Open AI and Anthropic respond to Defense Department demands differently

The Verge (Gift Article): How OpenAI caved to the Pentagon on AI surveillance. “Across social media and the AI industry, people immediately began to challenge Altman’s claim. Why, they asked, would the Pentagon suddenly agree to these red lines when it had said — in no uncertain terms — that it would never do so? The answer, sources told The Verge, is that the Pentagon didn’t budge. OpenAI agreed to follow laws that have allowed for mass surveillance in the past, while insisting they protect its red lines.”  “One source familiar with the Pentagon’s negotiations with AI companies confirmed that OpenAI’s deal is much softer than the one Anthropic was pushing for, thanks largely to three words: “any lawful use.” In negotiations, the person said, the Pentagon wouldn’t back down on its desire to collect and analyze bulk data on Americans. If you look line-by-line at the OpenAI terms, the source said, every aspect of it boils down to: If it’s technically legal, then the US military can use OpenAI’s technology to carry it out. And over the past decades, the US government has stretched the definition of “technically legal” to cover sweeping mass surveillance programs — and more…”

See also Mashable – “In the battle for AI supremacy, Anthropic’s Claude has just managed to dethrone OpenAI’s ChatGPT in Apple’s App Store, claiming the #1 spot as the most-downloaded free app in the United States, leaving ChatGPT in second and Google’s Gemini a distant fourth. This sudden surge in the rankings is almost certainly due to public backlash at a recent announcement by OpenAI CEO Sam Altman, released on X, that they would work with the Department of Defense (unofficially titled the Department of War) to deploy artificial intelligence through its classified networks…”

See also OpenAI Press release – Our agreement with the Department of War – “Throughout our discussions, the Department made clear it shares our commitment to ensuring our tools will not be used for domestic surveillance. To make our principles as clear as possible, we worked together to add additional language to our agreement. This language makes explicit that our tools will not be used to conduct domestic surveillance of U.S. persons, including through the procurement or use of commercially acquired personal or identifiable information. The Department also affirmed that our services will not be used by Department of War intelligence agencies like the NSA. Any services to those agencies would require a new agreement. The new language reads:

  • Consistent with applicable laws, including the Fourth Amendment to the United States Constitution, National Security Act of 1947, FISA Act of 1978, the AI system shall not be intentionally used for domestic surveillance of U.S. persons and nationals.
  • For the avoidance of doubt, the Department understands this limitation to prohibit deliberate tracking, surveillance, or monitoring of U.S. persons or nationals, including through the procurement or use of commercially acquired personal or identifiable information.

The Department of War plans to convene a working group made up of leaders from the frontier AI labs, cloud providers, and the Department’s policy and operational communities. OpenAI will participate and expect this will be an important forum for ongoing dialogue on emerging AI capabilities, privacy, and national security challenges going forward.  These updates build on the framework we announced last week and we hope will help create a pathway for other labs to work with the Department going forward…”

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