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Anthropic doesn’t trust the Pentagon, and neither should you
| USA | technology | ✓ Verified - theverge.com

Anthropic doesn’t trust the Pentagon, and neither should you

#Anthropic #Pentagon #lawsuit #surveillance #AI #privacy #First Amendment #supply chain risk

📌 Key Takeaways

  • Anthropic is suing the Pentagon over being labeled a supply chain risk, claiming constitutional rights violations.
  • The lawsuit highlights concerns about government surveillance and legal interpretations that expand surveillance powers.
  • Anthropic distrusts government assurances on lawful AI use for surveillance, citing historical overreach.
  • The case underscores tensions between tech companies and government over privacy, security, and regulatory authority.

📖 Full Retelling

Today we’re talking about the messy, fast-moving situation at Anthropic, the maker of Claude that now finds itself in a very ugly legal battle with the Pentagon. The back-and-forth is complicated, but as of a few days ago, the Pentagon had deemed Anthropic a supply chain risk , and Anthropic has filed a lawsuit challenging that designation , saying the government has violated its First and Fifth Amendment rights by “seeking to destroy the economic value created by one of the world’s fastest-growing private companies.” I can tell you right now: We’re going to be talking about the twists and turns of that case on The Verge and here on Decoder in the months to come. But today I wanted to take a moment and really dig in here on one very important element of this situation that’s not gotten enough attention as this has spiraled out of control: how the United States government does surveillance, the legal authority that allows that surveillance to occur, and why Anthropic was distrustful of the government saying it would follow the law when it comes to using AI to do even more surveillance. Verge subscribers, don’t forget you get exclusive access to ad-free  Decoder  wherever you get your podcasts. Head here . Not a subscriber? You can sign up here . My guest today is Mike Masnick, the founder and CEO of Techdirt , the excellent and long-running tech policy website. Mike has been writing about government overreach, privacy in the digital age, and other related topics for decades now. He’s an expert on how the internet and the surveillance state have grown up in interconnected ways. You see, there’s what the law says the government can do when it comes to surveiling us, and then what the government wants to do. And most importantly, there’s what the government says the law says it can do, which is often exactly the opposite of what any normal person simply reading the law would think . You’ll hear Mike explain in

🏷️ Themes

Government Surveillance, Legal Dispute

📚 Related People & Topics

First Amendment to the United States Constitution

First Amendment to the United States Constitution

1791 amendment limiting government restriction of civil liberties

The First Amendment (Amendment I) to the United States Constitution prevents Congress from making laws respecting an establishment of religion; prohibiting the free exercise of religion; or abridging the freedom of speech, the freedom of the press, the freedom of assembly, or the right to petition t...

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Anthropic

Anthropic

American artificial intelligence research company

# Anthropic PBC **Anthropic PBC** is an American artificial intelligence (AI) safety and research company headquartered in San Francisco, California. Established as a public-benefit corporation, the organization focuses on the development of frontier artificial intelligence systems with a primary e...

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Artificial intelligence

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Intelligence of machines

# Artificial Intelligence (AI) **Artificial Intelligence (AI)** is a specialized field of computer science dedicated to the development and study of computational systems capable of performing tasks typically associated with human intelligence. These tasks include learning, reasoning, problem-solvi...

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Pentagon

Pentagon

Shape with five sides

In geometry, a pentagon (from Greek πέντε (pente) 'five' and γωνία (gonia) 'angle') is any five-sided polygon or 5-gon. The sum of the internal angles in a simple pentagon is 540°. A pentagon may be simple or self-intersecting.

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Entity Intersection Graph

Connections for First Amendment to the United States Constitution:

👤 The Washington Post 4 shared
🏢 Ministry of justice 3 shared
👤 Ten Commandments 2 shared
🌐 Pentagon 2 shared
👤 Mark Kelly 2 shared
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Mentioned Entities

First Amendment to the United States Constitution

First Amendment to the United States Constitution

1791 amendment limiting government restriction of civil liberties

Anthropic

Anthropic

American artificial intelligence research company

Artificial intelligence

Artificial intelligence

Intelligence of machines

Pentagon

Pentagon

Shape with five sides

Deep Analysis

Why It Matters

This news matters because it represents a critical clash between national security interests and corporate/individual rights in the AI era. The Pentagon's designation of Anthropic as a supply chain risk could set precedents for how the U.S. government regulates and interacts with AI companies, potentially chilling innovation and investment. The case raises fundamental questions about government surveillance powers, corporate distrust of state actors, and how constitutional protections apply to emerging technologies. This affects not just Anthropic and its stakeholders, but all AI companies, privacy advocates, and citizens concerned about government overreach in digital surveillance.

Context & Background

  • The U.S. government has expanded surveillance capabilities through laws like the Patriot Act and FISA Amendments Act following 9/11
  • Major tech companies have previously clashed with government over surveillance, including Apple's 2016 fight against FBI demands to unlock an iPhone
  • The Pentagon has increasingly focused on AI as a strategic technology, with concerns about foreign influence and supply chain vulnerabilities
  • Anthropic's Claude is one of the leading AI models competing with OpenAI's GPT and Google's Gemini in the rapidly growing generative AI market
  • First Amendment protections for corporations have been established in cases like Citizens United v. FEC, while Fifth Amendment takings claims typically involve physical property

What Happens Next

The legal battle will likely proceed through federal courts over the coming months, with potential appeals that could reach higher courts. Congressional hearings may be called to examine the Pentagon's AI supply chain risk assessment process. Other AI companies will closely monitor the case's outcome to gauge their own regulatory risks. The government may attempt to negotiate a settlement or modify its designation criteria to address constitutional concerns while maintaining security objectives.

Frequently Asked Questions

Why would the Pentagon designate Anthropic as a supply chain risk?

The Pentagon likely views Anthropic's AI technology as potentially vulnerable to foreign influence or security breaches that could compromise military or intelligence operations. Supply chain risk designations typically involve concerns about ownership structures, data handling practices, or dependencies that could be exploited by adversaries.

What constitutional rights is Anthropic claiming were violated?

Anthropic claims violations of First Amendment rights (potentially freedom of speech or association related to their business operations) and Fifth Amendment rights (specifically the Takings Clause, arguing the government destroyed economic value without just compensation). These claims represent novel applications of constitutional protections to AI companies.

How does government surveillance relate to this case?

The article suggests Anthropic distrusts government promises about lawful surveillance use of AI technology. This reflects broader concerns that AI capabilities could dramatically expand government surveillance powers beyond current legal frameworks and oversight mechanisms.

What precedent could this case set for AI regulation?

This case could establish whether national security concerns justify restrictive designations of AI companies without due process. The outcome may influence how other agencies regulate AI development and determine the balance between innovation and security in critical technologies.

How might this affect other AI companies?

Other AI companies face increased uncertainty about government relationships and potential designations. A ruling favoring Anthropic could provide protections against arbitrary government actions, while a ruling favoring the Pentagon might encourage more aggressive security-focused regulation of the AI industry.

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Original Source
Today we’re talking about the messy, fast-moving situation at Anthropic, the maker of Claude that now finds itself in a very ugly legal battle with the Pentagon. The back-and-forth is complicated, but as of a few days ago, the Pentagon had deemed Anthropic a supply chain risk , and Anthropic has filed a lawsuit challenging that designation , saying the government has violated its First and Fifth Amendment rights by “seeking to destroy the economic value created by one of the world’s fastest-growing private companies.” I can tell you right now: We’re going to be talking about the twists and turns of that case on The Verge and here on Decoder in the months to come. But today I wanted to take a moment and really dig in here on one very important element of this situation that’s not gotten enough attention as this has spiraled out of control: how the United States government does surveillance, the legal authority that allows that surveillance to occur, and why Anthropic was distrustful of the government saying it would follow the law when it comes to using AI to do even more surveillance. Verge subscribers, don’t forget you get exclusive access to ad-free  Decoder  wherever you get your podcasts. Head here . Not a subscriber? You can sign up here . My guest today is Mike Masnick, the founder and CEO of Techdirt , the excellent and long-running tech policy website. Mike has been writing about government overreach, privacy in the digital age, and other related topics for decades now. He’s an expert on how the internet and the surveillance state have grown up in interconnected ways. You see, there’s what the law says the government can do when it comes to surveiling us, and then what the government wants to do. And most importantly, there’s what the government says the law says it can do, which is often exactly the opposite of what any normal person simply reading the law would think . You’ll hear Mike explain in
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