Post by Aiysha Hussain

Earlier this month, Commerce issued an Is-Informed Letter ("ILL") to Anthropic requiring a license before exporting, reexporting, or transferring its frontier AI Model Mythos 5 and Fable 5 — reaching any foreign person, in any country, including foreign nationals employed inside the United States. Shortly thereafter, BIS carved out certain trusted partners and critical-infrastructure operators for Mythos 5 (notably, not Fable 5) of the ILL restrictions. A few key questions: → What is the controlled item? The model? The output? Prior controls reached model weights. Treating the model as a controlled item is new territory. → What is the export? API access? For years, industry has relied on BIS advisory opinions that remote, cloud-based access isn't an export absent a transfer of technology or source code. The ILL rests on ECRA's emerging-technology authority and the EAR's military-intelligence end-use/end-user provisions. Commerce's authority to issue the ILL is already being tested in court. Checkout out our alert for more details: https://lnkd.in/emmgUyQq