Our Agreement with the Department of War

> 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.

This is the same company that started as a nonprofit dedicated to open AI safety research, then became a capped-profit entity, then effectively closed-source, then dropped the cap, and is now pursuing full for-profit conversion. Every single guardrail they've set for themselves has been quietly revised or removed once it became inconvenient. Anyone want to bet on how long those exclusions last?

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."

Saying that an entity with the power to make its own laws can use something for "all lawful purposes" is saying they can use it for anything.

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…

I deleted my OpenAI account months ago. If LLMs and adjacent technology are truly a paradigm shift, I can’t think of many worse than Sam Altman to shepard us through that. He is a pure opportunist who has already shown how little he believes in outside of his own power and wealth.

It's hard to believe that this was written in any good faith when there's so much beating around the bush and careful legalese wordplay.

OpenAI: "let's delegate morality to laws that we know are wholly inadequate for AI to absolve ourselves of any moral responsiblity."

> > Do you think Anthropic should be designated as a “supply chain risk”?

> No, and we have made our position on this clear to the government.

Look, this is the most important thing that everyone needs to understand: Your opinion on this is not welcome here. Your opinion on how the government uses the tools it purchases are unimportant and a non-factor. It is not appropriate for you to share your opinion on this. The government that was elected by the people is the sole decision maker. That’s the agreed social norm that we have in this country. What you’re doing is a minor subversion of our democratic republic, even if it feels like you’re standing on firm moral ground.

The DoD can and will deploy eye watering amounts of capital in the pursuit of its mission. That mission includes artificial intelligence based war systems. If you want a piece of that pie, even indirectly, you need to shut the fuck up and kiss the ring. That’s the reality. You don’t have to like this, but you’re shockingly naive if you didn’t know the world worked this way. The DoD spends nearly a trillion dollars a year, did you really think that was entirely spent on raw materials?

Their systems will be built to their spec, one way or another. They will seize your source code and training sets. They will build data centers. Nothing can stop this. People are making this about Trump and Hegseth, but it’s bigger than that. This transcends political parties. Obama’s DoD would make the same stand, and you’re naive if you don’t think so. Our war machine never loses in the game of politics.

“The Department of War may use the AI System for all lawful purposes, consistent with applicable law, operational requirements, and well-established safety and oversight protocols.”

So DoW did get the “all lawful purposes” language they were after, with reference to existing (inadequate, in my view) regulations around autonomous weapons and mass surveillance.

Does OpenAI enforce those red lines in all contracts?

From what I can tell the Anthropic issue was triggered by something Palantir was doing as a contractor for DoW, not anything related to direct contracts between DoW and Anthropic, and DoW was annoyed that Anthropic interfered with what Palantir was up to.

In other words will OpenAI enforce these "red lines" against use by a third-party government contractor?

If not, this seems pretty meaningless if they are essentially playing PR while hiding behind Palantir.

Not saying it was, but the course of actions awfully look like a setup was made for Anthropic.

Ah, yes, OpenAI, org known for keeping the word they gave on the direction of the company, with literal lie about that in their very name.

Here is a point Mr. Altman might not have considered. Everyone in Trump's circle will probably get a pardon no matter what. but not the CEOs who were collaborators. not in the inner circle but still complicit.

Even Google and Microsoft should be worried. This is like 1936 germany, we have ways to go. Look at the tune this administration is singing, if they get their way these CEOs aren't looking at law suits and federal investigations, the current order of things will be long gone by the time people start asking who's responsible for all the blood on the streets.

"What if the government just changes the law or existing DoW policies?"

Our contract explicitly references the surveillance and autonomous weapons laws and policies as they exist today, so that even if those laws or policies change in the future, use of our systems must still remain aligned with the current standards reflected in the agreement.

So, this apply only if they changes the law, not if they break the law.

"What happens if the government violates the terms of the contract?"

As with any contract, we could terminate it if the counterparty violates the terms. We don’t expect that to happen.

WE COULD [...]. Yeah, I believe

OAI: “If they stretch, reinterpret or beak the law with our systems, well, that’s on them. Good luck everybody!”

> Why could you reach a deal when Anthropic could not? Did you sign the deal they wouldn’t? Based on what we know, we believe our contract provides better guarantees and more responsible safeguards than earlier agreements, including Anthropic’s original contract.

Weak. You reached a deal that Anthropic could not because you demanded more safeguards than Anthropic?? (Based on what you know, of course).

Makes total sense!

Sam won't even sign his name to this press release.

The agreement puts no restrictions on the government beyond “all lawful purposes,” which is what Anthropic objected to.

> “ The Department of War may use the AI System for all lawful purposes… [proceeds to describe current law, with clear openings if the law changes]”

Thus, OAI is relying on the Trump administration’s interpretation of current law. Which, I will remind readers, suggests that it is legal to kill civilians on boats, kidnap foreign leaders, deploy troops in American cities, shoot American citizens protesting ICE.

Yeah I’ve cancelled my OAI sub.

I don't really have anything against OpenAI's stance here. If that's how they want it to be, they have that choice.

But Sam pretending that he wanted the same restrictions as Anthropic *and* seeing how quickly they swooped in and made a deal with the DoD really skeeves me out. (But Sam always gave me the heebie jeebies).

Anyway, I've always preferred Claude, so I'm going to happily stay a paying customer there. This may end up being a big "branding" differentiator.

If I hadn’t already canceled my account over them including ads in a paid service, I’d certainly be canceling over this. Anthropic is lucky they have some spine, otherwise they’d have been binned as well.

More Sam Altman lies. Can’t believe anything that jerk says

> AI-enabled mass surveillance is fine as long as it isn’t domestic.

> We want AI to be aligned with all of humanity.

One of many contradictions. Liars.

time to delete my account.

All this says is that all uses must remain lawful. So what? As if this admin has been a shining example of lawful behavior.

This is weak.

Well worded. Plentiful protections for themselves and others.

OpenAI basically bribed the government into attacking Anthropic, via political donations to the MAGA PAC. They couldn’t not compete with an inferior product so Altman and Brockman went this route.

As for OpenAI’s defense - not buying it.

“OpenAI’s President Gave Millions to Trump. He Says It’s for Humanity”: https://www.wired.com/story/openai-president-greg-brockman-p...

too late bro

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