> 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.
My reading of this is that OpenAI's contract with the Pentagon only prohibits mass surveillance of US citizens to the extent that that surveillance is already prohibited by law. For example, I believe this implies that the DoW can procure data on US citizens en masse from private companies - including, e.g., granular location and financial transaction data - and apply OpenAI's tools to that data to surveil and otherwise target US citizens at scale. As I understand it, this was not the case with Anthropic's contract.
If I'm right, this is abhorrent. However, I've already jumped to a lot of incorrect conclusions in the last few days, so I'm doing my best to withhold judgment for now, and holding out hope for a plausible competing explanation.
(Disclosure, I'm a former OpenAI employee and current shareholder.)
Open ai, the former non-profit, whose board tried to fire the CEO for being deceptive, which is no longer open at all, isn't exactly about ethics these days.
Even on a personal level: OpenAI has changed it's privacy policy twice to let them gather data on me they weren't before. A lot of steps to disable it each time, tons of dark patterns. And the data checkout just bugs out too, it's a fake feature to hide how much they are using everything you type to them
I wish more people just honestly called out deception and liars like you do.
If we had a simple lookup community maintained system for this, would you use it? What do you think its design would need to be to be used, gain traction and be valuable?
So why would we want them setting policy for the DoD? Laws are enacted through a fundamentally democratic process defined over hundreds of years. Why wouldn’t that be the way to govern use of tools?
Why would we want to trade our constitution for, effectively, “rules Sam Altman came up with”?
This is exactly what it says: the only restrictions are the restrictions that are already in law. This seems like the weasel language Dario was talking about.
Not that this means the big AI corps should relax their values (it truly doesn't), but I would be extremely surprised if the DoD/DoW doesn't have anyone capable of fine tuning an open weights model for this purpose.
And, I mean, if they don't, gpt 5.3 is going to be pretty good help
Given the volume fine tuning a small model is probably the only cost effective way to do it anyway
People often overlook how all the NSA-related activities and government overreach come with a nice memo from officials stating how "lawful" the questionable actions they're taking are.
> For example, I believe this implies that the DoW can procure data on US citizens en masse from private companies - including, e.g., granular location and financial transaction data - and apply OpenAI's tools to that data to surveil and otherwise target US citizens at scale.
Third Party Doctrine makes trouble for us once again.
Eliminate that and MANY nightmare scenarios disappear or become exceptionally more complicated.
This is hilarious. I see their lawyers got together to find the most confusing way they could word it to throw people off and let everybody claim it says whatever's best for their own PR.
"Shall not be used as consistent with these authorities"?
So they shall only be used inconsistently with these authorities? That's the literal reading if you assume there's no typo.
Or did they forget a crucial comma that would imply they shall not use it, to the extent this provision is consistent with their authorities?
Or did they forget the comma but it was supposed to mean that they shall not use it, to the extent that not-doing so would be consistent with their authorities?
You gotta hand it to the lawyers, I'm not sure I could've thought of wording this deliberately confusing if they'd given me a million dollars.
Previously Snowden leaked that the NSA and FBI accessed data directly from major U.S. internet companies. Now we have generative AI that can help identify targets much faster. IMO the government is amoral and interested in getting the best technology available, and integrating it into their systems. So the CEO etc can say one thing, and will do another.
Other nations including Israel and the PRC will also be working with their own implementations respectively because if they are not they know that everyone else is. So this is just basic game theory.
But the kicker is that 5y from now we will be able to run Codex 5.3x or Opus 4.6 on a $5000 mac studio, so nations states will want to immediately implement this kind of technology into their defense apparatus.
thanks for speaking out, and yes, that was my interpretation, as well, which I outlined below. This is nothing more than some sugar coating on "lawful use" despite what OpenAI says and the contractual "safeguards" they tout like the FDEs.
Surely this is the main issue - Doge and others have assembled massive databases of information about all Americans from across the government and now they want to use AI to start making lists.
i.e. Combing through public forums on the internet looking for evidence of thought crime, however, is fair game. The Trump admin will undoubtedly use tools like this to compile a list political enemies or undesirables, which they will then use to harass people or selectively restrict individual rights. They're already doing this and this is just going to make it easier for them.
> to the extent that that surveillance is already prohibited by law.
The problem with government contracts where you say "can't do anything illegal" is that THEY DECIDE WHAT IS LEGAL. We're lucky we live in a system where you can challenge the government but I think either side of the isle you're on you think people are trying to dismantle that feature (we just disagree on who is doing that, right?).
<edit>
THAT'S EXACTLY WHAT DARIO WAS ARGUING and it is exactly why the DOD wanted to get around. They wanted to use Claude for all legal purposes and Anthropic said moral reasons.
Also notice the subtle language in OpenAI's red lines. "No use of OpenAI technology for mass *domestic* surveillance." We've seen how this was abused by the NSA already since normal communication in the Internet often crosses international lines. And what they couldn't get done that way they got around through allies who can spy on American citizens.
</edit>
I think we need to remember that legality != morality. It's our attempt to formalize morality but I think everyone sees how easy it is to skirt[0]
> I believe this implies that the DoW can procure data on US citizens en masse from private companies - including
Call your senators. There's a bill in the senate explicitly about this. Here's the EFF's take [1]. IMO it's far from perfect but an important step. I think we should talk about this more. I have problems with it too, but hey, is anything in here preventing things from continuing to get better? It's too easy to critique and then do nothing. We've been arguing for over a decade, I'd rather take a small step than a step back.
> If I'm right, this is abhorrent.
Let's also not forget WorldCoin[2]. World (blockchain)? World Network?
I have no trust for Altman. His solution to distinguishing humans from bots is mass biometric surveillance. This seems as disconnected as the CEO of Flock or that Ring commercial.
Not to mention all the safety failures. Sora was released allowing real people to be generated? Great marketing. Glad they "fixed it" so quickly...
There's a lot happening now and it's happening fast. I think we need to be careful. We've developed systems to distribute power but it naturally wants to accumulate. Be it government power or email providers. The greater the power, the greater the responsibility. But isn't that why we created distributed power systems in the first place?
Personally I don't want autonomous unquestioning killbots under the control of one or a small number of people. Even if you don't believe the one in control now is not a psychopath (-_-) then you can still agree that it's possible for that type of person to get control. Power corrupts. Things like killing another person should be hard, emotionally. That's a feature, not a flaw. Soldiers questioning orders is a feature, not a flaw. By concentrating power you risk handing that power to those that do not feel. We're making Turnkey Tyranny more dangerous
[0] and law is probably our best attempt to make a formal system out of a natural language but I digress
> 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.
> More succinctly: who decides what is legal here?
Why are people concentrating on legality? Look at the language
| 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.
It's not just "legal". Their usage just needs to be consistent with one of
Operational requirements might just be a free pass to do whatever they want. The well established protocols seems like a distraction from the second condition.
> who decides what is [consistent with operational requirements] here?
The Secretary of Defense. The same person who has directed people to do extrajudicial killings. Killings that would be war crimes even if those people were enemy combatants.
There's also subtle language elsewhere. Notice the word "domestic" shows up between "mass" and "surveillance"? We already have another agency that's exploited that one...
The more relevant question is who is held accountable for the war crimes? OpenAI seem pretty confident it won't be OpenAI.
I can see the logic if we were talking about dumb weapons--the old debate about guns don't kill people, people kill people. Except now we are in fact talking about guns that kill people.
> This is key because it's the textbook example of a war crime. It's also something that the current administration has bragged doing dozens of times.
> More succinctly: who decides what is legal here? OpenAI, the Secretary of Defense, or a judge?
Yeah, there's a pretty strong case that anyone claiming to trust that the administration cares about operating in good faith with respect to the law is either delusional or lying.
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.
This is an objective standard as a matter of contract interpretation. If it was the government’s right to determine the lawfulness of a usage, it would say so. Perhaps it does elsewhere in the agreement, but that’s not the case here.
The word "legal" is doing all of the heavy lifting. Considering the countless adjudicated illegal things that the government is doing publicly. What happens behind classified closed doors?
I guess you can consider it a moral stance that if the government constantly does illegal things you wouldn't trust them to follow the law.
I know that's not what Anthropic said but that's the gist I'm getting.
That depends on whether you view the cited authorities as already prohibiting that usage. I don't have an opinion on that, but some folks on both sides of the isle might have strong arguments that they do.
No, this very devious and insidious. What the executive branch believes is legal is the real agreement here. Trump can say anything is legal and that's that. There is no judicial overview, there are no lawyers defending the rights of those who are being harmed. Trump can tell the pentagon "everyone in minnesota is a potential insurrectionist, do mass surveillance on them under the patriot act and the insurrection act".
Mass surveillance doesn't require a warrant, that's why they want it, that's why it's "mass". warrants mean judicial overview. Anthropic didn't disagree with surveillance where a court (even a FISA court!!) issued a warrant. Trump just doesn't want to go through even a FISA court.
This is pure evil from Sam Altman.
Is anyone listing these peoples names somewhere for posterity's sake? I'd hate to think this would all be forgotten. From Altman to Zuckerberg, if justice prevails they'll be on the receiving end of retribution.
> Trump can tell the pentagon "everyone in minnesota is a potential insurrectionist, do mass surveillance on them under the patriot act and the insurrection act".
This is just incoherent. You can't have US companies fix an unhinged US government.
If the government runs wild, there are some serious questions to be asked at a state level, about how that could happen, how to fix it quickly and how to prevent it in the future – but I should hope none of them concern themselves with the ideas of individual company owners, because if the government can de fact do what it wants regardless of legality the next thing that this government does could simply be pointing increasingly non-metaphorical guns at individual AI company functionaries.
And who decides what's legal? The US was collecting illegal tariff revenue for ten months. Does OpenAI need to wait for the Supreme Court to strike down autonomous killbots?
That's the devil in the details. Sam altman's insult upon injury, treating the public as idiots on top of being a collaborator. The answer to your question is the government decides what is legal, as in the executive branch, in the pentagon the commander in chief decides. So essentially, they can do whatever they want so long as they call it legal.
As I said in a sibling comment, mass surveillance cannot be considered legal in the US under any context. not even war, emergency, terrorism, nuclear strike, national security reasons, imminent danger to the public,etc.. targeted surveillance can, scoped surveillance of a group of people can, but not mass surveillance. In other words Sam Altman is saying "This thing can never be legal short of a constitutional amendment, but so long as trump says it is, we'll look the other way".
What a two-faced <things i can't say on HN> this guy is!
I really hope Google poaches all his top engineers. If any of you are reading this, I ask you this, I get working for money, but will Google or Anthropic offer you all that much less? Consider the difference in pay when you put a price on your conscious.
Yes, I think that would be the idea. Again, not my view, but we give police officers license to use lethal force and often the victims of their abuse of that power have no recourse because they're already dead.
> 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.
What if Anthropic's morals are "we won't sell someone a product for something that it's not realistically capable of doing with a high degree of success? The government can't do what something if it's literally impossible (e.g. "safe" backdoors in encryption), but it's legal for them to attempt even when failure is predetermined. We don't know that's what's going on here, but you haven't provided any evidence that's sufficient to differentiate between those scenarios, so it's fairly misleading to phrase it as fact rather than conjecture.
Didn't fully follow the saga, but isn't their "imposing their own morals" is that "we do not want to allow you to let our AI go on an unsupervised killing spree"?
The United States Military, in its official capacity, has been performing illegal, extrajudicial assassinations of civilians in international waters for months now.
We have been sharing technology and weapons with Israel while it prosecutes a genocide in contravention of both US and International law.
We are currently prosecuting a war on Iran that is illegal under both US and International law.
Any aid given to such a force is to underwrite that lawlessness and it shows a reckless disregard for the very notion of a 'nation of laws'.
When OpenAI says, 'The Military can do what is legal', full in the knowledge that this military has no interest in even pretextual legality, one has to wonder why you hold that you 'agree with' both of these decisions.
Do you believe the flimsiest of lies in other aspects of your life?
Even if the autonomous weapon systems ‘perform as intended’, this does not in any way mean that they are not an enormous danger.
Secondly, as that is department policy and not a law or regulation, they appear to be saying that the cited directive is presently the only thing standing between the DOD and the use of autonomous weapons.
If that’s the case how hard is it to change or alter a directive?
> 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.
Excuse me, but what a fucked up perspective. "Impose its own morals into the use of its products"? What happened to "We give each other the freedom to hold beliefs and act accordingly unless it does harm"? How on earth did it come to something where the framing is that anyone is "imposing" anything on another simply by not providing services or a product that fits somebody else's need? That sounds like you're buying into the reversed victim and offender narrative.
And this is not about whether one agrees with their beliefs. It is about giving others the right to have their own.
I have the right not to sell poison to someone who I have reason to believe will use it to kill a third party. The idea of simply trusting the patron to be responsible makes sense when the patron is anonymous or a new contact. It’s generally good to assume good intentions in the absence of evidence, I think. If the government is not anonymous enough to get this treatment.
The GP's use of the word "impose" didn't seem perjorative to me or suggest that Anthropic is the offender and the government is the victim. I think you're reading a lot into a simple word choice and this response seems way too hostile.
>Excuse me, but what a fucked up perspective. "Impose its own morals into the use of its products"?
>How on earth did it come to something where the framing is that anyone is "imposing" anything on another simply by not providing services or a product that fits somebody else's need?
The department of defense in particular has a law on the books allowing them to force a company to sell them something. They generally are more than willing to pay a pretty penny for something so it hardly needs used, but I'd be shocked if any country with a serious military didn't have similar laws.
So your right when it comes to private citizens, but the DoD literally has a special carve out on the books.
A lawsuit challenging it would have actually been insane from anthropic because they would have had to argue "we're not that special you can just use someone else" in court.
A more clear example would be, what would you expect to happen if Intel and amd said our chips can't be used in computers that are used in war.
Nobody is saying that Anthropic has to shut down. They’re just saying that nobody taking government money can pay Anthropic for their service as a part of that contract. Anthropic still has the right to exist on their own terms, but their business model is based on rapidly-increasing enterprise subscriptions, which included public sector spending.
If Anthropic can survive on open source contributors shelling out $200/mo and private sector companies doing the same, the government wishes them well. But surely you agree the government has a right to determine how its budget is appropriated?
> 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.
My interpretation of the difference is more like: Anthropic wanted the synchronous real-time authority to say "No we wont do that" (e.g. by modifying system prompts, training data, Anthropic people in the loop with shutdown authority). OpenAI instead asked for the asynchronous authority to re-evaluate the contract if it is breached (e.g. the DoD can use OpenAI tech for domestic surveillance, but there's a path to contract and service termination if they do this).
If my read is correct: I personally agree with the DoD that Anthropic's demands were not something any military should agree to. However, as you say, the DoD's reaction to Anthropic's terms is wildly inappropriate and materially harmed our military by forcing all private companies to re-evaluate whether selling to the military is a good idea going forward.
The DoD likely spends somewhere on the order of ~$100M/year with Google; but Google owns a 14% stake in Anthropic, who spends at least that much if not more on training and inference. All-in-all, that relationship is worth on the order of ~$10B+. If Google is put into the position of having to decide between servicing DoD contracts or maintaining Anthropic as an investee and customer, its not trivially obvious that they'd pick the DoD unless forced to with behind-the-scenes threats and the DPA. Amazon is in a similar situation; its only Microsoft that has contracts large enough with the DoD where their decision is obvious. Hegseth's decision leaves the DoD, our military, and our defense materially weaker by both refusing federal access to state of the art technology, and creating a schism in the broader tech ecosystem where many players will now refuse to engage with the government.
Either party could have walked away from negotiations if they were unhappy with the terms. Alternatively: the DoD should have agreed to Anthropic's red lines, then constrained/compartmentalized their usage of Anthropic's technology to a clearly limited and non-combat capacity until re-negotiation and expansion of the deal could happen. Instead, we get where we're at, which is not good.
IMO: I know a lot of people are scared of a fascist-like future for the US, but personally I'm more fearful of a different outcome. Our government and military has lost all of its capacity to manufacture and innovate. Its been conceded to private industry, and its at the point where private industry has grown so large that companies can seriously say "ok, we won't work with you, bye" and it just be, like, fine for their bottom line. The US cannot grow federal spending and cannot find a reasonable path to taxing or otherwise slowing down the rise of private industry. We're not headed into fascism (though there are elements of that in the current admin): We're headed into Snow Crash. The military is just a thin coordination layer of operators piecing together technology from OpenAI, Boeing, Anduril, Raytheon. Public governments everywhere are being out-competed by private industry, and in some countries it feels like industry tolerates the government, because it still has some decreasing semblance of authority, but especially in the US that semblance of authority has been on a downward trend for years. Google's revenue was 7% of the US Federal Government's revenue last year. That's fucking insane. What happens when we get to the point where Federal debt becomes unserviceable? When Google or Apple or Microsoft hit 10%, or 15%? Our government loses its ability to actually function effectively; and private industry will be there to fill the void.
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."
It's a bit worse, because in the case of mass surveillance, they can't just make their own law, they need to make that law and have 2/3rds of US states sign off on a constitutional amendment.
Aiding someone while you know they're trying to break the law is conspiracy to break the law. OpenAI is culpable. You can't sue the government in many cases, but you can with OpenAI.
It's also good to demonstrate to these companies that we're willing to move. If these companies know their entire userbase will just pack up and move at the first controversy, there wont be any controversies.
Consumer actions are meaningless here. If Altman can become Trump’s new best friend (can’t wait to watch the Altman/Musk drama), there will be so much public money directed toward OpenAI that they can stop wasting their time on the puny people.
> I don't think Anthropic is a saint that will never do anything unethical. I don't think ChatGPT is any better or worse.
I sort of agree and think that over a long horizon, Open weights models are going to be the best / are the best
I do think only a fraction of companies might do what Anthropic did here. There must have been quite a significant pressure on them to fold but they didn't. So to me, I'd rather try to do atleast something to show companies that people do care about such things and its best if we have at the very least some unconditional morals which are not for sale no matter the price.
I think that we can still have disagreements with Anthropic on matters and I certainly still have some disagreements about their thoughts on Open Models for example but in all regards I would trust them as more trustworthy than OpenAI imho.
That being said, I do think that its worth telling that given that I don't have good GPU, I am gonna stop using Chatgpt as well and will use either Claude/(Kimi?) as well like many people are doing too. I do think that it might be the path going forward.
It's been very good for me. I don't even open claude.ai or or use Kagi Assistant even though I'm paying for it and have access to basically all the models. I interact pretty much exclusively via Claude Code. My recipe question turned into a recipe tracking project and recommendation engine designed to help force me to try making new things that expand my skills. I've also had good luck getting gluten / dairy alternatives for recipes since that's now a fact of life I have to deal with via my wife.
For product reviews, you've definitely got to make sure it's searching for sources and not just relying on outdated data. Some brands used to be very good and are today just coasting on their reputation. This is where phrases like "research this deeply" help it break out of the baked in biases.
How incredibly unsurprising. This is why it is pointless to make moral stands as employees when you do not ultimately have power over the companies decisions. The only power you have is to quit.
I wonder how many will do so, and how many will simply accept Sam’s AI written rationalization as this own and keep collecting their obscene pay packages…
And behind the quitting decision is very little safety net and usually substantial financial obligations keeping people handcuffed. Something has to give. The power employees had during covid was the way it should be, or something more closely approximating that.
Employees often have the power to oust the owner and take over the company; and more often than that have the power to have business grind to a halt. It does take a strong union and a culture of solidarity and sticking together of course, which I doubt we would find in a place like OpenAI.
It's perhaps too late in this case, but this is what unions are for. Sam Altman + a handful of scabs can't keep the lights on at OpenAI if a critical mass of engineers refuse to work until this decision is reversed (or, even better, not made at all, since the union would be part of that process).
Right. If you are wealthy enough to go retire and live off interest, but STILL choose to work for a company you morally disagree with...then what sort of person are you?
My reading of this is that OpenAI's contract with the Pentagon only prohibits mass surveillance of US citizens to the extent that that surveillance is already prohibited by law. For example, I believe this implies that the DoW can procure data on US citizens en masse from private companies - including, e.g., granular location and financial transaction data - and apply OpenAI's tools to that data to surveil and otherwise target US citizens at scale. As I understand it, this was not the case with Anthropic's contract.
If I'm right, this is abhorrent. However, I've already jumped to a lot of incorrect conclusions in the last few days, so I'm doing my best to withhold judgment for now, and holding out hope for a plausible competing explanation.
(Disclosure, I'm a former OpenAI employee and current shareholder.)
Even on a personal level: OpenAI has changed it's privacy policy twice to let them gather data on me they weren't before. A lot of steps to disable it each time, tons of dark patterns. And the data checkout just bugs out too, it's a fake feature to hide how much they are using everything you type to them
If we had a simple lookup community maintained system for this, would you use it? What do you think its design would need to be to be used, gain traction and be valuable?
I want this so bad.
Why would we want to trade our constitution for, effectively, “rules Sam Altman came up with”?
And, I mean, if they don't, gpt 5.3 is going to be pretty good help
Given the volume fine tuning a small model is probably the only cost effective way to do it anyway
Third Party Doctrine makes trouble for us once again.
Eliminate that and MANY nightmare scenarios disappear or become exceptionally more complicated.
He calls this exact scenario out in last night's interview: https://youtu.be/MPTNHrq_4LU
"Shall not be used as consistent with these authorities"?
So they shall only be used inconsistently with these authorities? That's the literal reading if you assume there's no typo.
Or did they forget a crucial comma that would imply they shall not use it, to the extent this provision is consistent with their authorities?
Or did they forget the comma but it was supposed to mean that they shall not use it, to the extent that not-doing so would be consistent with their authorities?
You gotta hand it to the lawyers, I'm not sure I could've thought of wording this deliberately confusing if they'd given me a million dollars.
Imagine arming chatgpt and letting it pick targets and launch missiles from clawdbot.
Other nations including Israel and the PRC will also be working with their own implementations respectively because if they are not they know that everyone else is. So this is just basic game theory.
But the kicker is that 5y from now we will be able to run Codex 5.3x or Opus 4.6 on a $5000 mac studio, so nations states will want to immediately implement this kind of technology into their defense apparatus.
<edit>
THAT'S EXACTLY WHAT DARIO WAS ARGUING and it is exactly why the DOD wanted to get around. They wanted to use Claude for all legal purposes and Anthropic said moral reasons.
Also notice the subtle language in OpenAI's red lines. "No use of OpenAI technology for mass *domestic* surveillance." We've seen how this was abused by the NSA already since normal communication in the Internet often crosses international lines. And what they couldn't get done that way they got around through allies who can spy on American citizens.
</edit>
I think we need to remember that legality != morality. It's our attempt to formalize morality but I think everyone sees how easy it is to skirt[0]
Call your senators. There's a bill in the senate explicitly about this. Here's the EFF's take [1]. IMO it's far from perfect but an important step. I think we should talk about this more. I have problems with it too, but hey, is anything in here preventing things from continuing to get better? It's too easy to critique and then do nothing. We've been arguing for over a decade, I'd rather take a small step than a step back. Let's also not forget WorldCoin[2]. World (blockchain)? World Network?I have no trust for Altman. His solution to distinguishing humans from bots is mass biometric surveillance. This seems as disconnected as the CEO of Flock or that Ring commercial.
Not to mention all the safety failures. Sora was released allowing real people to be generated? Great marketing. Glad they "fixed it" so quickly...
There's a lot happening now and it's happening fast. I think we need to be careful. We've developed systems to distribute power but it naturally wants to accumulate. Be it government power or email providers. The greater the power, the greater the responsibility. But isn't that why we created distributed power systems in the first place?
Personally I don't want autonomous unquestioning killbots under the control of one or a small number of people. Even if you don't believe the one in control now is not a psychopath (-_-) then you can still agree that it's possible for that type of person to get control. Power corrupts. Things like killing another person should be hard, emotionally. That's a feature, not a flaw. Soldiers questioning orders is a feature, not a flaw. By concentrating power you risk handing that power to those that do not feel. We're making Turnkey Tyranny more dangerous
[0] and law is probably our best attempt to make a formal system out of a natural language but I digress
[1] https://www.eff.org/deeplinks/2024/04/fourth-amendment-not-s...
[2] https://en.wikipedia.org/wiki/World_(blockchain)
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 other says you may build the Terminator if the DOD lawyers say it’s okay.
This is a major distinction.
This is key because it's the textbook example of a war crime. It's also something that the current administration has bragged doing dozens of times.
More succinctly: who decides what is legal here? OpenAI, the Secretary of Defense, or a judge?
There's also subtle language elsewhere. Notice the word "domestic" shows up between "mass" and "surveillance"? We already have another agency that's exploited that one...
I can see the logic if we were talking about dumb weapons--the old debate about guns don't kill people, people kill people. Except now we are in fact talking about guns that kill people.
> More succinctly: who decides what is legal here? OpenAI, the Secretary of Defense, or a judge?
Yeah, there's a pretty strong case that anyone claiming to trust that the administration cares about operating in good faith with respect to the law is either delusional or lying.
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.
This is an objective standard as a matter of contract interpretation. If it was the government’s right to determine the lawfulness of a usage, it would say so. Perhaps it does elsewhere in the agreement, but that’s not the case here.
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I guess you can consider it a moral stance that if the government constantly does illegal things you wouldn't trust them to follow the law.
I know that's not what Anthropic said but that's the gist I'm getting.
> No use of OpenAI technology to direct autonomous weapons systems
Not surprised to see a guy like Altman adopt the strategy
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Mass surveillance doesn't require a warrant, that's why they want it, that's why it's "mass". warrants mean judicial overview. Anthropic didn't disagree with surveillance where a court (even a FISA court!!) issued a warrant. Trump just doesn't want to go through even a FISA court.
This is pure evil from Sam Altman.
Is anyone listing these peoples names somewhere for posterity's sake? I'd hate to think this would all be forgotten. From Altman to Zuckerberg, if justice prevails they'll be on the receiving end of retribution.
This is just incoherent. You can't have US companies fix an unhinged US government.
If the government runs wild, there are some serious questions to be asked at a state level, about how that could happen, how to fix it quickly and how to prevent it in the future – but I should hope none of them concern themselves with the ideas of individual company owners, because if the government can de fact do what it wants regardless of legality the next thing that this government does could simply be pointing increasingly non-metaphorical guns at individual AI company functionaries.
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As I said in a sibling comment, mass surveillance cannot be considered legal in the US under any context. not even war, emergency, terrorism, nuclear strike, national security reasons, imminent danger to the public,etc.. targeted surveillance can, scoped surveillance of a group of people can, but not mass surveillance. In other words Sam Altman is saying "This thing can never be legal short of a constitutional amendment, but so long as trump says it is, we'll look the other way".
What a two-faced <things i can't say on HN> this guy is!
I really hope Google poaches all his top engineers. If any of you are reading this, I ask you this, I get working for money, but will Google or Anthropic offer you all that much less? Consider the difference in pay when you put a price on your conscious.
What if Anthropic's morals are "we won't sell someone a product for something that it's not realistically capable of doing with a high degree of success? The government can't do what something if it's literally impossible (e.g. "safe" backdoors in encryption), but it's legal for them to attempt even when failure is predetermined. We don't know that's what's going on here, but you haven't provided any evidence that's sufficient to differentiate between those scenarios, so it's fairly misleading to phrase it as fact rather than conjecture.
We have been sharing technology and weapons with Israel while it prosecutes a genocide in contravention of both US and International law.
We are currently prosecuting a war on Iran that is illegal under both US and International law.
Any aid given to such a force is to underwrite that lawlessness and it shows a reckless disregard for the very notion of a 'nation of laws'.
When OpenAI says, 'The Military can do what is legal', full in the knowledge that this military has no interest in even pretextual legality, one has to wonder why you hold that you 'agree with' both of these decisions.
Do you believe the flimsiest of lies in other aspects of your life?
Secondly, as that is department policy and not a law or regulation, they appear to be saying that the cited directive is presently the only thing standing between the DOD and the use of autonomous weapons.
If that’s the case how hard is it to change or alter a directive?
Excuse me, but what a fucked up perspective. "Impose its own morals into the use of its products"? What happened to "We give each other the freedom to hold beliefs and act accordingly unless it does harm"? How on earth did it come to something where the framing is that anyone is "imposing" anything on another simply by not providing services or a product that fits somebody else's need? That sounds like you're buying into the reversed victim and offender narrative.
And this is not about whether one agrees with their beliefs. It is about giving others the right to have their own.
>How on earth did it come to something where the framing is that anyone is "imposing" anything on another simply by not providing services or a product that fits somebody else's need?
The department of defense in particular has a law on the books allowing them to force a company to sell them something. They generally are more than willing to pay a pretty penny for something so it hardly needs used, but I'd be shocked if any country with a serious military didn't have similar laws.
So your right when it comes to private citizens, but the DoD literally has a special carve out on the books.
A lawsuit challenging it would have actually been insane from anthropic because they would have had to argue "we're not that special you can just use someone else" in court.
A more clear example would be, what would you expect to happen if Intel and amd said our chips can't be used in computers that are used in war.
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If Anthropic can survive on open source contributors shelling out $200/mo and private sector companies doing the same, the government wishes them well. But surely you agree the government has a right to determine how its budget is appropriated?
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.
If my read is correct: I personally agree with the DoD that Anthropic's demands were not something any military should agree to. However, as you say, the DoD's reaction to Anthropic's terms is wildly inappropriate and materially harmed our military by forcing all private companies to re-evaluate whether selling to the military is a good idea going forward.
The DoD likely spends somewhere on the order of ~$100M/year with Google; but Google owns a 14% stake in Anthropic, who spends at least that much if not more on training and inference. All-in-all, that relationship is worth on the order of ~$10B+. If Google is put into the position of having to decide between servicing DoD contracts or maintaining Anthropic as an investee and customer, its not trivially obvious that they'd pick the DoD unless forced to with behind-the-scenes threats and the DPA. Amazon is in a similar situation; its only Microsoft that has contracts large enough with the DoD where their decision is obvious. Hegseth's decision leaves the DoD, our military, and our defense materially weaker by both refusing federal access to state of the art technology, and creating a schism in the broader tech ecosystem where many players will now refuse to engage with the government.
Either party could have walked away from negotiations if they were unhappy with the terms. Alternatively: the DoD should have agreed to Anthropic's red lines, then constrained/compartmentalized their usage of Anthropic's technology to a clearly limited and non-combat capacity until re-negotiation and expansion of the deal could happen. Instead, we get where we're at, which is not good.
IMO: I know a lot of people are scared of a fascist-like future for the US, but personally I'm more fearful of a different outcome. Our government and military has lost all of its capacity to manufacture and innovate. Its been conceded to private industry, and its at the point where private industry has grown so large that companies can seriously say "ok, we won't work with you, bye" and it just be, like, fine for their bottom line. The US cannot grow federal spending and cannot find a reasonable path to taxing or otherwise slowing down the rise of private industry. We're not headed into fascism (though there are elements of that in the current admin): We're headed into Snow Crash. The military is just a thin coordination layer of operators piecing together technology from OpenAI, Boeing, Anduril, Raytheon. Public governments everywhere are being out-competed by private industry, and in some countries it feels like industry tolerates the government, because it still has some decreasing semblance of authority, but especially in the US that semblance of authority has been on a downward trend for years. Google's revenue was 7% of the US Federal Government's revenue last year. That's fucking insane. What happens when we get to the point where Federal debt becomes unserviceable? When Google or Apple or Microsoft hit 10%, or 15%? Our government loses its ability to actually function effectively; and private industry will be there to fill the void.
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."
The "human approval" will be someone clicking a YES button all the time, like Israeli officers did in the Gaza bombing.
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Aiding someone while you know they're trying to break the law is conspiracy to break the law. OpenAI is culpable. You can't sue the government in many cases, but you can with OpenAI.
But I do think my cancelling ChatGPT so I can try Claude, at this time, sends the message I want to send, which is why I did it.
I sort of agree and think that over a long horizon, Open weights models are going to be the best / are the best
I do think only a fraction of companies might do what Anthropic did here. There must have been quite a significant pressure on them to fold but they didn't. So to me, I'd rather try to do atleast something to show companies that people do care about such things and its best if we have at the very least some unconditional morals which are not for sale no matter the price.
I think that we can still have disagreements with Anthropic on matters and I certainly still have some disagreements about their thoughts on Open Models for example but in all regards I would trust them as more trustworthy than OpenAI imho.
That being said, I do think that its worth telling that given that I don't have good GPU, I am gonna stop using Chatgpt as well and will use either Claude/(Kimi?) as well like many people are doing too. I do think that it might be the path going forward.
I'm not really complaining, it seems fine, but I'm not seeing the "way better" part that people keep saying.
Genuinely asking, because I might follow your steps.
For product reviews, you've definitely got to make sure it's searching for sources and not just relying on outdated data. Some brands used to be very good and are today just coasting on their reputation. This is where phrases like "research this deeply" help it break out of the baked in biases.
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I wonder how many will do so, and how many will simply accept Sam’s AI written rationalization as this own and keep collecting their obscene pay packages…
This is an incredible power when exercised en-masse.
Employees often have the power to oust the owner and take over the company; and more often than that have the power to have business grind to a halt. It does take a strong union and a culture of solidarity and sticking together of course, which I doubt we would find in a place like OpenAI.
I get you have tens of millions vesting. Hope you find it within you to be a good person instead of just a successful one.
ethically btw