New episode: @alanrozenshtein.com talks to @jassipannu.bsky.social and Doni Bloomfield about why governing biological data may be the most urgent AI risk policymakers aren't paying enough attention to. podcasts.apple.com/us/podcast/s...

Oh wow today's Anthropic hearing is going to be brutal for the government. storage.courtlistener.com/recap/gov.us...

Ladies and gentlemen, the president of the United States.

I’ve noticed a lot more engagement recently (and as reflected here) in this issue among law professors on this issue. When @kevintfrazier.bsky.social and I wrote our piece about this a year ago we sometimes had to convince people to care. Not anymore. papers.ssrn.com/sol3/papers....

This is the key point. From the other place:

The Pentagon's decision to end its relationship with Anthropic by designating it a supply chain risk bypassed the ordinary procurement system Congress built for contract disputes. The court should push back—by making the Defense Department follow the law, writes @alanrozenshtein.com.

In light of the gov's opp. motion in the Anthropic-DOD case, I have a new @lawfaremedia.org piece arguing for a narrow injunction against the supply chain risk designation and Trump's gov-wide order but that allows the gov to cancel individual Ant contracts. www.lawfaremedia.org/article/the-...

Here's the government's response to Anthropic's lawsuit. Nothing much new here. www.courtlistener.com/docket/72379... 1/6

This was one of the most fun and provocative @scalinglaws.bsky.social conversations I've had in a while!

When you've lost John Bolton on war in Iran...

Want to learn the basics about the 2 laws the govt is using vs Anthropic? My @lawfaremedia.org colleague @alanrozenshtein.com has submitted this amicus brief, which is a terrific primer. He's a prof at @umnlawschool.bsky.social & ex-DOJ Nat Sec Div atty. storage.courtlistener.com/recap/gov.us...

I just filed an amicus brief in the Anthropic-DOD litigation, arguing that the Pentagon's "designation of Anthropic cannot be reconciled with the history and structure of the two statutory authorities the Department invokes." www.courtlistener.com/docket/72379...

Thanks to @legalafmtn.bsky.social for having me to talk about the Anthropic-Pentagon fight. www.youtube.com/watch?v=tszq...

Fight! Fight! Fight! @jmiers230.bsky.social our frenemy story arc is going to be epic. To the octagon! reason.com/2026/03/11/a...

“There’s an extraordinarily deep and important issue lurking somewhere here, which is, what should the relationship be between the government and the AI industry?” @alanrozenshtein.com interviewed by @rollingstone.com and @reuters.com about the impasse between the DOD and Anthropic. z.umn.edu/b595

Listening in to the status conference in Anthropic v. Department of War in NDCal. (Yes, Department of War is the name on the docket.) May be uneventful, but will post here if there’s anything of interest!

Or, condensed down for my fellow First Amendment tech law nerds: the Bernstein cases don’t mean what everyone claims they mean. Not all code is speech!

::ducks:: www.nytimes.com/interactive/...

I have enormous respect for FIRE but I think this First Amendment argument for Anthropic is a mistake and a very dangerous position—we don't want everything an AI does to be covered by the First Amendment. www.fire.org/research-lea...

It's a very strong complaint and I think Anthropic will win, especially on the statutory (APA) grounds. But I do find this paragraph striking, and not in a good way. I think Anthropic has a strong 1A argument on retaliation for its public statements...

This is good—not so much because it will convince the judge (though it might), but because it's a way of building norms of solidarity within Silicon Valley.

"From the government's perspective, Claude does pose some concerning vendor reliability issues. But the specific actions Hegseth and Trump took have serious legal problems," writes Michael Endrias and @alanrozenshtein.com.

"Narrator: He was indeed being diplomatic." www.theatlantic.com/technology/2...

Really appreciated the opportunity to talk to @brookegladstone.bsky.social @onthemedia.bsky.social about the Anthropic-OpenAI-Pentagon mess. www.wnycstudios.org/podcasts/otm...

Today's Lawfare Daily is a @scalinglaws.bsky.social ep where @alanrozenshtein.com spoke with Cullen O'Keefe and @kevintfrazier.bsky.social about their paper which argues that AI systems can automate many regulatory compliance tasks, loosening the trade-off between safety and innovation in AI policy.

Unconditional surrender: neither unconditional nor surrender. Talk amongst yourselves!

I may have been too hasty here (in which case apologies): if the bill is limited to output that would qualify as unauthorized practice of law/medicine/etc., that would be much more legally defensible. Whether that's good policy or instead rent-seeking guild protection is a separate question, though.

I joined Elisa Poteat on the ABA's National Security Law Today podcast to talk about the Pentagon-Anthropic standoff. www.americanbar.org/groups/law_n...

Seems plausible. @kevintfrazier.bsky.social and I predicted this in a (ironically) law review forthcoming later this year. papers.ssrn.com/sol3/papers....

Banger of a crossover episode today between @scaling_laws and "AI Summer" with @deanwb.bsky.social and @binarybits.bsky.social on the Anthropic/OpenAI/Pentagon situation (note that we recorded this on Wed. before DOD designated Anthropic a supply chain risk). podcasts.apple.com/us/podcast/s...

To clarify, I’m referring to the First Amendment rights of individuals (“listeners” as the doctrine calls them) to access information.

Tomorrow at 4pm ET, @benjaminwittes.lawfaremedia.org will sit down with @rparloff.bsky.social, @alanrozenshtein.com, @mollyroberts.bsky.social, and Troy Edwards to discuss a contempt hearing in Minnesota, a lawsuit challenging President Trump’s TikTok deal, and more.

First Amendment anyone?

Everyone it’s fine, she’ll have more time to spend with her dogs.

LET'S GOOOOOOOOO!!! www.nbcnews.com/politics/jus...

Reason number 1000 why MSP is the best airport in the country: it’s 9 AM and someone is playing an extremely good rendition of Angel Eyes on vibraphone.

He's one temper tantrum away from trying to ban paella and tapas bars.

Anthropic is so dangerous it needs to be labeled a supply chain risk and obliterated. But wait, actually it's so critical that maybe the government needs to force it to sell its services to the government. Come on guys, what are we doing here? www.semafor.com/article/03/0...

Announcing our new podcast: Minnesota Law Now! In Ep 1: Presidential Power in the Trump Era, @wmcgeveran.bsky.social asks @nicholasbednar.bsky.social ’16 and @alanrozenshtein.com how executive actions, court challenges, and institutional resistance are redefining the presidency. z.umn.edu/b4cv

On Lawfare Daily, @benjaminwittes.lawfaremedia.org sat down with @alanrozenshtein.com to discuss the Pentagon's designation of Anthropic as a supply chain risk, the reaction from Anthropic and other AI companies, and the legal challenges the designation will likely face. youtube.com/live/KLFhAk6...

"What the government can do, merely by dint of being the government, is scare the crap out of investors and enterprise clients of a company like Anthropic." @benjaminwittes.lawfaremedia.org and @alanrozenshtein.com discuss the importance of the fight between Anthropic and the Pentagon.

Livestream available here www.youtube.com/watch?v=KLFh....

This is actually how I expect the DOD-Anthropic standoff to end: with some unfavorable court rulings against the government and then a quiet retreat some months down the line.

On Feb. 27, Defense Secretary Pete Hegseth designated Anthropic—the maker of the AI model Claude—a supply chain risk to national security. Michael Endrias and @alanrozenshtein.com explain what this designation does and the legal challenges it will likely face.

Today at 3:30 PM ET, @benjaminwittes.lawfaremedia.org will sit down with @alanrozenshtein.com to discuss the Pentagon's designation of AI company Anthropic as a supply chain risk, the implications of the designation, and what Anthropic's likely response will be.

A deep dive in @lawfaremedia.org on the many legal problems with the Pentagon's designation of Anthropic as a supply chain risk. www.lawfaremedia.org/article/pent...

Because of course.

The current AI debate badly needs to separate three distinct questions: (1) To what extent should companies be able to restrict the government from using their systems?