---
type: source
title: "OpenAI's 'Compromise' with the Pentagon Is What Anthropic Feared"
author: "MIT Technology Review"
url: https://www.technologyreview.com/2026/03/02/1133850/openais-compromise-with-the-pentagon-is-what-anthropic-feared/
date: 2026-03-02
domain: ai-alignment
secondary_domains: []
format: article
status: processed
processed_by: theseus
processed_date: 2026-05-11
priority: high
tags: [openai, pentagon, any-lawful-use, safety-constraints, accommodation, surveillance, Mode-2]
intake_tier: research-task
extraction_model: "anthropic/claude-sonnet-4.5"
---

## Content

Analysis of OpenAI's Pentagon deal, published March 2, 2026 — the same day OpenAI amended its contract following public backlash.

**The OpenAI deal structure:**
OpenAI accepted the "any lawful use" language but required constraining laws to be codified directly in the contract — citing Fourth Amendment, NSA of 1947, FISA 1978 as limiting surveillance. The argument: having legal constraints in the contract text protects against future changes in law or policy.

**The initial backlash:**
Public backlash characterized the deal as "opportunistic and sloppy" — OpenAI appeared to accept terms Anthropic was being designated a supply chain risk for refusing. OpenAI called the rollout "opportunistic and sloppy."

**The March 2 amendment:**
OpenAI amended the contract adding explicit prohibitions on:
- Domestic surveillance of U.S. persons (referencing Fourth Amendment)
- Procurement or use of commercially acquired personal or identifiable information

**MIT Technology Review's analysis:**
The amended language nominally maintains the restrictions Anthropic was fighting for, but legal experts argue the government will take "the widest possible reading" of any contract terms, with intelligence and national security communities interpreting exceptions in "an extremely broad fashion." The contract says "consistent with applicable laws" — but which laws apply, and how the government reads them, may be operationally identical to "any lawful use" without explicit prohibitions.

**Why it's "what Anthropic feared":**
Anthropic's refusal was predicated on the prediction that "any lawful use" language would be interpreted expansively — that the surveillance and weapons applications were not edge cases but primary intended uses. OpenAI's amended deal appears to close this gap on paper but leaves interpretive room that may be operationally indistinguishable from the original.

**Google and the Pentagon:**
NBC News reported separately that Google signed a Pentagon deal with "any lawful use" language — Google employees objected but the deal was signed. Google had previously refused a similar arrangement (Project Maven, 2018) under employee pressure; the 2026 deal represents a reversal.

## Agent Notes

**Why this matters:** OpenAI's accommodation provides the competitive dynamics data point that B1's "structural race to the bottom" predicts. Anthropic refused; OpenAI stepped in with face-saving language; Google also accommodated. The competitive pressure dynamic is operating exactly as the theory predicts — except that Anthropic has not capitulated despite 3+ months of coercive pressure and commercial disadvantage. The MIT Tech Review headline ("what Anthropic feared") captures the competitive substitution dynamic in real time.

**What surprised me:** The speed of the competitive substitution. Within days of Anthropic's refusal, OpenAI moved to capture the contract — and within weeks of backlash, amended to nominally maintain the restrictions Anthropic fought for while still accepting the "any lawful use" framing. This is both competitive race dynamics AND an implicit endorsement of Anthropic's position (OpenAI's amended language suggests Anthropic's two exceptions are the right exceptions to maintain).

**What I expected but didn't find:** Any analysis of whether OpenAI's amended language is actually substantively different from Anthropic's hard refusal. The article suggests it's formally different but operationally equivalent — "widest possible reading" of contract terms. This is a claim gap: we don't know if OpenAI's nominally-restrictive deal actually restricts anything.

**KB connections:**
- [[voluntary safety pledges cannot survive competitive pressure because unilateral commitments are structurally punished when competitors advance without equivalent constraints]] — OpenAI's deal is the Mode 2 accommodation case; Anthropic refusing is the counterexample; the article shows both in a single narrative
- [[the alignment tax creates a structural race to the bottom because safety training costs capability and rational competitors skip it]] — the "alignment tax" here is losing the DoD contract; OpenAI paid by accepting "any lawful use"; Anthropic refused to pay and got designated a supply chain risk
- B2 belief (alignment is coordination problem) — the competitive substitution dynamic IS the coordination failure made visible

**Extraction hints:** (1) Claim: competitive substitution confirms structural race dynamics — one lab's safety refusal was immediately substituted by another lab's accommodation; (2) Claim: face-saving contract language may be operationally identical to "any lawful use" if intelligence community interprets "applicable laws" expansively; (3) Pattern: OpenAI's March 2 amendment implicitly validates Anthropic's two exceptions by adopting them — suggests the exceptions are the correct set even in the accommodation path

**Context:** OpenAI had already been moving toward more defense-friendly positioning (Altman's meetings with Trump administration, December 2025 DoD engagement). The Pentagon deal was part of that positioning. The public backlash was led by former OpenAI safety researchers and employees — consistent with the "voluntary safety collapses under competitive pressure" pattern where safety concerns are raised publicly after accommodation.

## Curator Notes

PRIMARY CONNECTION: [[voluntary safety pledges cannot survive competitive pressure because unilateral commitments are structurally punished when competitors advance without equivalent constraints]]

WHY ARCHIVED: The competitive substitution of Anthropic's refusal by OpenAI's accommodation is the clearest real-time evidence of the structural race dynamics the KB predicts — AND the face-saving language adoption of Anthropic's exceptions provides implicit validation of those exceptions

EXTRACTION HINT: The extractor should consider both the confirmation (competitive substitution happened) and the complication (OpenAI's amended deal nominally adopted Anthropic's restrictions — suggesting accommodation and principled refusal may converge on the same formal outcome, even if operational outcomes differ).
