Comment by romellem
6 hours ago
> textbook designation.
Hardly. I invite you to [read the opinion][1], particularly the great pains the majority spends on wrangling the definition of the word "manipulate."
Basically, [FASCSA][2] says to denote a company is a "supply chain risk," the govt has to meet the law's rigorous definition of what a "significant" risk actually is. That definition contains a catch-all "or otherwise manipulate the function" of the thing at hand (in this case, Claude) at the very end.
The govt's whole argument is "Well Anthropic has admitted that it can technically "manipulate" the response, therefore its a significant risk, therefore we designate it as such."
The dissent gives an analogy:
> A library might post a sign saying, “Do not shout, loudly talk on the phone, play music, or otherwise disturb others.” The common understanding would be that the rule bans bringing a boom-box into the reading room with the volume turned on high but not listening to music with headphones set at a modest sound level—even though both constitute “playing music.”
It is as if the govt argued "ah ah, Anthropic played music on their headphones, they broke the rules! We therefore have the authority to ban them" and the majority insanely agrees. It is clear to anyone with basic reading comprehension that the "manipulate" clause is supposed to continue the idea of malicious or subversive manipulation that the whole section entails. The hand-waving the majority uses gives the whole game away.
[1]: https://www.politico.com/f/?id=000001a0-d91e-d276-aff6-f97f3...
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