Anthropic is suing the US government for blacklisting it and it's calling in support from Google and OpenAI

Late last month, Anthropic refused to remove AI autonomous weapons and mass surveillance safeguards when the US government asked it to do so. The administration then cancelled its contract in response. OpenAI took up that contract, and the Department of War soon threatened to label Anthropic a 'supply chain risk'. In yet another twist and turn in the story, Anthropic is suing the US government in response.

According to Anthropic CEO Dari Amodei, "They have threatened to remove us from their systems if we maintain these safeguards; they have also threatened to designate us a “supply chain risk”—a label reserved for US adversaries, never before applied to an American company—and to invoke the Defense Production Act to force the safeguards’ removal. These latter two threats are inherently contradictory: one labels us a security risk; the other labels Claude as essential to national security."

Anthropic filed its complaint (PDF warning) on March 09, claiming that Anthropic held to its principles of building AI that "maximises positive outcomes for humanity" and the US government, in turn, "retaliated against it for expressing that principle."

In response to the initial claim from Antropic, Under Secretary of War Emil Michael accused Antropic CEO Amodei of being a 'liar' and having a 'god complex'. Michael argues, "He [Amodei] wants nothing more than to try to personally control the US Military and is ok putting our nation’s safety at risk."

Notably, the suit mentions that Anthropic agreed to much of the Department of War's request to discard usage restrictions, except for two, which are for the use of the technology in lethal autonomous warfare and mass surveillance of Americans. It goes on: "Throughout these discussions, Anthropic expressed its strongly held views about the limitations of its AI services. It also made clear that, if an arrangement acceptable to the Department could not be reached, Anthropic would collaborate with the Department on an orderly transition to another AI provider willing to meet its demands."

Supporting its case, OpenAI and Google have both signed (PDF warning) an amicus brief (where a party with an interest in the case, who is not directly involved, gives some sort of testimony or argument) in support of Anthropic. It is likely in the best interest of OpenAI, which is currently working with the US Department of War, and Google, which has invested heavily in AI, to support any action made to stop the US government from blacklisting AI companies.

The brief declares, "Defendants recklessly invoked national security authorities intended to protect the procurement process from interference by foreign adversaries. If allowed to proceed, this effort to punish one of the leading U.S. AI companies will undoubtedly have consequences for the United States’ industrial and scientific competitiveness in the field of artificial intelligence and beyond. And it will chill open deliberation in our field about the risks and benefits of today’s AI systems."

OpenAI tagging in here is interesting, given CEO Sam Altman admitted to rushing out a deal with the Department of War and a hardware leader resigning in response. OpenAI has taken criticism for its deal both externally and internally, and has been in a bit of a weird place ever since.

Luiza Jarovsky, the cofounder of the AI, Tech and Privacy academy, who holds a PhD in Law, reckons "Anthropic is likely to win" and that it could lead to a precedent in regard to AI governance in the US. Getting the support of both Google and OpenAI only bolsters its defence.

Anthropic is seeking a hearing to declare the Department of War's action a violation of the First and Fifth Amendments of the United States Constitution and to seek damages, plus payment of any attorney fees. It also pleads that the judge grant "such further and other relief as this Court deems just and proper." A hearing could be held as soon as this Friday.

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