Jeremy Lewin's tweet referenced that "all lawful use" is the particular term that seems to be a particular sticking point.
While I don't live in the US, I could imagine the US government arguing that third party doctrine[0] means that aggregation and bulk-analysis of say; phone record metadata is "lawful use" in that it isn't /technically/ unlawful, although it would be unethical.
Another avenue might also be purchasing data from ad brokers for mass-analysis with LLMs which was written about in Byron Tau's Means of Control[1]
[0] https://en.wikipedia.org/wiki/Third-party_doctrine
[1] https://www.penguinrandomhouse.com/books/706321/means-of-con...
The term lawful use is a joke to the current administration when they go after senators for sedition when reminding government employees to not carry out unlawful orders. It’s all so twisted.
To be clear, the sticking point is actually that the DoD signed a deal with Anthropic a few months ago that had an Acceptable Use Policy which, like all policies, is narrower than the absolute outer bounds of statutory limitations.
DoD is now trying to strongarm Anthropic into changing the deal that they already signed!