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D.C. Circuit sides with Department of War in classifying Anthropic model as risk to national security per 41 U.S.C. § 4713. Contrary to decision on “supply chain risk” per 10 U.S.C. § 3252 by ND California court.

Well, there may be a reason Anthropic apparently was not invited to the State Dinner for China Pres. Xi Jinping. The company is still engaged in 2 lawsuits against the Department of War. Today, the D.C. Circuit, in a 2-1 decision, sided with the Department of War’s classification of Anthropic’s model as a risk to national security under 41 U.S.C. § 4713.

The standard of review was whether DoW’s decision was “reasonable and reasonably explained.”

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The D.C. Circuit distinguished Judge Rita Lin’s finding that the Department of War violated Anthropic’s First Amendment rights in classifying its models as a “supply chain risk” under 10 U.S.C. § 3252.

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