“The reference to deemed exports is important, because traditionally that would apply to source code, technology, or technical knowledge being transferred,” he said. “In this case, the thing crossing borders is not necessarily the model itself, but it is access to the capability. That is a significant shift, and signals the real intent behind the AI arms race. The focus is moving from controlling the technology to controlling access to the outcomes the technology can produce.”
Mark Rasch, a former federal prosecutor who specializes in legal technology issues, agreed. “I don’t need to have the source code physically resident in order to take advantage of the capabilities of that code. Today, the location of the source code is irrelevant.”
Practical challenges
There are two practical issues involved. The first is that a large part of Anthropic’s workforce is not US citizens, and some of them have direct access to the source code for these models.
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