> Does announcing a spying operation mean that it is no longer spying?

Well, kind of, yeah; the dictionary definition of spying requires secrecy and lack of consent.

> to secretly collect and report information about the activities of another country or organization[0]

The only real debate is whether or not having a clause tucked away in a EULA that few people read makes it a secret. If Anthropic had a big flashing red banner that said "FYI we automatically flag and review any conversations about illegal things!!" on the front page nobody would call it spying.

[0] https://dictionary.cambridge.org/dictionary/english/spying

> Presumably, Anthropic did the spying and the reporting.

You don’t need to presume. Anthropic reported it.

“Spying” as a legal concept has a definition that does not apply here. You could say they were “spying” in the sense that they read someone’s input, but that’s literally what they said they were going to do in the agreement when the person signed up.

So I responded to the question about the case being thrown out for “spying” by trying to show that the word doesn’t apply in the legal sense. If you sign up for a service that says “Hey we’re going to monitor your chats and might report things to the authorities” and then they monitor your chats and report things to the authorities, you should not expect the case to be thrown out for “spying”.

There is no spying by any definition. It's a chatbot, not a diary. Anthropic is expected to read the message and respond to it in some way. If you sent an email to a colleague threatening violence, you would not be surprised to find out it was reported.