Federal appeals court upholds Pentagon designation of Anthropic as supply chain risk

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A federal appeals court in Washington DC ruled 2-1 that the Pentagon lawfully designated Anthropic a supply chain risk, blocking Claude AI models from military use. The decision contradicts an earlier California ruling that struck down a parallel designation, leaving Anthropic in legal limbo as it prepares for its IPO.

Federal Appeals Court Upholds Pentagon's National Security Risk Label

A federal appeals court in Washington DC delivered a significant blow to Anthropic on Friday, upholding the Pentagon's designation of the AI company as a supply chain risk in a 2-1 decision

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. The US Court of Appeals for the District of Columbia Circuit rejected Anthropic's arguments that the US Department of Defense acted arbitrarily and unconstitutionally when it blacklisted the company from government contracts

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Source: Fast Company

Source: Fast Company

Circuit Judge Gregory Katsas, writing the majority opinion alongside Circuit Judge Neomi Rao, stated that "the Department had ample support for its conclusion that the continued integration of Claude into the Department's information systems, by the Department or its contractors, presented a statutorily covered national-security risk"

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. Circuit Judge Karen LeCraft Henderson dissented from the ruling

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Contract Dispute Over Autonomous Weapons and Mass Surveillance

The legal battle stems from a $200 million contract dispute that erupted earlier this year between the Trump administration and Anthropic

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. Anthropic executives insisted their Claude AI models not be deployed for lethal autonomous warfare or domestic surveillance of Americans. Secretary of Defense Pete Hegseth deemed this stance a significant national security risk and formally designated Anthropic under supply-chain laws, requiring the removal of Claude AI models from military and federal government systems

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The court noted that Anthropic encodes restrictions into Claude that prevent the model from performing certain tasks. These restrictions had "more than once stopped Claude from doing tasks government users asked for," and disputes arose over whether contract terms would bar Claude's use in ongoing overseas military operations

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Source: The Next Web

Source: The Next Web

Anthropic's Constitutional Claims Rejected

The majority opinion dismissed Anthropic's claims that its due process and free speech rights were violated. The judges determined that the Pentagon "excluded Anthropic from its supply chain based on the company's refusal to assent to a contract term that the Department deemed essential, not based on the company's support for greater governmental regulation of AI technology"

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. The court found this to be standard contract negotiations rather than retaliation for protected speech

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However, the dissenting judge, Karen LeCraft Henderson, disagreed with how the majority interpreted the 2018 supply chain security law. She argued that Congress passed the law to address hostile states and bad actors infiltrating federal systems through suppliers, which does not cover a contractor's "honest and upfront enforcement of restrictions" on government use of its product

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Conflicting Court Rulings Create Uncertainty

Anthropic faces a complex legal situation as the Pentagon sanctioned the company under two separate supply-chain laws, requiring challenges in different courts

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. While the DC appeals court upheld one designation, a federal judge in San Francisco struck down the other supply chain risk label in March and confirmed that decision in August

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This split leaves Anthropic in an awkward position as it prepares for a highly anticipated initial public offering later this year

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. Anthropic spokesperson Danielle Cohen stated the company "remains confident in our position and is considering all options," which could include appealing to a broader panel of the DC Circuit Court of Appeals or the US Supreme Court

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Business Impact and Competitor Positioning

Anthropic has stated the designation cost it billions of dollars in lost business and damaged its reputation

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. In the immediate aftermath, the company reported losing revenue as customers grew concerned about doing business with a government pariah

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. Despite this setback, Anthropic has generally touted growing sales in recent months.

Source: New York Post

Source: New York Post

Meanwhile, the Pentagon has not provided detailed updates about replacing Claude with alternatives such as SpaceX's Grok, Google Gemini, or OpenAI's GPT models

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. Some employees at Google and OpenAI have objected to their employers pursuing deals with the US military that Anthropic rejected, citing ethical concerns. However, both companies have described supporting the US government as crucial and brushed aside internal protests

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The Friday ruling means the Pentagon's Anthropic blacklisting can continue indefinitely, though both court decisions face the prospect of years of appeals before being fully resolved

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