The conflict between Anthropic and the Department of War has now moved to the courts, where Anthropic has challenged the official supply chain risk designation as well as the order to remove it from systems across the government, claiming retaliation for protected speech. It will take a bit to work its way through the courts.

Anthropic has the principles of law on its side, a maximally strong set of facts and absurdly strong amicus briefs. If Anthropic loses this case, there will be far reaching consequences for our freedoms.

Let us hope this remains in the courts and is allowed to play out there, and then ultimately that negotiations can resume and the parties can at least agree on a smooth transition to alternative service providers. If DoW wants an otherwise full deal more than it wants the right to use Claude to monitor Americans and analyze their data, a full deal is possible as well, but if they demand full ‘all lawful use,’ all trust has been lost or they are or always were out to hurt Anthropic, then there is no deal or ZOPA.