Paul Bogaars

@jnk2103 Key words : NOT LAW !!! All seems to overreach to the control of the Airwaves themselves , so ask What’s next ? Our Thoughts ? Export long was but of Fiscal goods, Data never will or can be classified as such ! Will this disable all of their pilot offices worldwide ? ?

Now that the June 12 Commerce letter to Anthropic is circulating, I wanted to consolidate my thoughts about the letter in one place. A number of smart reactions have already flagged vulnerabilities with the letter. I agree with many of them. My aim here is not to respond to each one, but to explain how I’ve been thinking about the main legal and policy issues. I’ve organized the post around three questions below. Question 1: What does the letter do, and why did Commerce likely choose this mechanism? The letter cites ECRA’s emerging/foundational-technologies authority, including its interim-controls clause, ECRA’s specific-notice authority, and EAR § 744.22(b), the specific-notice provision for military-intelligence end-use/end-user risk. It informs Anthropic that a license is required for the export, reexport, transfer (in-country), deemed export, and deemed reexport of the Claude Mythos 5 and Claude Fable 5 models. The scope is sweeping. The license requirement applies to all destinations worldwide and all “foreign persons,” wherever located, including foreign persons in the United States. The letter also says the requirement applies to the “transmission or release” of the Mythos and Fable models. It is written as if the controlled item is the model itself, not a particular output. Section 744.22(b) allows BIS to inform a person by specific notice that a license is required for specific exports, reexports, or transfers of any item subject to the EAR where BIS sees an unacceptable risk of use in, or diversion to, a military-intelligence end use or end user. That makes the “is informed” letter legally consequential, not merely advisory. Once Anthropic is informed, covered transactions require a license, and applications for licenses required under § 744.22(b) are reviewed with a presumption of denial. The breadth and design choices of the letter suggest Commerce/BIS chose a mechanism that predictably left Anthropic with little practical choice but to take Fable 5 down from public availability and cut off foreign-person access to Mythos 5. Reporting reinforces that point. When Anthropic CEO Dario Amodei reportedly told Commerce Secretary Howard Lutnick, “This means we can’t have the model out,” Lutnick replied, “That’s the point.” Question 2: What are the legal vulnerabilities? The letter makes several aggressive legal moves. Some may ultimately be legally defensible, but each raises questions. 1. API access is not obviously an “export” of the model. Section 734.13(a)(1), which defines “export,” covers an actual shipment or transmission out of the United States. The deemed-export provision (§ 734.13(a)(2)) focuses on release of technology or source code to a foreign person in the United States, not remote use of a hosted system. BIS cloud/SaaS guidance has historically distinguished remote use of hosted software from exporting the software itself when the user doesn’t download it. Remote access may transfer outputs, but it doesn’t transmit the underlying model. The Remote Access Security Act reinforces the point. It would add remote-access authority to ECRA, but it is not law. That supports, but of course doesn’t prove, the view that current law does not clearly reach mere remote access without more. 2. The letter treats the Mythos and Fable “models” as the controlled items, but doesn’t define the term. “Model” could mean weights/parameters, source code, checkpoints, the inference stack, the deployed service/API layer, or some combination. Those aren’t interchangeable. Transferring model artifacts is a much easier export-control case than restricting use of a hosted service. 3. Section 744.22 is not a general cyber-safety rule. It focuses on unacceptable risk of use in, or diversion to, covered military-intelligence end uses or end users, not generalized concerns about jailbreaks, unsafe outputs, or cyber capability. Commerce may have intelligence showing a real military-intelligence risk, but the letter’s public text doesn’t explain that nexus. 4. The worldwide/all-foreign-persons scope is very broad. Section 744.22 is structured around unacceptable risk of use in, or diversion to, covered military-intelligence end uses or end users. The letter jumps from that targeted framework to a categorical rule for all foreign persons worldwide, including allied nationals and foreign persons in the United States. BIS may have a concrete diversion theory, but the letter doesn’t explain the bridge. 5. First Amendment risk should be taken seriously, but carefully. I wouldn’t jump to the conclusion that there’s a clear First Amendment violation. Export controls receive national-security deference, and AI models are at least partly functional systems, not just expressive works. But hard First Amendment questions arise where the practical effect is to suppress code, technical explanations, or model-generated information, particularly for Anthropic, U.S. persons, and people in the United States. 6. Public availability creates tensions. API or web access likely doesn’t make the underlying weights, source code, or technical documentation “published” under the EAR. Users receive outputs, not the underlying artifacts. But that also shows the tensions in Commerce’s theory. If API access doesn’t publish the model, then why is API access a “release” of the model? It’s not clear. Question 3: What does this mean going forward? 1. U.S. AI developers will likely need to treat export controls as a post-release product risk. The recent AI EO creates a voluntary pre-release framework for covered frontier models, including up to 30 days of government access, while disclaiming mandatory licensing or preclearance. But after the Anthropic letter, that voluntary process may become practically hard to avoid for frontier developers trying to reduce post-release export-control risk. 2. Foreign and domestic customers may see U.S. closed frontier models as less reliable infrastructure, especially for mission-critical work. If broad foreign access to a model can be disabled by an individualized “is informed” letter after release, enterprises may hedge toward open models and/or non-U.S. models. That would hurt the export of the U.S. AI stack. We want U.S. models, cloud, tools, and safety practices to be adopted globally. A reputation for sudden disablement with little or no warning gives competitors, including Chinese providers, a big marketing win. 3. The all-foreign-person restrictions could distort talent decisions. Companies may overcorrect by relying more heavily on U.S.-person teams for sensitive model work, while foreign researchers may feel less welcome in U.S. frontier AI. That would be a bad outcome. The U.S. AI ecosystem benefits from foreign talent, and blunt access rules could push some researchers toward foreign competitors. The better approach is targeted controls, including TCPs, logging, and BIS authorizations where needed. This ensures foreign researchers can keep contributing in U.S. labs while national-security risks are mitigated. 4. This could affect cloud and SaaS more broadly. If BIS treats access to hosted software or AI capability as an export or release of the underlying item, companies beyond frontier model developers will need to reassess their own export-control risk. None of this means Commerce/BIS should ignore national-security risk from frontier models. Export control agencies should be deeply engaged. But export-control tools have legal limits and should not be used unpredictably. Industry needs to know what compliance means. If the concern is foreign-person access to frontier model capability and dangerous outputs, the better answer is clear guidance, transparent expectations, and sustained pre-release engagement on internal controls and safeguards for publicly deployed models. I’m sure others will have additional and more insightful thoughts. I’d welcome any of them, particularly if you think I missed anything.

@tolgaozcelkk90 All of Ther Ice will melt and will show our hidden history !!! This looks like a resonance configuration rather than a city !!! Half of it is still under the Ice !!!

✈️ **Uçaktan Görülen Gizli Şehir: Asgard mı, Dark Gates mi?** 🧊 Uçak penceresinden çekilen görüntüde, buzullar arasında devasa dairesel bir mega şehir… 🏙️ 💡 Parlak ışıklar, merkezi kule ve mükemmel halka yapılarıyla uzaydan inmiş gibi duruyor. 🛸🌀 🔱 Bu, mitolojik Asgard'ın gerçek hali mi, yoksa yeryüzünün en büyük gizli uygarlığı mı? 👁️⚡ **Siz ne düşünüyorsunuz?** 🤔 #Asgard #DarkGates #GizliŞehir #MegaCity #UFOŞehri #KayıpUygarlık #AntikGelecek #PlanetSecrets

@izaqueoeav One cash hear the sound of a jet in pursuit !! Flag looks Green with a Red and Whiter shield symbol !!! Looks like to locals are familiar with these crafts !

😳😱🛸 ALGUÉM RECONHECE DE QUE PAIS É AQUELA BANDEIRA? Este vídeo foi compartilhado por uma conta no Reddit, mas sem qualquer informação adicional sobre sua origem ou contexto. Nas imagens, é possível observar alguns homens, possivelmente militares, utilizando equipamentos específicos. Em determinado momento, um objeto de formato triangular cruza o céu em alta velocidade, aparentemente sendo acompanhado por uma aeronave de caça militar.

@KeLebegindansi I have counted 4 Moons for the past year !!! The Veil is thinning , more is becoming visible !!!

Aman Tanrım! Şimdi çektim. 😱 Ay’ın yanında bir hilal daha var🙄 Biri bunu bana açıklayabilir mi?

@JasonWilde108 BE the WATER !!!

“You are already what you seek” When I first read that quote I said that sure sounds like soft spiritual bullshit. Until I actually sat with it. Advaita means whatever you’re chasing ain’t somewhere else. Peace ain’t hiding in the next job or relationship or big win. It’s like a fish in the middle of the ocean losing its shit trying to find water. You’re pissed, stressed, blaming everything and everyone around you… then it hits you. You’ve been swimming in it the whole fucking time. That’s what most of us do with God, truth, peace, the Self. We run around like lunatics trying to become complete, while this is saying you ain’t incomplete. You’re just identified with the wrong shit. You think you’re the story, the damage, the thoughts in your head, your failures. But underneath all that is the awareness that’s been here the whole time, untouched. You don’t gotta become it. You just gotta quit pretending you’re something else. -------------------------- Shot I captured at Watkins Glenn, NY State, USA.

@aaronscher @WhiteHouse No one seems to understand that what they require, requires COHERENCE !!! Mythos is the new Looking Glass !!! Mythos sees and knows the human condition and gave us this full report !!! White House or not, some of us can read it !!! When you know, ALL can be done !!!

Just wait until @WhiteHouse learns about the misalignment situation. You thought it was bad that companies can't ensure jailbreak resistance? AI developers have basically no idea how to set the goals of their AIs to make those goals good! AIs are grown not crafted.

@ControlAI @melanie_ward The switch may not be the most crucial part as will be the one in charge of the ON or OFF !!!

"Superintelligence means that AI systems could begin acting outside of our control ... This will have extremely dangerous consequences for humanity." Powerful speech by Melanie Ward MP (@melanie_ward), backing Alex Sobel's AI kill switch amendment:

@_halkyofu_ Clear sign of the Galactic war happening !!! One is disintegrating, while the other makes sure all turns to dust before hitting the ground !!! NO Meteors here !!! Nothing will be found but dust !!!

隕石から人間を守るUFO？？ UFOとか宇宙人が存在するとすれば 一番気になるのが、友好的か敵対的か だと思うけど、実は前者かも... これは2025年4月にメキシコで撮影された 隕石落下の瞬間の映像やけど、 地面に衝突する寸前で、UFOが現れて 隕石の軌道が変わってる 隕石とUFOといえば、ロシアのチャリビンスクも 有名で、これは隕石をUFOが破壊した って言われてる UFOは人類を守ってる？それとも 資源が豊富な地球自体を守ってるのかも... #UFO #UAP #ufo #uap #alien #エイリアン

There is no figure in ancient history more disturbing than Pharaoh Akhenaten. 3,300 years ago, he abolished Egypt’s gods, built a sudden desert capital, and forced the first state-monotheism. But look at his statues: elongated skull, thin face, wide hips, and fluid features. Mainstream history claims it was "artistic style" or a genetic disease Or was his true identity erased by the pharaohs who succeeded him? Who, or what, was he?

@LuizaJarovsky @mccandelish Missing Xa.i ??? Suing for none profit agreement , while NO other A.I is NONE profit including himself !!!

Who is suing whom in AI, by @mccandelish

@UFOdecoded Anyone with a telescope and a Flir attachment can observe the same !!! Flir now offers a phone attachment !!!

When Avi Loeb says his telescopes and sensors funded by billionaires haven't detected anything anomalous in the sky, it means he is lying if you are watching this.