I think it's dumber than that; the terms of the contract, as posted by OpenAI (https://openai.com/index/our-agreement-with-the-department-o...), are basically just "all lawful purposes" plus some extra words that don't modify that in any significant way.

> 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.

> 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.

So it seems that Anthropic's terms were 'no mass domestic surveillance or fully autonomous killbots', the government demanded 'all lawful use', and the OpenAI deal is 'all lawful use, but not mass domestic surveillance or fully autonomous killbots... unless mass domestic surveillance or fully autonomous killbots are lawful, in which case go ahead'.