impose tarriffs" was "The Hell I can't!".
It's 100% clear that Trump thinks "what the law allows" and "what I want to do" are the same thing.
Rule of law requires that the majority of people in the system are committed to the rule of law, and refuse to go along with violations of it. Anthropic is being a good citizen here; OpenAI is not.
Does OpenAI enforce those red lines in all contracts?
From what I can tell the Anthropic issue was triggered by something Palantir was doing as a contractor for DoW, not anything related to direct contracts between DoW and Anthropic, and DoW was annoyed that Anthropic interfered with what Palantir was up to.
In other words will OpenAI enforce these "red lines" against use by a third-party government contractor?
If not, this seems pretty meaningless if they are essentially playing PR while hiding behind Palantir.
I don't really have anything against OpenAI's stance here. If that's how they want it to be, they have that choice.
But Sam pretending that he wanted the same restrictions as Anthropic *and* seeing how quickly they swooped in and made a deal with the DoD really skeeves me out. (But Sam always gave me the heebie jeebies).
Anyway, I've always preferred Claude, so I'm going to happily stay a paying customer there. This may end up being a big "branding" differentiator.
The agreement puts no restrictions on the government beyond “all lawful purposes,” which is what Anthropic objected to.
> “ The Department of War may use the AI System for all lawful purposes… [proceeds to describe current law, with clear openings if the law changes]”
Thus, OAI is relying on the Trump administration’s interpretation of current law. Which, I will remind readers, suggests that it is legal to kill civilians on boats, kidnap foreign leaders, deploy troops in American cities, shoot American citizens protesting ICE.
It's not much but I was planning to cancel my Anthropic subscription to try Codex over the weekend, but I'll skip that. I don't want to support a company with someone like this at the top. Massive donations to the administration, sneaky backdoor deals. No thanks, fuck you.
> Why could you reach a deal when Anthropic could not? Did you sign the deal they wouldn’t?
Based on what we know, we believe our contract provides better guarantees and more responsible safeguards than earlier agreements, including Anthropic’s original contract.
Weak. You reached a deal that Anthropic could not because you demanded more safeguards than Anthropic?? (Based on what you know, of course).
If I hadn’t already canceled my account over them including ads in a paid service, I’d certainly be canceling over this. Anthropic is lucky they have some spine, otherwise they’d have been binned as well.
98 comments
[ 3.1 ms ] story [ 67.7 ms ] threadSo DoW did get the “all lawful purposes” language they were after, with reference to existing (inadequate, in my view) regulations around autonomous weapons and mass surveillance.
Our contract explicitly references the surveillance and autonomous weapons laws and policies as they exist today, so that even if those laws or policies change in the future, use of our systems must still remain aligned with the current standards reflected in the agreement.
So, this apply only if they changes the law, not if they break the law.
"What happens if the government violates the terms of the contract?"
As with any contract, we could terminate it if the counterparty violates the terms. We don’t expect that to happen.
WE COULD [...]. Yeah, I believe
More of the same here. Not a wonder why the DoD signed with OpenAI and instead of Anthropic. Delegating morality to the law when you know the law is not adequate seems like "not a good thing".
"For intelligence activities, any handling of private information will comply with the Fourth Amendment, the National Security Act of 1947 and the Foreign Intelligence and Surveillance Act of 1978, Executive Order 12333, and applicable DoD directives requiring a defined foreign intelligence purpose. The AI System shall not be used for unconstrained monitoring of U.S. persons’ private information as consistent with these authorities. The system shall also not be used for domestic law-enforcement activities except as permitted by the Posse Comitatus Act and other applicable law."
As for OpenAI’s defense - not buying it.
“OpenAI’s President Gave Millions to Trump. He Says It’s for Humanity”: https://www.wired.com/story/openai-president-greg-brockman-p...
The emphasized language is the delta between what OpenAI agreed and what Anthropic wanted.
OpenAI acceded to demands that the US Government can do whatever it wants that is legal. Anthropic wanted to impose its own morals into the use of its products.
I personally can agree with both, and I do believe that the Administration's behavior towards Anthropic was abhorrant, bad-faith and ultimately damaging to US interests.
It begins “The Department of War may use the AI System for all lawful purposes…” and at no point does it limit that. Rather, it describes what the DOW considers lawful today, and allows them to change the regulations.
As Dario said, it’s weasel legal language, and this administration is the master of taking liberties with legalese, like killing civilians on boats, sending troops to cities, seizing state ballots, deporting immigrants for speech, etc etc etc.
Sam Altman is either a fool, or he thinks the rest of us are.
FTFY. The administration threw a fit and tried to retroactively demote a retired military officer for making a video saying, "Troops, you should disobey unlawful orders". Over 4000 times has been told, "No, that's not what the law regarding detaining undocumented aliens means", and continues doing it. Their first response to the Supreme Court saying, "the President can't impose tarriffs" was "The Hell I can't!".
It's 100% clear that Trump thinks "what the law allows" and "what I want to do" are the same thing.
Rule of law requires that the majority of people in the system are committed to the rule of law, and refuse to go along with violations of it. Anthropic is being a good citizen here; OpenAI is not.
This is weak.
From what I can tell the Anthropic issue was triggered by something Palantir was doing as a contractor for DoW, not anything related to direct contracts between DoW and Anthropic, and DoW was annoyed that Anthropic interfered with what Palantir was up to.
In other words will OpenAI enforce these "red lines" against use by a third-party government contractor?
If not, this seems pretty meaningless if they are essentially playing PR while hiding behind Palantir.
> We want AI to be aligned with all of humanity.
One of many contradictions. Liars.
But Sam pretending that he wanted the same restrictions as Anthropic *and* seeing how quickly they swooped in and made a deal with the DoD really skeeves me out. (But Sam always gave me the heebie jeebies).
Anyway, I've always preferred Claude, so I'm going to happily stay a paying customer there. This may end up being a big "branding" differentiator.
> “ The Department of War may use the AI System for all lawful purposes… [proceeds to describe current law, with clear openings if the law changes]”
Thus, OAI is relying on the Trump administration’s interpretation of current law. Which, I will remind readers, suggests that it is legal to kill civilians on boats, kidnap foreign leaders, deploy troops in American cities, shoot American citizens protesting ICE.
Yeah I’ve cancelled my OAI sub.
Weak. You reached a deal that Anthropic could not because you demanded more safeguards than Anthropic?? (Based on what you know, of course).
Makes total sense!