A US appeals court today approved the Department of Defense's blacklisting of Anthropic technology. Judges decided the Trump administration had authority to blacklist Anthropic for withholding certain AI features from the military even if Anthropic had no malicious intent.
In a 2-1 ruling issued by the US Court of Appeals for the District of Columbia Circuit, a panel of judges said the "case raises profoundly difficult questions about the appropriate military uses of an almost unimaginably powerful new technology." The US "raises the deeply sobering prospect of overly constrained AI models shutting down unexpectedly and thus causing important military operations to fail. Anthropic raises the deeply sobering prospect of unconstrained AI models hallucinating inappropriate targets for lethal military force," the ruling said.
Trump and Defense Secretary Pete Hegseth "must determine how best to balance the competing risks," the court said. "In doing so here, the Secretary did not transgress any limits on his authority under the Supply Chain Security Act or the Constitution. Accordingly, we deny the petitions for review." The same court previously denied Anthropic's emergency motion for a stay in April.