
What happened
The DC Circuit ruled the US can blacklist Anthropic under 41 U.S.C. § 4713, saying that statute requires no bad motive — unlike the narrower 10 U.S.C. § 3252.
Why it matters
The appeals court did not dispute the lower court's finding that Anthropic acted with no bad motive, yet it still upheld the designation under the broader statute.
What to watch
The outcome hinges on which statute governs; the DC Circuit holds exclusive jurisdiction over Section 4713 procurement actions, not over Section 3252 review.
WHO IT HITSGovernment contractors and AI vendors selling to federal agencies now face a broader blacklisting standard under Section 4713, since bad motive is not required to be designated a supply chain risk. Legal teams advising companies on federal procurement may need to re-examine exposure that previously depended on showing malicious conduct.
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The dispute runs through two statutes with two very different definitions of supply chain risk. The district court looked at 10 U.S.C. § 3252, where the definition is narrow: it covers only malicious actions by adversaries, and the court read words like 'sabotage,' 'maliciously introduce,' and 'otherwise subvert' as requiring bad motive. On that reading, Anthropic did not qualify. The DC Circuit agreed with that interpretation — and with the finding that Anthropic had no bad motive — but it was reviewing the blacklisting under 41 U.S.C. § 4713, a broader provision Congress paired with exclusive jurisdiction for the appeals court. Under Section 4713, the definition of supply chain risk extends to any person who may extract data or otherwise manipulate covered technology, without the malice requirement. The US designation rested on both statutes, and that dual basis is what let the appeals court reach a different result. The practical question now is whether the narrower Section 3252 ruling survives against a designation also grounded in the more permissive Section 4713 — a matter the appeals court left to the interpretation of the statutes rather than any finding about Anthropic's conduct.
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