Comment by metalspot
7 days ago
The order is limited to DeepSeek as a corporate entity and "implementations" means third party software that purchases and uses products directly from DeepSeek.
> For purposes of this Order, an individual or business is an "affiliated entity" or "affiliate" of DeepSeek AG if, directly or indirectly, either one controls or can control the other; or a third party controls or can control both.
This does not apply to open model weights, which are not a product or service, and does not apply to independent hosts of model weights if they have no affiliation with DeepSeek as defined.
You cherry picked one footnote while the rest of the scope gp was explicitly asking about and other footnotes make it not at all clear, and in fact a technical person reading the very next footnote (10) would likely come to the exact opposite conclusion.
> This Exclusion and Removal Order direct Federal civilian agencies⁸ to: (1) *exclude* DeepSeek, DeepSeek-affiliated entities⁹, and their products from civilian agency procurements,¹⁰ and (2) *remove* products provided by DeepSeek and DeepSeek entities, and third-party products and services developed using DeepSeek implementations, from civilian agency information technology systems.¹¹
> ⁹ For purposes of this Order, an individual or business is an "affiliated entity" or "affiliate" of DeepSeek AG if, directly or indirectly, either one controls or can control the other; or a third party controls or can control both. See 48 C.F.R. § 2.101 (definition of "affiliates").
> ¹⁰ To include third party implementations of DeepSeek used to provide products and services civilian agencies.
> ¹¹ Pursuant to 41 U.S.C. § 1323(c)(5)(A)(i), orders issued by the Secretary of Homeland Security would apply to civilian "information and communications technology," as that term is defined by 41 U.S.C. § 1321(5).
> "implementations" means third party software that purchases and uses products directly from DeepSeek.
That's not obvious to me, and quoting a part of the order about affiliated entities doesn't explain it. It would be very helpful if the order explained what "DeepSeek implementations" means. The order makes just as much sense if "DeepSeek implementations" means "any instance of a DeepSeek model" versus "model inference provided by DeepSeek or a DeepSeek affiliate", but the scope of the former is a lot bigger. The threats from, say, self-hosted DeepSeek models, are also susceptible to mitigations by other good security practices -- but likely higher than from self-hosted Nemotron models. (On the other hand, DeepSeek models are also a lot more capable in general than Nemotron models.)
The legal language is important here. In this context "DeepSeek" is referring back to the corporate entity "Hangzhou DeepSeek Artificial Intelligence Co., Ltd (DeepSeek)" and from a legal document interpretation perspective this is not disputable at all. So an "implementation" of DeepSeek must mean a third party product that uses a DeepSeek product.
If you read the justifications for the order, there are zero mentions of open weights data or associated risks, and everything focuses on the use of DeepSeek commercial products with regards to their being hosted in China. The only mention that maybe could apply is "The models themselves may contain malware or other security vulnerabilities." but this is followed with another reference to a DeepSeek commercial product: "Indeed, open-source security research has found that the DeepSeek iOS mobile application contains multiple critical vulnerabilities."
The findings that form the basis of the order make no claims or references to open weights data at all, and plainly focus entirely on DeepSeek commercial products, so any attempt to apply the order to open weights data used by non-DeepSeek affiliated inference providers has not basis at all.
Yes, the legal language is important. That's why it would have helped a lot if the order either defined "DeepSeek implementations" or said "DeepSeek products or services" in place of "DeepSeek implementations". The order uses different terms, and different terms normally have different meanings.
In particular, footnotes 10 and 13 seem to outright forbid using third-party inference providers of DeepSeek models, and the use of "implementation" there matches a broad meaning of "running a DeepSeek model" in the rest of the order.
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