The founders of this great nation fought several bloody wars to make sure this is not true.
the bedrock foundations of American greatness
A government with limited powers, where private property is protected.
It's like all of these people have just woken from a 200-year-long slumber. The limited-government Republic of Thomas Jefferson et al. is dead. This is now the totalitarian tyranny of Franklin Roosevelt. Wickard v. Filburn (1942) is the current view on private property rights, and the DoW's actions against Anthropic, arbitrary and capricious as they may be, are entirely consistent with it.
rhetoric that is truly reprehensible, and entirely incompatible with freedom
Anything as bad as "Government is simply the name we give to the things we choose to do together"?
Make no mistake about what is happening.
The Department of War (DoW) demanded Anthropic bend the knee, and give them ‘unfettered access’ to Claude, without understanding what that even meant. If they didn’t get what they want, they threatened to both use the Defense Production Act (DPA) to make Anthropic give the military this vital product, and also designate the company a supply chain risk (SCR).
Hegseth sent out an absurdly broad SCR announcement on Twitter that had absolutely no legal basis, that if implemented as written would have been corporate murder. They have now issued an official notification, which is still illegal, arbitrary and capricious, but is scoped narrowly and won’t be too disruptive.
Nominally the SCR designation is because we cannot rely on that same product when the company has not bent the knee and might object to some uses of its private property that it never agreed to allow.
No one actually believes this. No one is pretending others should believe this. If they have real concerns, there are numerous less restrictive and less disruptive tools available to the Department of War. Many have the bonus of being legal.
In actuality, this is a massive escalation, purely as punishment.
DoW is saying that if you claim the right to choose when and how others use your private property, and offer to sign some contracts but not sign others, that this means you are trying to ‘usurp power’ and dictate government decisions.
It is saying that if you do not bend the knee, if your business does not do what we want, then we cannot abide this. We will illegally retaliate and end your business.
That is not how the law works. That is not how a Republic works.
This was completely unnecessary. Talks were ongoing. The two sides were close. The deal DoW signed with OpenAI, the same night as the original SCR designation, violates exactly the red line principles and demands the DoW says abide no compromises.
The good news is that there are those who managed to limit this to a narrowly tailored SCR, that only applies to direct provision of government contracts. Otherwise, this does not apply to you. Even if that gets tied up in court indefinitely, this will not inflict too much damage on either Anthropic or national security.
The question is how much jawboning or further steps come after this, but for now we have dodged the even worse outcomes keeping us up at night.
You might be tempted to think of or present this as the DoW backing down. Don’t.
Why not? Two good reasons.
Sometimes some people should talk in carefully chosen Washington language, as ARI does here. Sometimes I even do it. This is not one of those times.
Table of Contents
Post Overview
This post is an update on events since the publication of the weekly, and an attempt to reiterate key events and considerations to put everything into context.
For details and analysis of previous events, see my previous posts:
For those following along these are the key events since last time:
Anthropic’s Statement on the SCR
It was an excellent statement. I’m going to quote it in full, since no one clicks links and I believe they would want me to do this.
I believe and hope that this will help move things forward towards de-escalation.
What The Actual SCR Designation Says
Secretary of War Pete Hegseth’s original Tweet on Friday at 5:14pm was not a legal document. It claimed that it would bar anyone doing business with the DoW from doing any business with Anthropic, for any reason. This would in effect have been an attempt at corporate murder, since it would have attempted to force Anthropic off of the major cloud providers, and have forced many of its largest shareholders to divest.
That move would have had no legal basis whatsoever, and also no physical logic whatsoever since selling goods or services to Anthropic, or providing Anthropic services to others, obviously has no impact on the military supply chain. It would not have survived a court challenge. But if Anthropic failed to get a TRO, that alone could have caused major disruptions and a stock market bloodbath.
We are very fortunate and happy that this was not the letter that DoW ultimately chose to send after having time to breathe. As per Anthropic, the official supply chain risk designation letter invokes the narrow form of SCR, 10 USC 3252.
There are three levels of danger to Anthropic here if the classification is sustained.
But we do have to watch out. If the government is sufficiently determined to mess with you, and doesn’t care about how much damage this does including to rule of law, they have a lot of ways to do that.
Enemies of The Republic
Remarkably many people are defending this move, and mostly also defending the legally incoherent move that was Tweeted out on Friday afternoon.
The defenders of this often employ rhetoric that is truly reprehensible, and entirely incompatible with freedom, a Republic or even private property.
They say that the United States Government, and de facto they mean the executive branch, because the President was duly elected, can do anything it wants, and must always get its way, make all decisions and be the only source of power. That if what you create is sufficiently useful then it no longer belongs to you, and any private actor that prospers too much must be hammered down to protect state authority.
There are words for this. Communist. Authoritarian. Dictatorship. Gangster nations.
This is how such people are trying to redefine ‘democracy’ in real time.
You do not want to live in such a nation. Such nations do not have good futures.
Anthropic didn’t challenge the government’s power. Anthropic used the most powerful weapon available to every person, the right to say ‘no’ and take the consequences. These are the consequences, if you don’t live in a Republic.
If you remember one line today, perhaps remember this one:
The government cannot, in general, do whatever it wants.
That could change. It can happen here. Know your history, lest it happen here.
As Dean Ball has screamed from the rooftops, we have been trending in this direction for quite some time, and the danger to the Republic and attacks on civil liberties is coming from all directions. The situation is grim.
There are words for those who support such things. I don’t have to name them.
I have talked for several years about the Quest For Sane Regulations, because I believe the default outcome of building superintelligence is that everyone dies and that highly capable AI presents many catastrophic risks. I supported bills like SB 1047 that would have given us transparency into what was happening and enforcement of basic safety requirements.
We were told this could not be abided. We were told, often by the same people, that such fears were phantoms, that there was ‘no evidence’ that building machines smarter, more capable and more competitive than us might be an inherently unsafe thing for people to do. We were lectured that requiring our largest AI labs to do basic things would devastate our AI industry, that it would take away our freedoms, that we would lose to China, that these concerns could be dealt with after they had already happened, that any government intervention was inevitably so malign we were better off with a yolo.
Those people still do not even believe in superintelligence. They do not understand the transformations coming to our world. They do not understand that we are about to face existential threats to our survival as humans and to everything of value. All they see in this world is the power, and demand that it be handed over.
What I hate the most, and where I want to most profoundly say ‘fuck you,’ are those who claim that this is somehow about ‘AI safety’ or concerns about superintelligence, when that very clearly is not true.
As a reminder:
We saw this yesterday with Ben Thompson. Here we see it with Krishnan Rohit and Noah Smith.
Are you fucking kidding me? You’re pull quoting that at us, on purpose?
And if you go even one level down in the thread you get this:
So let me get this straight. The Department of War is run by a thug who is trying to solve the wrong problem using the wrong methods based on the wrong model of reality, and all of his mistakes are very much not going to cancel out, but he’s right?
And why is he right? Because might makes right. How else can you read that reply?
He’s even quoting the ultimate bad faith person and argument here, directly, except he’s only showing Marc here without Florence:
At least he included the reversal after, noting that the converse is also true.
Then there’s the obvious other point.
I cannot say enough that the logic response to ‘these people want to build a techo-god,’ under current conditions, is ‘wait no, stop, if this is actually something they’re close to doing. No one should be building a techo-god until we figure this stuff out on multiple levels and we’ve solved none of them, including alignment.’
These same Very Serious People never consider the Then Don’t Build It So That Everyone Doesn’t Die strategy.
But wait, there’s more.
Remember yesterday, when Ben Thompson tried to pretend he was only making a non-normative argument? Yeah, well, ~0% of people reading the post took it that way, he damn well knew that’s how people would take the argument, and it’s being quoted approvingly by many, and Ben hasn’t, shall we say, been especially loud and clear about walking it back. So yeah, let’s stop pretending.
Among others, I most recently remember Dave Chappelle saying that we have the first amendment protecting our right to free speech, and the second amendment in case the first one doesn’t work out.
Whereas Noah Smith is explicitly saying Claude should be treated like a nuke.
It seems a lot of people think the fundamental nature of the nation-state is that of a gangster, like Putin, and they are in favor of this rather than against it.
If the pen is mightier than the sword, why are we letting people just buy pens?
I do respect that at least Noah Smith is, at long last, taking the idea of superintelligence seriously, except when it comes time to dismiss existential risk.
He seems to be very quickly getting to some other conclusions, including ending API access for highly capable models, and certainly banning open source.
Maybe trying to ‘wake up’ such folks was always a mistake.
As a reminder ‘force the government’s hand’ means ‘don’t agree to hand over their private property, and indeed engineer and deliver new forms of it, to be used however the government wants, on demand, while bending the knee.’
This is very simple. These people are against regulation, because that would be undue interference, except when the intervention is nationalization, then it’s fine.
Indeed, the argument ‘otherwise this wouldn’t be okay because it isn’t regulated’ is then turned around and used as an argument to take all your stuff.
Quite clever. Dean and Rohit went back and forth in several threads, all of which only further illustrate Dean’s central point.
It’s clear as day. If you say you need to be regulated, they get to take your stuff.
If you try to say how your stuff is used, that’s you ‘deciding right and wrong.’
The choice is called a Republic. A government with limited powers, where private property is protected.
The alternative being suggested is one person, one vote, one time.
That sometimes works out well for the one person. Otherwise, not so well.
Regulation Need Not Seize The Means Of Production
TBPN asks Dean Ball about the gap between regulation and nationalization, drawing the parallel to the atomic bomb. Dean agrees nukes worked out but we failed to get most of the benefits of nuclear energy, and points out the analogy breaks down because AI expresses and is vital to your liberty, and government control of AI inevitably would lead to tyranny. Whereas control over energy and bombs does not do that, and makes logistical sense.
Dean also points out that ‘try to get regulation right’ has been systematically categorized as ‘supporting regulatory capture,’ even when bills like SB 53 are extremely light touch and clearly prudent steps.
It has been made all but impossible to stand up regulations that matter, as certain groups concentrate their fire on attempts to have us not die, while instead states instead are left largely free to push counterproductive bills that would only cut off AI’s benefits, or that would disrupt construction of data centers.
I can affirm strongly that Anthropic has not been in any way, shape or form advocating for regulatory capture, and has opposed or not supported measures I strongly supported, to my great frustration. Indeed, Anthropic’s pushes here have resulted in clashes with the White House that are very much not helping Anthropic’s net present value of future cash flows.
It is many of the other labs that have been trying to lobby primarily for their own shareholder value.
Whereas OpenAI and a16z and others, through their Super PAC, have been trying to get an outright federal moratorium on any state laws, so that we can instead pursue some amorphous undefined ‘federal framework’ while sharing no details whatsoever about what such a thing would even look like (or at least none that would have any chance of accomplishing the task at hand), and systematically trying to kill the campaign of Alex Bores to send a message that no attempts at AI regulation will be tolerated.
Whenever someone says they want a national framework, ask to see this supposed ‘federal framework,’ because the only person who has proposed a real one that I’ve seen is Dean Ball and they sure as hell don’t plan on implementing his version.
But we digress.
Microsoft Stands Firm
The SCR is narrow, so there is no legal reason for anyone to change their behavior unless they are directly involved in defense contracting. And corporate America is making it very clear they are not going to murder one of their own simply because the DoW suggests they do so.
In particular, the companies that matter are the big three cloud providers: Google, Amazon and Microsoft. I was not worried, but it is good to have explicit statements.
Microsoft wasted no time, being first to make clear they will continue with Anthropic.
Calling This What It Is
Sad but accurate, to sum up what likely happened:
I share Sway’s view here. I think Altman was trying to de-escalate, but by giving up his leverage, and by cooperating with DoW messaging, he actually caused the situation to escalate further instead.
If the reason for all this was that DoW believed Eliezer Yudkowsky’s position that If Anyone Builds It, Everyone Dies, then that would be a very different conversation. This is the complete opposite of that.
What To Expect Next
The likely next move is that Anthropic will sue the Department of War. They will challenge the arbitrary and capricious supply chain risk designation, because it is arbitrary and capricious. Anthropic presumably wins, but it does not obviously win quickly.
If Anthropic does not sue soon, I would presume that would be because either:
We are used to things happening in hours or days. That is often not a good thing. One reason things went south here is this rush. The memo was written on Friday evening, in a very different situation. Then, when the memo leaked, it was less than 24 hours before the supply chain risk designation was issued, while everyone was screaming ‘why hasn’t Dario apologized?’
It took him roughly 30 hours to draft that apology. That’s a very normal amount of time in this situation, but events did not allow that time. People need to calm down and take a moment, find room to breathe, consult their lawyers, pay to know what they really think, and have unrushed discussions.