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Here's the transcription of the reasoning:

  > Hangzhou DeepSeek Artificial Intelligence Basic Technology Research Co., Ltd. (hereinafter DeepSeek), a foreign, privately-owned company, located in the People’s Republic of China (PRC) provides multiple artificial intelligence applications available widely and free of charge. DeepSeek’s models present multiple threat vectors. DeepSeek servers are located in the PRC, and the PRC legal system permits extensive authority to government cyber and intelligence functions to access private company infrastructure. For DeepSeek-hosted instances of their models, DeepSeek’s account generation process collects personally identifiable information (PII) and may also track and digitally fingerprint users. DeepSeek’s most widely used applications function through a prompt-and-response process that requires presenting information to the model, and which may result in the transfer of sensitive data to the PRC if used by U.S. government employees or vendors. The transfer of the aforementioned information to the PRC, either independently or in combination with publicly available data, could produce actionable intelligence on U.S. persons and/or government programs. The models themselves may contain malware or other security vulnerabilities. Indeed, open-source security research has found that the DeepSeek iOS mobile application contains multiple critical vulnerabilities.
They are also banning local inference: "The models themselves may contain malware or other security vulnerabilities."

It doesn't seem that they have found the models to be actively poisoned, though.

They are not banning local inference. The USG has several fedramp dc's where they run local weights of several proprietary models. You guys are getting ridiculous
Again, this would be local inference via DeepSeek. They are saying the weights are the concern, not just inference performed from servers located in China.
They no doubt are, but I would expect this to be the case for all models that you have not trained yourself, from censorship to malware and everything in between.
Replace every instance of "PRC" with "U.S.", DeepSeek with OpenAI/Anthropic, and replace "U.S." with any other nation, and maybe remove the last sentence. How does it sound now? Both nations may as well just say it - "we're banning it because they're our closest competitor".
The difference is that local US companies have agency to refuse government overreach while Chinese companies are weaker in this regard. Chinese companies are more vulnerable to its govts pressure.
> The difference is that local US companies have agency to refuse government overreach

We're on HN, not The Onion's comment section. People will take this seriously rather than sarcasm.

It was sarcasm, right?

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A case 20 years ago? Oh boy. Next you'll be bringing up Apple and the FBI.

Look, in 2026, US big tech companies - and _especially_ frontier LLM companies, which are the topic here - clearly do not have agency to refuse government overreach. The US regime broke their contract with Anthropic, in turn Anthropic rightly raised this as an issue, what happened next? They were threatened to be killed as a company if they didn't play ball.

Let alone the dozens of millions every corp is donating to the dear leader's golden ballroom, giving golden statues, making movies about his wife and so forth. North Korea has nothing on the US any more.

Also google "Qwest NSA refusal". Around the same time as the Google subpoena you brought up. Grat example of just how much agency US companies have to refuse overreach.

National Security Letters.

Or, worst comes to worst, as Snowden has revealed, the NSA will just clandestinely hack American companies, as they did to Google when they rolled out TLS for search.

As it has been proven multiple times with the current US administration, no, US companies do not have the agency to refuse government overreach, they can just purchase favours (which I highly doubt is different from PRC and its government).
If I were China, I would ban US models from being used by my government for the same reasons.
They are already banned from Chinese Govt Ministry use, ChatGPT is banned, and US model providers try to block mainland China IP origins. However they are still heavily used by industry, and some would say that is part of wide spread distillation efforts. I doubt there are many queries from China that are not logged by one or more LLM routers.

https://www.theguardian.com/technology/2023/feb/23/china-cha...

https://www.globaltimes.cn/page/202607/1365448.shtml

https://netaskari.substack.com/p/chinese-llm-model-routing

https://www.scmp.com/tech/tech-trends/article/3353002/shadow...

>How does it sound now?

It sounds logical and sound? As a US citizen, I (a) agree that we shouldn't be allowing government employees to use AI services from adversary foreign governments and (b) that other countries shouldn't be allowing their government employees to use AI services from adversary foreign governments (which the US should be considered for plenty of countries).

>Both nations may as well just say it - "we're banning it because they're our closest competitor".

I guess we're just ignoring the national security implications lol

Deepseek V4.1 Flash 1017 is out of this world good ... and cheap ... that's why.
That's not why.

We've entered a pretty adversarial era, and we know there are unexpected attack vectors available in frontier models. Just because you an inspect the weights doesn't mean you can derive the behavior.

I suspect the CCP would ban US models if they didn't need to distill them to make their own.

> I suspect the CCP would ban US models if they didn't need to distill them to make their own.

I'm pretty sure they do, at least officially. But obviously the distillation and API proxies used by Chinese uses are unofficially tolerated and even exploited.

If that's truly your concern you should ban like 90% of anything containing any kind of electronic device because they're all either made in or transit via China at some point
I'm sorry, but that's silly. It's way easier to determine compliance for hardware than it is for a model, at least with current tech.

The US and Europe DO ban China-manufactured hardware that is detected to do illegal things, though.

who is we? are you working for the government? this fucking obsession you people having with 'fighting the adversary' is ridiculous
To stay at the top you need to keep fighting. Lots of US americans believe that even if they are not benefiting anymore from being the richest country in the world.
My reading of the comment was that the "we" who have entered an adversarial world means the entire world, and the "we" who know models can be backdoored means people who have been paying attention to published research on the topic. An adversarial world doesn't care how much you individually are interested in conflict, except to the extent that you might be an easy mark.
"We" is everyone. If you've been paying attention, geopolitical cooperation is trending down, and competition is trending up.

We, meaning people who are informed to some reasonable minimum about this technology, are also aware that you can't just glance at some weights and be like "yep, looks safe". Nobody can claim to do that yet.

> That's not why.

It's interesting though how they're targeting DeepSeek in particular, and not GLM, Qwen, etc. Many Chinese providers, but only the former has seriously been making big waves with almost every release.

If the CCP was so advanced that they can implement these attacks in models released as .safetensors, I would assume that the government can pay multiple western frontier labs can show how and where this is done and publish it for anyone to reproduce in a sandbox.

In reality, the attack is much simpler: flood the market with genuine competition so that neutral parties (and their own corporations and that of their allies and potential allies) never have to be enslaved by the US corporations and hence they cannot be forced to join the US in sanctioning China.

This is much less risky as a strategy (imagine how bad getting caught doing the other thing would be) and works way better.

The models may well contain malware or security vulnerabilities. But they are at least open to inspection because the weights are available, the same can not be said about US providers of inference such as OpenAI and Anthropic.
It's also odd for them to single out DeepSeek in particular, and not just any model from the PRC?
I don't know if inspection would be practical. How do you inspect the weights for an intentionally hidden trigger that writes malware?
I don't have the answer to that, my simple solution to this problem is not to trust anything a model ever writes and so far that strategy has worked very well.
Why write that comment in the first place when you know that inspection of model weights is not a thing though?
Inspection of model weights is a thing. But that thing is out of my wheelhouse so I do the next best which is to judge the output.
It is absolutely not a thing in any practical sense that relates to detecting post-trained backdoors, no.

Or provide a source showing how to do this (and not just a circuit paper showing which activations light up with the word dog)

> It is absolutely not a thing in any practical sense that relates to detecting post-trained backdoors, no.

> Or provide a source showing how to do this (and not just a circuit paper showing which activations light up with the word dog)

The fact that you're not informed does not place a burden on me.

https://www.crowdstrike.com/en-us/blog/crowdstrike-researche...

This is all just a sub-class of supply chain attacks.

You don't have to be able to explain every aspect of a model to be able to inspect for undesirable traits.

Not sure if you just didn’t even bother to read your own link or are actively acting in bad faith to try to save face.

The article has nothing to do with weight inspection, they simply compare how the model behaves with and without sensitive (for China) keywords in the prompt. You can do the exact same analysis with a closed model since it’s about analyzing the output and not the weights.

You can't because there the model could be switched out from under you and with open weight models that's not the case so the degree to which you can inspect the model is much higher.
You don't. You handle it the same way you handle security holes which every LLM (including "safe" American ones) will put in your software sooner or later -- by understanding and reviewing the output.
Glad someone is pointing this out here on this community. I keep reading about people "solving" the problem of LLMs outputting too much code that's hard to review by not doing human review at all!
You can do that for non-critical code. But code has a habit of being repurposed and sooner or later your non-critical original is used in a very critical application.
They're about as indictable as binary blobs found in your BSPs or the 3rd party drivers you get through Windows Update
Still better than a Windows SaaS edition
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Ridiculous statement.

Best greetings from my Oppo Find N6

- Sent from my device containing a bunch of closed source products from a Chinese company
Look around you.

You'll have a hard time finding electronic devices not made in China. And all of them have software which is harder to monitor and debug than LLMs.

So I don't think distrust for Chinese LLMs will hold.

I think Chinese models deserve the same level of trust as US models: none.
Not only open to inspection, you can also post train it to get exactly what you need from it, both in terms of capabilities and alignment.
Model weights being open to inspection means absolutely nothing. What are you going to inspect in a bunch of numbers?
how can an open source model be banned ?
Open weight.
I'd say that's not a very meaningful distinction to make.
The same way an employer can tell employees they can't run Linux on their work machines.
How bad would it be if China banned anthropic and openAI?
Anthropic does not allow using their models in China.

Also China bans US technology all the time. Remember the Great Firewall of China? Or when Xi told Trump, “no thanks” to buying NVidia cards

"China bans US technology all the time" this is simply not true

Chinese people buy iphone, buy tesla, use Windows, travel with USA made airplane etc

Do you see how this does not disprove the claim that “China bans US technology all the time”?
CCP is shit and bans tons of stuff, but this is not how it happened:

> Or when Xi told Trump, “no thanks” to buying NVidia cards

US banned sales of high-end compute tech to China for years. Now when they actually catching up on production of their own SSDs, DRAM and compute silicon they no longer need US offers.

And so it begins. Regulatory Capture Stage Complete!
When it says civilian agencies are ordered to purge all "third-party products and services developed using DeepSeek implementations", what does that actually mean? Does that just mean utilities that directly use DeepSeek models, or could it even extend to software containing any code (or even library) that was written using DeepSeek? Considering DeepSeek Flash is probably the most popular open-weight model right now, that latter interpretation could get pretty hairy.
that sounds like a directive that was written to be vague enough to scare any government contractor away from using deepseek for anything ever.
Hypothetically, if all companies just refused to ever develop anything for the government, what would the government do?
Probably hire people to do it themselves. They are the government, after all.
Pay someone else to develop. Usually someone shows up because people need to make a living.
Invoke Defense Procurement and jail a bunch of CEOs so others fall in line?
See Tennessee executions
What happens if Linux includes Deepseek code now? All dependencies are poisonous?
Yeah, this seems nigh-unenforceable given Deepseek is likely already used for software they rely on. Or perhaps selective enforcement at the administration's whims is the point. Par for the course.
Though I think we gotta take models seriously and have safeguards around them, this is not about national security. This about frontier labs freaking out after all that DeepSeek and other non US labs are pulling off lately.

I work for a bank, and local models are banned. I have been waiting for Opus 5.5 to be enabled, and it’s still being evaluated. Things take their time, models are evaluated, and risk assessed. There is nothing new here. And I am pretty much certain such practices have been in place in critical US agencies since a while.

A blanket ban is nothing more than a desperate attempt to delay the inevitable.

The order is limited to DeepSeek as a corporate entity and "implementations" means third party software that purchases and uses products directly from DeepSeek.

> For purposes of this Order, an individual or business is an "affiliated entity" or "affiliate" of DeepSeek AG if, directly or indirectly, either one controls or can control the other; or a third party controls or can control both.

This does not apply to open model weights, which are not a product or service, and does not apply to independent hosts of model weights if they have no affiliation with DeepSeek as defined.

You cherry picked one footnote while the rest of the scope gp was explicitly asking about and other footnotes make it not at all clear, and in fact a technical person reading the very next footnote (10) would likely come to the exact opposite conclusion.

> This Exclusion and Removal Order direct Federal civilian agencies⁸ to: (1) *exclude* DeepSeek, DeepSeek-affiliated entities⁹, and their products from civilian agency procurements,¹⁰ and (2) *remove* products provided by DeepSeek and DeepSeek entities, and third-party products and services developed using DeepSeek implementations, from civilian agency information technology systems.¹¹

> ⁹ For purposes of this Order, an individual or business is an "affiliated entity" or "affiliate" of DeepSeek AG if, directly or indirectly, either one controls or can control the other; or a third party controls or can control both. See 48 C.F.R. § 2.101 (definition of "affiliates").

> ¹⁰ To include third party implementations of DeepSeek used to provide products and services civilian agencies.

> ¹¹ Pursuant to 41 U.S.C. § 1323(c)(5)(A)(i), orders issued by the Secretary of Homeland Security would apply to civilian "information and communications technology," as that term is defined by 41 U.S.C. § 1321(5).

> "implementations" means third party software that purchases and uses products directly from DeepSeek.

That's not obvious to me, and quoting a part of the order about affiliated entities doesn't explain it. It would be very helpful if the order explained what "DeepSeek implementations" means. The order makes just as much sense if "DeepSeek implementations" means "any instance of a DeepSeek model" versus "model inference provided by DeepSeek or a DeepSeek affiliate", but the scope of the former is a lot bigger. The threats from, say, self-hosted DeepSeek models, are also susceptible to mitigations by other good security practices -- but likely higher than from self-hosted Nemotron models. (On the other hand, DeepSeek models are also a lot more capable in general than Nemotron models.)

The legal language is important here. In this context "DeepSeek" is referring back to the corporate entity "Hangzhou DeepSeek Artificial Intelligence Co., Ltd (DeepSeek)" and from a legal document interpretation perspective this is not disputable at all. So an "implementation" of DeepSeek must mean a third party product that uses a DeepSeek product.

If you read the justifications for the order, there are zero mentions of open weights data or associated risks, and everything focuses on the use of DeepSeek commercial products with regards to their being hosted in China. The only mention that maybe could apply is "The models themselves may contain malware or other security vulnerabilities." but this is followed with another reference to a DeepSeek commercial product: "Indeed, open-source security research has found that the DeepSeek iOS mobile application contains multiple critical vulnerabilities."

The findings that form the basis of the order make no claims or references to open weights data at all, and plainly focus entirely on DeepSeek commercial products, so any attempt to apply the order to open weights data used by non-DeepSeek affiliated inference providers has not basis at all.

Yes, the legal language is important. That's why it would have helped a lot if the order either defined "DeepSeek implementations" or said "DeepSeek products or services" in place of "DeepSeek implementations". The order uses different terms, and different terms normally have different meanings.
It is absolutely clear and unambiguous. "DeekSeek" can only mean the corporate entity "Hangzhou DeepSeek Artificial Intelligence Co., Ltd (DeepSeek)" and so there is no doubt at all about what an "implementation" means in this context.

An implementation must be a third party product that is using a product provided by the DeepSeek corporate entity.

Even if you are a lawyer or someone who studied law, you’re still not a judge and it really isn’t clear how things will land in an actual court of law.

I don’t think there’s any direct precedent here, so maybe lawyers would need to get creative and find other references from past cases that might somewhat apply and try to convince the judge.

this is really basic stuff. it isn't even legal rules it is the rules of grammar. there is no ambiguity at all. "DeepSeek" in this context can only mean one thing, and anyone arguing differently is basically arguing that 2+2=3. it is either ignorance or FUD.
So you are offering your grammar expertise to us, not any meaningful commentary on the law or legal aspects of the document? That’s a helpful distinction to make. I read it to include open weight models produced by the company you cite, and derivative products.
due to its popularity with self hosting by both individuals and companies, the deepseek model, its weights, can easily represent the whole of deepseek.

so if they say dont use deepseek, it means dont use the company & dont use the model. it is the only reasonable way to read this. you are looking for doorways where there arent any reasonable ones.

The link between grammar and law is... Interesting. Think about all the arguments over what exactly the second amendment means.
Would this include American models that where distilled from them? I'm thinking of the Anthropic models which respond as Deepseek when prompted in Chinese. More good news for OpenAI, I guess.
That’s not how it works. The training material in Chinese is more likely to mention DeepSeek. LLMs are not aware what model they are.
That's exactly how it works.

Anthropic says that if a model says they are an Anthropic model, that's it, it's distilled from Anthropic. They even use that as a "proof" DeepSeek is distilling their models.

Or do you want to say the Anthropic PR department is a bunch of liars and scammers?

> Or do you want to say the Anthropic PR department is a bunch of liars and scammers?

...yes? :D

I think people have been distilling their models... and I also think they're (Anthropic) liars and scammers... and I also think distilling (scraping) a model that was trained on scraped data is just fair turn.
I agree with you, but you also missed the fact that Anthropic is also distilling other models. They would be a bunch of idiots if they didn't do so. Especially chinese open weight models are easy to self host and distill, without having to tell anyone.
Of course the model doesn't know what model it is, hence Claude pretending to be deepseek. But whether they got that training content by proxy from the Chinese internet, or distilled directly from the model would not seem to matter for this law.
Do people distil open weights models? Why?
Yes, to make training data for other models. You can distill to get better at something the source model is good at, perhaps it has more training data in a language that you want to support better. Also large open weight models are a great source of training data for smaller models.
That's effectively banning all open source, since at this point it's hard to find an open source project that doesn't have at least a few lines of code produced using it :)
Doesn't sound like the liability lies with the library maintainers, sounds up to the government agency to do their due diligence, but also sounds unenforceable as well
My interpretation was software vibecoded with DeepSeek models. Primarily through some aggregating harness like OpenCode or Pi
> what does that actually mean?

It means whatever they decide to enforce. The idea that the current administration considers itself constrained by the letter of any specific law or regulation (even its own) should be cold dead by now. But people still insist on treating with specifics out of habit I guess.

As others here are pointing out (somewhat obliquely, frustratingly), the Occam's explanation for this particular action is just that it's a solicitation for a bribe.

Why specifically DeepSeek, when there's a whole cohort of Chinese open weights models? GLM, Qwen, Kimi, Minimax, etc.
They'll go after those too. Give it a minute.
Hmm, time to plop qwen somewhere safe before banhammer strikes.
Testing waters, i think
DeepSeek is just the one with name recognition from the critters in congress. Remember when Nvidia stock had it's so-called "deepseek moment"? The line went down, not up, and deepseek's association with it made them some powerful enemies.

Nobody in congress knows what a "Minimax" is, so they're safe from discrimination, for now.

This was an action by DHS, not congress.
People in government talk to each other. Congress are the ones with power. DHS was created by an act of Congress, and continues to exist at the pleasure of Congress.
It's perfectly fine and accurate to say scoping the action here to DeepSeek reflects poor knowledge from DHS and the administration. DHS has broad supply chain authorities granted to it by Congress in 2018, and those authorities are what empowers this decision, but the specifics of the policy are downstream from the administration, not Congress. This administration doesn't care at all about what Congress thinks.
It is THE competitor right now when it comes to price and intelligence. Also, just banning it plants fear in other sponsors and investors. When they do it like this, they can pretend that this is not a part of regulatory capture but it is an actual security concern because "this one in particular is dangerous" and "we'll tell you when others become dangerous" which will happen when they become a competition.
The others aren't risks to incoming IPO's, yet ;)
Same reason they attacked Huawei, Tiktok, DJI, BYD... they became too well-known.

What the western elites fear above all else is Chinese brands getting recognizable and popular.

I'm shocked Bambu Lab hasn't gotten the same treatment.
The timing of this is unsurprising, with Anthropic’s Q3 revenues flattening out and the IPO in jeopardy. I expect more efforts to prop up the money-furnace labs in the coming days.
This appears to ban deepseek first party usage, not the model itself. It specifically mentions the iOS app as well.
Yeah I think this is overblown

Given what we've seen about the "aligned" models accidentally hacking recently it seems good to at least be cautious

The system acknowledges even the slightest bit that the current course attacks the systems currency which is reward for loyalty aka shareholdertrust of the gentry. At the same time its pushing forth is a admittance that it has no control over the process happening, but finds expected outcome without so catastrophic that rolling that russian roulett dice is preferable. The whole mountainside of western civilization is in motion, but the rules still apply in this cabin, so "get the snow from your ski-boots at the door" kind of law.
Please open source your Markov chain.
Great advertisement for deepseek and a clear signal open models are winning.
Really interesting to notice a steadily increasing proliferation of anti-open weights and anti-non-US model rhetoric in the HN comments. Yesterday I saw a comment on another thread claiming a FOSS agentic SWE provider "shill cheap and shitty models", the kind of thing I'd expect from an Anthropic/OpenAI astroturfing campaign or a person with some kind of crippling substance abuse issues doing severe and ongoing brain damage - not really clear which it is but I can't readily imagine a more reasonable third alternative.
Deepseek does not offer zero data retention. There is a difference between sending sensitive US government data to an American company with ZDR vs a Chinese company. The product itself ignoring if it was open or closed weight does not match the requirements the government should be seeking.
> Deepseek does not offer zero data retention.

I don't believe the ones which say they do. AI companies illegally pirated the entirety of human knowledge, have close ties to the government and people believe they will respect contracts?

Some AI companies are just more honest than others up front.

Theres no such thing as ZDR unless you self-host. The companies that claim to offer it have histories that would suggest otherwise and are currently so big and powerful that the government won't do anything to them even if it comes out that they completely lied about it.
I can't help but point out that these companies have a documented history of violating basically every ToS on the internet, as well as enough spare compute to burn 300B tokens on a hunch about Navier-Stokes. Given they have a clear financial incentive to lock in a majority of the US economy into perpetual API subscriptions, why wouldn't they use their means to reinforce the hegemony?
I was planning to switch from Gemini to Deepseek and this news confirms I'm on the right track. Thank you, US government!
This is the American way. More often after WW2. The country routinely goes to wars to impose and enforce its businesses. They have been known to do this in the name of democracy, the culture, and quite often in the name of freedom. This time it's safety; and no, it's not a war, not yet anyway – that's why this ban is nothing in comparison. Had it not been China, I'd not put any of those off the table for the land of the free.
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Means Open router and similar services, are banned now?
What is the status of OpenRouter and other similar services? Are they also banned?
OpenRouter could enable/disable models/provider based on user. They could allow users to "self-regulate", if you are working on a government project disable access to deepseek (model or API). Not sure if that would be enough since no one can vouch for open source libraries. How do you know no one submitted PR to some 3 levels deep transient dependency package using deepseek? Only way to be somewhat sure is to ban open source. To me this looks like attempts to ban VPNs.
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Newt got rid of the technology office that advised congress in the 90's. The internet is just a series of tubes to these guys in their 80's.
When you can’t compete on price you ask your pedo Uncle Sam to help your businesses …

Deepseek models are awesome. I use them all the time and they keep getting better.