Easy way to summarize it: "You're not allowed to do these things, except for all of the laws that allow you to do these things."
Easy way to summarize it: "You're not allowed to do these things, except for all of the laws that allow you to do these things."
It’s a non-clause that is written to sound like they are doing something to prevent these uses when they aren’t. “You are not allowed to do illegal things” is meaningless, since they already can’t legally do illegal things. Plus the administration itself gets to decide if it meets legal use.
> “You are not allowed to do illegal things” is meaningless, since they already can’t legally do illegal things.
That's not quite right.
First off, I don't expect that "you used my service to commit a crime" is in and of itself enough to break a contract, so having your contract state that you're not allowed to use my service to commit a crime does give me tools to cut you off.
Second, I don't want the contract to say "if you're convicted of committing a crime using my service", I want it to say "if you do these specific things". This is for two reasons. First, because I don't want to depend on criminal prosecutors to act before I have standing. Second, because I want to only have to meet the balance of probabilities ("preponderance of evidence" if you're American) standard of evidence in civil court, rather than needing a conviction secured under "beyond a reasonable doubt" standard. IANAL, but I expect that having this "you can't do these illegal things except when they aren't illegal" language in the contract does put me in that position.
I don’t think the language does, or is intended to, give OpenAI any special standing in the courts.
They literally asked the DoD to continue as is.
Their is no safety enforcement standing created because their is no safety enforcement intended.
It is transparently written, as a completely reactive response to Anthropic’s stand, in an attempt to create a perception that they care. And reduce perceived contrast with Anthropic.
If they had any interest in safety or ethics, Anthropic’s stand just made that far easier than they could have imagined. Just join Anthropic and together set a new bar of expectations for the industry and public as a whole.
They could collaborate with Anthropic on a common expectation, if they have a different take on safety.
The upside safety culture impact of such collaboration by two competitive leaders in the industry would be felt globally. Going far beyond any current contracts.
But, no. Nothing.
Except the legalese and an attempt to misleadingly pass it off as “more stringent”. These are not the actions of anyone who cares at all about the obvious potential for governmental abuse, or creating any civil legal leverage for safe use.
> except for all of the laws that allow you to do these things.
It's even worse than that, because this administration has made it clear they will push as hard as possible to have the law mean whatever they says it means. The quoted agreement literally says "...in any case where law, regulation, or Department policy requires human control" - "Department policy" is obviously whatever Trump says it is ("unitary executive theory" and all that), and there are numerous cases where they have taken existing law and are stretching it to mean whatever they want. And when it comes to AI, any after-the-fact legal challenges are pretty moot when someone has already been killed or, you know, the planet gets destroyed because the AI system decide to go WarGames on us.
Let me clear it up
The Trump administration acts cartoonish and fickle. They can easily punish one group, and then agree to work with another group on the same terms, to save face, while continuing to punish the first group. It doesn't have to make consistent sense. This is exactly how they have done with tariffs for example.
Secondly, the terms are technically different because "all lawful uses" are preserved in this OpenAI deal, and it's just lawyering to the public. Really it was about the phrase "all lawful uses", internally at the DoD I'm sure. So the lawyers were able to agree to it and the public gets this mumbo-jumbo.
I thought mass surveillance of Americans was unlawful by the DoD, CIA and NSA? We have the FBI for that, right? :)
Sure, but OpenAI is also being disingenuous here pretending they’re operating under the same principles Anthropic is. It’s not and the things they’re comfortable with doing Anthropic said they’re not