AFPI Responds to Federal Court’s Ruling in Anthropic PBC v. U.S. Department of War

WASHINGTON, D.C. — The America First Policy Institute (AFPI) respectfully disagrees with the August 27 federal court decision setting aside the Department of War’s designation of Anthropic as a supply chain risk. The ruling gives too little weight to the operational uncertainty created when a mission-critical AI vendor reserves control over lawful military uses of its technology.

“Judge Lin was right that national security cannot become a phrase that ends judicial review. But the decision discounts what the Department of War must be able to demand from a mission-critical AI provider. A company may criticize the government and decline its business. It cannot reasonably expect the benefits of becoming embedded in military systems while reserving a private veto over lawful operations. The terms of war should always be defined by those most accountable to the American people and not by profit-seeking corporations,” said Joel Thayer, an attorney and Senior Fellow for AI and Emerging Technology Policy at AFPI.

AFPI filed the sole amicus brief supporting the government in the related D.C. Circuit proceeding. AFPI’s amicus brief argues that decisions about the conduct of war must remain with officials accountable to the President and the American people. A vendor’s ability to withhold, alter, or condition access to critical technology can create an operational risk even without an intent to sabotage.

That question will now be decided by the D.C. Circuit.