Let me clear it up

The Trump administration acts cartoonish and fickle. They can easily punish one group, and then agree to work with another group on the same terms, to save face, while continuing to punish the first group. It doesn't have to make consistent sense. This is exactly how they have done with tariffs for example.

Secondly, the terms are technically different because "all lawful uses" are preserved in this OpenAI deal, and it's just lawyering to the public. Really it was about the phrase "all lawful uses", internally at the DoD I'm sure. So the lawyers were able to agree to it and the public gets this mumbo-jumbo.

I thought mass surveillance of Americans was unlawful by the DoD, CIA and NSA? We have the FBI for that, right? :)