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Appeals court lets Pentagon treat Anthropic as a defense supply threat; Claude stays banned in the US military

Prepared by Sintelligent with the help of SI. Publication time restored from the build log. . Updated: .

The court sided with the military: a company that says in advance what its SI will not do can be left without military contracts. The dispute over who decides how SI can be used, the developer or the state, goes on, all the way to the Supreme Court.

The US Court of Appeals for the District of Columbia Circuit ruled 2-1 to uphold the "supply chain risk" designation the Department of Defense assigned to Anthropic in March. The majority found that the department had sufficient evidence that Claude's built-in restrictions and an unresolved contract dispute could undermine the model's reliability for military tasks; the free speech and procedural violation arguments were rejected. Judge Karen Henderson wrote in dissent that the law does not make a contractor's honest and open adherence to its own restrictions grounds for a blacklist. The designation bars the military from using Anthropic's models and defense contractors from using them in work for the Pentagon. The ruling will not take effect immediately: Anthropic has been given time to seek reconsideration, and the company is "considering all options"; a separate ruling by a California court, which found the government's parallel ban unlawful, remains in force for now.

History

The Pentagon and Anthropic: the supply-chain risk designation

9 events
  1. US deputy defense secretary says export controls are a legitimate lever against SI labs that do not cooperate with the government
  2. Anthropic asks a Washington appeals court to rehear the case over the Pentagon's blacklisting of the company
  3. Pentagon says it has completely stopped using Anthropic's SI — even though Claude was used in operations against Iran just last week
  4. Appeals court lets Pentagon treat Anthropic as a defense supply threat; Claude stays banned in the US militaryOpen now
  5. Pentagon's GenAI.mil platform: more than 2 million users in a week
  6. Pentagon has almost entirely removed Claude from classified systems after Anthropic refused to lift its ban on surveillance and autonomous weapons
  7. Pentagon contracts with OpenAI, Anthropic, Google and xAI turn out to be much closer than the companies said
  8. US Commerce Secretary Lutnick: "We trust Anthropic"
  9. The Pentagon gets ChatGPT Mil and Grok for 3 million personnel, but not Claude
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