In Chatrie, the Court did what it should have done in Carpenter: find that there was a Fourth Amendment search but be flexible on what counts as valid predication. papers.ssrn.com/sol3/papers....

@robertwrighter.bsky.social has written a terrific new book about AI. I got to talk with him about it on @scalinglaws.bsky.social. podcasts.apple.com/us/podcast/t...

Turns out the U.S. did achieve unconditional surrender in the war in Iran...it was just our own surrender, not Iran's. www.nytimes.com/2026/06/17/u...

"Even if Anthropic persuades the government to lift the control, the deeper question will remain: whether there should be, and if so under what circumstances, a licensing regime for frontier AI," writes @alanrozenshtein.com.

On Friday, Anthropic received a letter from the Trump administration ordering the company to suspend all access to its Fable 5 and Mythos 5 AI models for foreign nationals. @alanrozenshtein.com explains the likely legal authority behind these export controls.

My latest on the Fable export control order, for @lawfaremedia.org. www.lawfaremedia.org/article/a-ki...

If the USG’s export controls on Fable continue, it might set up the first big First Amendment case of the AI era.

I'm tired of winning.

The response to this should be fun to watch. www.vanderbilt.edu/principles/s...

Excellent line: "Edison said that genius is 1% inspiration and 99% perspiration. But we see perspiration becoming increasingly automated." www.anthropic.com/institute/re...

Yikes! www.stephenbainbridge.com/p/the-social...

"Voluntary" isn't the floor of frontier AI policy in the Trump WH—it's the ceiling. And even that couldn't survive a few last-minute calls from industry. @kevintfrazier.bsky.social and @alanrozenshtein.com on what was killed in the AI EO and what comes next: www.lawfaremedia.org/article/ai-g...

On the AI cybersecurity executive order that wasn't, with @kevintfrazier.bsky.social in @lawfaremedia.org. www.lawfaremedia.org/article/ai-g...

wow. Judge Henderson of DC Circuit (tho maybe her alone) is not at all buying DoD's "supply chain risk" designation of @anthropic.com . "For the life of me I don't see any evidence of maliciousness ... sabotage ... [or other words in definition]. To me this is just spectacular overreach by the dept"

Recent reporting suggests that President Trump plans to sign an executive order promoting information sharing between AI labs and the government to identify risks by new models. @kevintfrazier.bsky.social and @alanrozenshtein.com explain the “dominating AI by understanding AI” agenda.

Congrats to @brendanballou.bsky.social for his new book! Excited to read.

Almost a year ago, @lawfaremedia.org 's @alanrozenshtein.com and @benjaminwittes.lawfaremedia.org analyzed the nothing-burger 8647 seashell tweet and its worth revisiting: www.lawfaremedia.org/article/the-...

Today James Comey was indicted by DOJ for the second time, this time over a social media post of a picture of seashells arranged to say “8647." When it was first posted, @benjaminwittes.lawfaremedia.org and @alanrozenshtein.com explained why the mollusks in question don’t make out a threat.

Today, we’re launching a 5-week effort to sustain Lawfare’s independent analysis. Lawfare is built on one idea: reliable, expert analysis delivered at the pace of news—without a paywall. That only works because of our supporters. Become a $10/month supporter at lawfaremedia.org/support.

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

Proud to accept this award, thanks. Seriously though, this isn't 2020 anymore—you can't just call people names to shut them up. I tried to have a good faith dialogue about whether LLMs can translate text. The response was name-calling & "I see no beneficial use cases for synthetic text." In 2026. OK

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...