Court rules Pentagon can blacklist Anthropic for refusing to enable Claude features
"Overly constrained AI models" could cause military operations to fail, judges say.
Two courts have been reviewing the US blacklisting of Anthropic. A judge in US District Court for the Northern District of California ruled last month that the action was illegal because Anthropic does not meet the definition of a supply-chain risk, which is limited to “the risk that an adversary may sabotage, maliciously introduce unwanted function, or otherwise subvert… a covered system.”
Today’s ruling from the DC Circuit did not dispute the district court’s primary finding. But it said the district court was tasked with reviewing whether the decision was allowed under one law while the appeals court has exclusive jurisdiction to review the decision under a different, more permissive grant of authority.
The district court decision found a violation of 10 U.S.C. § 3252, in which supply chain risks are limited to malicious actions by adversaries. The appeals court reviewed the blacklisting under 41 U.S.C. § 4713, which doesn’t have the same restrictions. Notably, Congress gave the DC Circuit appeals court exclusive jurisdiction to review procurement actions taken under Section 4713 designations.…
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