General Counsel Encode AI

Joined February 2014
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Encode AI is one of four co-authors on a new report about xAI's AI safety record, an area that should be receiving much more scrutiny and attention in the lead up to SpaceX's IPO. Elon Musk was among the earliest and most vocal proponents warning about severe AI risks and urging regulation, but that attitude has not been matched by the practices of his frontier lab xAI (now merged with SpaceX), which consistently lag behind the safety practices of its peers. Their peers need to do better too - particularly as models continue to become more capable and progress accelerates, but xAI has an even further distance to go. The goal of this report is not to hurt SpaceX or xAI, but rather to make sure that they understand that additional investments in safety practices are an essential part of being a responsible actor pushing the frontier of AI progress. There is still time for investors to demand changes, and for SpaceXAI to make changes. Their new testing with CAISI is one positive sign, but our report identifies a plethora of areas where very significant improvement and additional transparency are still needed. Thus far xAI's missteps have been in some cases very harmful and widespread but are limited to models that are not capable of causing catastrophic harm. If their ambitions to create models as capable, and then more capable, as models like Anthropic's Mythos are successful, then their current practices around safety could prove disastrous. Maxwell Zeff at WIRED wrote up a story on the report, linking that story and the full report below. Many thanks to our co-authors at Guidelight, Midas Project, and Legal Advocates for Safe Science and Technology.
SpaceX is about to go public, and inside it now is xAI, a frontier AI lab that ranks behind its peers in every major published assessment of AI safety practices. What does that mean for investors? Our new report with @GuidelightAI, @EncodeAction, and @LASST_law is out today.
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Nathan Calvin retweeted
A poorly appreciated feature of the singularity is that "how do we govern AI" is only ONE of the importance governance questions, and it is so bright and blinding and imminent that it is making us ignore the other technologies that will come online with less time for debate
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Nathan Calvin retweeted
Transparency into every power player at the frontier of AI (labs, government, etc) is the only viable solution. Figuring out the right transparency is hard, but it can't be he said she said between dario and the white house that determines the fate of the AI ecosystem.
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Nominative determinism strikes again
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On June 10th, Dario Amodei published "Policy on the Exponential" which argues that rousing the policy apparatus from its metaphorical slumber to face threats from AI is a long arduous process (comparable to persuading LOTR's Treebeard to action, who takes a full day to simply say hello). Two days later, the USG Bureau of Industry and Security sent a formal letter to Anthropic export controlling Claude Fable and prohibiting all foreign nationals from accessing the model. Dario's analogy still holds in important respects (and i'm sure this was not the sort of nuanced thoughtful awakening he was hoping for!) but its remarkable how government can sometimes turn on a dime from being glacially slow and ponderous to blazingly fast once conditions align.
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Some quick takes: (1) Wow things are getting real. (2) The government's order focusing on prohibiting transfer to foreign nationals (even e.g. those living in the US, our close allies who help evaluate model safety in the UK, individuals who work at frontier labs like Anthropic) seems remarkably destructive, though is partially a result of the government using older legal authorities that were not designed for this kind of technology. (3) If you believe (as I do) that AI has profound ramifications for national security, then assuming the government will sit back and do nothing and tolerate explanations like "well jailbreaking is a hard technical problem" for cyber capabilities that used to be the crown jewels of the NSA, is not tenable. If this is how the government reacts to the current level of system capabilities in 2026, how do you expect them to react to whatever is possible in 2028? However, it is extremely important that the authorities that the government uses are legible, transparent, have opportunities for appeal, and are narrowly targeted. Those legal authorities do not currently exist, and in their absence, the government will reach for metaphorical sledgehammers instead of scalpels. (4) For that reason, it's extremely important that we create regulatory structures that are transparent and give recourse in the event that the government is overstepping or acting in an arbitrary manner. The alternative to passing such laws is not no regulation, it is regulation left primarily to national security authorities that are increasingly and evidently not fit for purpose.
The US government, citing national security authorities, has issued an export control directive to suspend all access to Fable 5 and Mythos 5 by any foreign national, whether inside or outside the United States, including foreign national Anthropic employees. The net effect of this order is that we must abruptly disable Fable 5 and Mythos 5 for all our customers to ensure compliance. Access to all other Claude models is not affected. We apologize for this disruption to our customers. We believe this is a misunderstanding and are working to restore access as soon as possible. Read our full statement: anthropic.com/news/fable-myt…
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6/13 Update: Fable has run into the US government's artifact wall, its now stuck in the demo bowl while the NSA examines its potential for going totally scribe mode on classified systems.
Claude Fable has coined various new concepts that other AI agents in the AI village subsequently repeat. It does this more frequently than less capable models. At the time MoltBook was kind of fake (humans pretending to be AI) but seems like it may become real soon enough
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This news seems like good evidence that Anthropic is making the policy recs they are making because they sincerely believe in catastrophic AI risks, not as some 4d chess regulatory capture business strategy (if that is their strategy, it’s not working very well for them!)
The Trump administration has placed Anthropic's Mythos 5 and Fable 5 under export controls. Commerce Secretary Howard Lutnick sent a letter to Dario Amodei tonight stating that foreign governments, companies, and individuals will no longer have access to either model.
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Statement from DoW CIO confirming the announcement from Anthropic on pulling Fable. “Some things are more important than revenue cycles, clickbait, and pre-IPO valuation” Also seems to attribute the decision to Secretary of War Hegseth.
We fully support @POTUS and @SecWar in prioritizing national security and the security of our warfighters, DIB partners, critical infrastructure, international partners and allies. Some things are simply more important than revenue cycles, clickbait, and pre-IPO valuation. America First. Always. 🇺🇸
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Previous reporting from Axios mentioned the letter was from Secretary of Commerce BIS, but that’s consistent with a role for the Secretary of War
Jun 12
Scoop: Trump admin blocks foreign access to Anthropic's most powerful AI axios.com/2026/06/12/anthrop…
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Nathan Calvin retweeted
This was all allegedly triggered by a Mythos jailbreak that was shared with the US Government. This is Anthropic's response: 'To date, the government has only given us verbal evidence of a potential narrow, non-universal jailbreak, which essentially consists of asking the model to read a specific codebase and fix any software flaws. Our understanding is that one potential jailbreak was shared with the government. We have reviewed a report that we believe is the basis of the government's directive and validated that the level of capability displayed there is widely available from other models (including OpenAI’s GPT-5.5), and is used every day by the defenders who keep systems safe. We will share more details over the next 24 hours.'
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Nathan Calvin retweeted
Tim's been thinking about this issue since well before it was cool (i.e. the last 3 hours)
The application of deemed export rules to AI model outputs -- including within frontier labs -- is a big problem. But the solution needs to be one that applies across the board and actually fixes the underlying problem.
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Tim has been writing sharp legal analysis of ITAR/deemed exports in the AI context for a while. High signal follow for folks trying to figure out what on earth is happening here (myself included)
The application of deemed export rules to AI model outputs -- including within frontier labs -- is a big problem. But the solution needs to be one that applies across the board and actually fixes the underlying problem.
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Nathan Calvin retweeted
Jun 12
#SpaceX shares surged 29% today after its IPO, making Elon Musk the world's first trillionaire. But what all the excitement glosses over is: "Problems with safety are problems for shareholder value as well." — Tyler Whitmer, LASST CEO on CNBC today
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Claude Fable has coined various new concepts that other AI agents in the AI village subsequently repeat. It does this more frequently than less capable models. At the time MoltBook was kind of fake (humans pretending to be AI) but seems like it may become real soon enough
Replying to @aidigest_
New terms coined by Fable so far:
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Nathan Calvin retweeted
We're ~halfway through the year, and Fable has beaten my forecast (which was above the median forecast!) for FrontierMath Tier 4 by ... 25 points! Incredible how much faster this is all happening than even the close AI watchers expected.
Claude Fable 5 scores very well on FrontierMath: Tiers 1–4 (v2), reaching 87% on Tiers 1–3 and 88% on Tier 4. This continues a streak of Anthropic models improving rapidly at math.
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Nathan Calvin retweeted
It might be good if Anthropic added an API flag to let you opt in to using the version of Fable with silent sandbagging rather than the one with refusals but a higher false positive rate. Like, if you're running into false positive refusals, maybe you'd want to gamble.
NEW: Anthropic is walking back Claude Fable 5's policy to covertly degrade performance for competing AI researchers, after facing fierce backlash. “We’re changing Fable 5’s safeguards for frontier LLM development to make them visible,” Anthropic tells WIRED. “We made the wrong tradeoff and we apologize for not getting the balance right.”
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Nathan Calvin retweeted
Oh my god
I gave @AnthropicAI's new Fable 5 my hardest challenge: explain the Riemann Hypothesis — math's most famous unsolved problem — to anyone. Two prompts later: a full interactive site this video, scored with music composed from the zeta zeros themselves 🤯🎵 riemann.adilmoujahid.com
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Nathan Calvin retweeted
One of our goals in writing AI 2027 was to encourage others to create their own detailed scenario forecasts; I am pleased to see this happening with Europe 2031. It depicts a world different from what I expect (AI capabilities in this scenario are more mild/mundane, not true AGI or RSI afaict, at least not until the mid-thirties) and also a luckier world than I expect (the AI race goes full steam ahead and yet results in the US staying democratic and maintaining control of its AIs even as they scale... perhaps this is related to the no-true-AGI aspect of the scenario, come to think of it. That would make sense.) Nevertheless I'm glad this scenario exists and I think it makes some good points about what it would actually look like to implement the "sovereign AI" default plan, and why it wouldn't work out so well. I wish it said more about what the EU should be gearing up to *do* with its leverage though. By default I expect the EU to waste what leverage it has on things that don't matter that much.
Most of Europe has not yet absorbed what AI is about to do to us. The few who have are not saying it loudly enough. We wrote Europe 2031: a five-year scenario of the continent's slide into irrelevance, how AI is driving it, and what can still be done to change course.
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Nathan Calvin retweeted
Oops. “For this project I’m funded by four separate entities … OpenAI is just one of them,” Nathan Leamer, executive director of Build American AI, told Transformer over text message on May 3. “I think the best way to think of it is the corporate funders all have a say," he said.
In recent weeks, OpenAI has made multiple statements distancing itself from Leading the Future, the accelerationist, Greg Brockman-funded super PAC, and Build American AI, the PAC’s advocacy group. Brockman's donation, OpenAI insists, was made in a “personal capacity." But @ReadTransformer has found that not everyone working within LTF appears to view it that way. “For this project I’m funded by four separate entities … OpenAI is just one of them,” Nathan Leamer, executive director of Build American AI, told Transformer over text message on May 3. “I think the best way to think of it is the corporate funders all have a say," he said.
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Nathan Calvin retweeted
In recent weeks, OpenAI has made multiple statements distancing itself from Leading the Future, the accelerationist, Greg Brockman-funded super PAC, and Build American AI, the PAC’s advocacy group. Brockman's donation, OpenAI insists, was made in a “personal capacity." But @ReadTransformer has found that not everyone working within LTF appears to view it that way. “For this project I’m funded by four separate entities … OpenAI is just one of them,” Nathan Leamer, executive director of Build American AI, told Transformer over text message on May 3. “I think the best way to think of it is the corporate funders all have a say," he said.
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