OpenAI - which millions of users trust with everything from legal documents to tax returns - is revising its newly signed contract with the US Department of War, just days after it was announced that they would replace Anthropic for use in government systems because the rushed rollout "looked opportunistic and sloppy." 

Hours after negotiations collapsed between the Pentagon and rival startup Anthropic on Friday, the San Francisco-based company agreed to supply its AI models for use in classified military operations. The breakdown followed talks with Defense Secretary Pete Hegseth over how the government could deploy advanced AI tools.

OpenAI initially described its agreement as containing "more guardrails than any previous agreement for classified AI deployments, including Anthropic's." But on Monday, CEO Sam Altman said the company was working with the department to add explicit contractual language barring the intentional use of its systems for domestic surveillance of U.S. persons or nationals.

"The AI system shall not be intentionally used for domestic surveillance of US persons and nationals," Altman said the revised terms would state, adding that intelligence agencies such as the National Security Agency would be excluded from the deal for now.

So - while OpenAI has likely bought some legal cover with these changes, there's always the possibility of unintentional use. 

From a Monday update to OpenAI's statement on the deal: 

Throughout our discussions, the Department made clear it shares our commitment to ensuring our tools will not be used for domestic surveillance. To make our principles as clear as possible, we worked together to add additional language to our agreement. 

This language makes explicit that our tools will not be used to conduct domestic surveillance of U.S. persons, including through the procurement or use of commercially acquired personal or identifiable information. The Department also affirmed that our services will not be used by Department of War intelligence agencies like the NSA. Any services to those agencies would require a new agreement. 

The new language reads:

Consistent with applicable laws, including the Fourth Amendment to the United States Constitution, National Security Act of 1947, FISA Act of 1978, the AI system shall not be intentionally used for domestic surveillance of U.S. persons and nationals.

For the avoidance of doubt, the Department understands this limitation to prohibit deliberate tracking, surveillance, or monitoring of U.S. persons or nationals, including through the procurement or use of commercially acquired personal or identifiable information.

The Department of War plans to convene a working group made up of leaders from the frontier AI labs, cloud providers, and the Department's policy and operational communities. OpenAI will participate and expect this will be an important forum for ongoing dialogue on emerging AI capabilities, privacy, and national security challenges going forward. 

These updates build on the framework we announced last week and we hope will help create a pathway for other labs to work with the Department going forward.