Court upholds Pentagon blacklist

The U.S. Court of Appeals for the District of Columbia Circuit upheld the Pentagon's designation of Anthropic as a supply chain risk on Friday in a two to one decision.

Anthropic's objections to the ban

Anthropic argued the government retaliated over its opposition to using its AI for lethal autonomous warfare or mass surveillance of Americans, violating First Amendment and due process rights.

The majority's reasoning

The court majority said the Pentagon had enough evidence that Claude's built-in restrictions and the unresolved contract dispute could make it unreliable for military operations.

Judge Henderson's dissent

Judge Karen LeCraft Henderson disagreed, writing that the law does not treat a contractor's honest and upfront enforcement of restrictions as a supply chain risk permitting blacklisting.

“a contractor's honest and upfront enforcement of restrictions”

Conflicting ruling in parallel case

In a separate lawsuit, U.S. District Judge Rita Lin ruled in August that the government's actions were based on a desire to make a public example out of Anthropic for its arrogance in criticizing the government.

“were based on a desire to make a public example out of Anthropic for its 'arrogance' in criticizing the government”

Anthropic vows to fight on

Anthropic said it disagreed with the appellate decision and is considering all options, including further review, while another federal court has already held the parallel designation unlawful.

“Another federal court has already held the government's parallel designation unlawful. We remain confident in our position and are considering all options, including further review.”