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OpenAI on Surveillance and Autonomous Killings: You’re Going to Have to Trust Us

OpenAI says Americans shouldn’t worry about the ethics of its new Pentagon contract. You’ll have to take their word for it (and Pete Hegseth’s).

OpenAI claims it has accomplished what Anthropic couldn’t: securing a Pentagon contract that won’t cross professed red lines against dragnet domestic spying and the use of artificial intelligence to order lethal military strikes. Just don’t expect any proof.

Sam Altman, OpenAI’s CEO, announced the company’s big win with the Defense Department in a post on X on February 27.

“Two of our most important safety principles are prohibitions on domestic mass surveillance and human responsibility for the use of force, including for autonomous weapon systems,” he wrote. The Pentagon “agrees with these principles, reflects them in law and policy, and we put them into our agreement.”

The deal came after the very public implosion of what was to be a similar contract between the U.S. military and Anthropic, one of OpenAI’s chief rivals. Anthropic had said negotiations collapsed because it could not enshrine prohibitions against killer robots and domestic spying in its contract. The company’s insistence on these two points earned it the wrath of the Pentagon and President Donald Trump, who ordered the government to phase out use of Anthropic’s tools within six months.

But if the government booted Anthropic for refusing mass surveillance and autonomous weapons, how could OpenAI take over the contract without having the same problem?

OpenAI has attempted to square this circle through a string of posts to X by company executives and researchers, including Katrina Mulligan, its national security chief, and a claim by Altman that the company negotiated stricter protections around domestic surveillance.

The company and the government, however, are not releasing the only proof that matters: the contract itself.

The Department of Defense did not respond to a request for comment.

OpenAI and company personnel contacted by The Intercept did not respond when asked for specific contract language. Company spokesperson Kate Waters did not respond to questions, sending The Intercept only links to prior public statements from Altman.

(In 2024, The Intercept sued OpenAI in federal court over the company’s use of copyrighted articles to train its chatbot ChatGPT. The case is ongoing.)

So far, OpenAI has released only snippets of the deal’s language loaded with PR-speak and national security jargon. Without being able to verify the company’s claims, Altman’s pitch to the world comes down to one premise: Trust me — along with Trump and Defense Secretary Pete Hegseth — to do the right thing.

Following widespread criticism of these vagaries, Altman said earlier this week that the firm was able to quickly negotiate into its contract stricter terms with the Pentagon. These additions, Altman said, include language the company claims will stop domestic spying and collaboration with the National Security Agency.

But the company’s muddled messaging throughout the week only raised more questions about OpenAI’s willingness to do the federal government’s bidding.

“We have been working with the DoW to make some additions in our agreement to make our principles very clear,” Altman posted on Monday, using Trump’s preferred name for the Department of Defense.

“The Department also affirmed that our services will not be used by Department of War intelligence agencies (for example, the NSA),” Altman continued. “Any services to those agencies would require a follow-on modification to our contract.”

Since OpenAI has not released the contract, it’s unclear if the Pentagon’s affirmation is actually reflected in binding contract language.

Mulligan at first responded to criticism of the company’s deal with a pledge to release a “clear and more comprehensive explanation” of the relevant terms of the contract. On Tuesday, having failed to deliver such an explanation, she told one concerned X user, “I do not agree that I’m obligated to share contract language with you.”

She added, “For the record, I would want to work with NSA if the right safeguards were in place,” but did not specify what these safeguards might be.

Former military officials told The Intercept they had grave concerns about the arrangement based on what’s been made public. “I’m not confident in the language at all. And in some parts I don’t even believe it,” said Brad Carson, who previously served as under secretary of the Army during the Obama administration. Carson noted that blocking Pentagon spy agencies like the NSA or National Geospatial-Intelligence Agency would ostensibly prevent usage of OpenAI’s tools in pressing intelligence analysis contexts, like the ongoing war against Iran. “I don’t believe that provision is in the contract. I say that reluctantly, but I don’t,” Carson added.

A former Pentagon official who worked on military artificial intelligence applications told The Intercept the caveats around “intentional” surveillance are worryingly unclear. “That’s the get out of jail free card right........

© The Intercept