Alan Rozenshtein

Alan Rozenshtein

@alanrozenshtein.com

Member of technical staff @anthropic.com. Law professor (on leave) @umnlawschool.bsky.social. Contributing editor @lawfaremedia.org. Former DOJ. alanrozenshtein.com

18.8K followers614 following1.1K posts

A big part of my excitement at this opportunity is based on how how much support I've gotten from my institution and my colleagues (especially our fabulous dean @wmcgeveran.bsky.social). I'm very lucky!

Minnesota Law@umnlawschool.bsky.social

@alanrozenshtein.com, associate professor of law, has taken a leave of absence from the University of Minnesota Law School to join @anthropic.com’s Rule of Law team as a member of its technical staff within the Anthropic Institute. z.umn.edu/bhna

Alan Rozenshtein reposted

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.

lawfaremedia.orgA Kill Switch for Frontier AIThe government is using export control law to force Anthropic to cut access to its most powerful models. The legal authority is plausible but the facts remain murky.

Alan Rozenshtein reposted

"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...

lawfaremedia.orgAI Governance by Phone CallAn executive order so deferential to the AI industry that it disclaimed any mandatory authority still couldn't survive a few last-minute calls.

Alan Rozenshtein reposted

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"

Alan Rozenshtein reposted

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.

lawfaremedia.orgDominating AI Requires Understanding AIAI dominance will require more than faster models—it will require breakthroughs in understanding, testing, and securing frontier AI.

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

Brendan Ballou@brendanballou.bsky.social

WHEN COMPANIES RUN THE COURTS is out today. It tells how the Supreme Court created a shadow justice system where companies pay judges, and where people almost always lose. Whether you know it or not, you are a part of this system. Get the book and find out how to escape: shorturl.at/D0KZ0

Alan Rozenshtein reposted

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.

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....

papers.ssrn.comLarge Language ScholarshipGenerative AI isn’t just coming for the legal academy—the era of what we call “Large Language Scholarship” is already here. Law professors are using AI to write
Orin Kerr@orinkerr.bsky.social

Just posted over at the other place. Thoughts?

This is the key point. From the other place:

Marty Lederman@martylederman.bsky.social

I'm only confident about one thing: that three years from now (if not much sooner) everyone's perspectives on this--and even the questions we ask and answer--won't resemble what we now see in this thread.

Alan Rozenshtein reposted

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.

lawfaremedia.orgThe Right Remedy in the Anthropic CaseThe government can stop buying from Anthropic anytime it wants. It just can't bypass the procurement system Congress built to do it.
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On the other hand, given that, even if the supply chain designations are enjoined, the government can still cancel individual contracts with Anthropic, it's not clear how a PI would harm legitimate the government's national security interests. So that's an argument for the PI. 🤷

Finally, I don't think the court will need to address the First Amendment argument, but if it does (because it doesn't find Anthropic's statutory arguments convincing) I find it unlikely that it will require the government to use Anthropic just because Trump & Hegseth wrote nasty social media posts.

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I think they can't because the effect would be to essentially displace the whole complex edifice of procurement law (which elaborately governs individual procurements and contract negotiations)—but for all things government procurement I want to hear what @jtillipman.bsky.social thinks. 4/6

But there's a separate question of whether Anthropic gets its PI. This could go either way. On the one hand, if the full secondary boycott is off the table, the threat to Anthropic is no longer existential and the court might not grant the PI. 5/6

Ultimately I think the question for the court will be: given that no on seriously contests the government's ability to refuse to purchase Anthropic's services (and probably refuse to allow its contractors to use Claude on specific government projects)... 2/6

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

Scaling Laws@scalinglaws.bsky.social

Are AI systems "a death sentence for civic institutions"? @alanrozenshtein.com talks with @hartzog.bsky.social and @jessicasilbey.bsky.social, who argue that AI's core design features threaten the rule of law, higher education, journalism, and democracy. podcasts.apple.com/us/podcast/i...

Alan Rozenshtein reposted

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

Emily M. Bender@emilymbender.bsky.social

Today's mansplainer award goes to the prof in (checks notes) a School of Global Affairs, who seems to believe that he knows better than I do about how language technology works.

Alan Rozenshtein reposted

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!