How OpenAI caved to the Pentagon on AI surveillance | The Verge

One source familiar with the Pentagon’s negotiations with AI companies confirmed that OpenAI’s deal is much softer than the one Anthropic was pushing for, thanks largely to three words: “any lawful use.” In negotiations, the person said, the Pentagon wouldn’t back down on its desire to collect and analyze bulk data on Americans. If you look line-by-line at the OpenAI terms, the source said, every aspect of it boils down to: If it’s technically legal, then the US military can use OpenAI’s technology to carry it out. And over the past decades, the US government has stretched the definition of “technically legal” to cover sweeping mass surveillance programs — and more.

In the years after 9/11, US intelligence agencies ramped up a surveillance system that they determined fell within the legal limits OpenAI cites, including multiple mass domestic spying operations (along with apparently highly invasive international ones). In 2013, National Security Agency intelligence contractor Edward Snowden revealed the extent of some of these programs, such as reportedly collecting telephone records of Verizon customers on an “ongoing, daily” basis, and gathering bulk data on individuals from tech companies like Microsoft, Google, and Apple via a secretive program called PRISM. Despite promises of reform from intelligence agencies and attempts at legal changes, few significant limits to these powers were enacted. Mike Masnick, founder of Techdirt, said online that OpenAI’s deal “absolutely does allow for domestic surveillance. EO 12333 is how the NSA hides its domestic surveillance by capturing communications by tapping into lines outside the US even if it contains info from/on US persons.”