Given the impossibility of compliance, what Anthropic and OpenAI are doing is working with the government to release it to certain organizations with the government's blessing.
If this were about missiles and not AI models, nobody would question this turn of events. If the government said that nobody can export this missile or allow non-citizens access to the missile, and then they started giving permission for certain organizations to handle the missile, that would be normal, not picking winners.
The only reason people are questioning it in this case is because they believe that these models are not dangerous enough to deserve these kinds of export controls. Personally I'd agree that in my 3 days of using Fable I didn't observe any superpowers. Unfortunately however, Anthropic undermined that argument by claiming that Mythos is highly dangerous, which set them up for any jailbreak of Fable to be considered a national security risk. Who is a court going to believe? Someone who used a model for 3 days? Or the government and the people who made that model?
It is both. The US and China are locked in an AI arms race with economics and security intertwined, given the perceived power of the trajectory of frontier AI models.
Some classic examples of this, on which the US places severe export controls, was advanced materials science and inertial navigation technology. Neither of these are weapons but advanced technology in these domains greatly enables the development of advanced weapons. Any work in these areas is automatically subject to the full export control regime. In extreme cases they may be nationalized and classified.
AI tech is becoming just another tech domain subject to the same level of scrutiny. I’m not making a moral judgement. This was always going to be the reality and a lot of people could see it coming.
Regardless of US controls, I can from Australia buy a high quality 50 fps thermal scope with built in 1000m (or ~ 1000 yard) laser range finder from Hangzhou, China.
ie. Why lock the stable at 9 fps when out on the open plain 50 fps is already running free.
Chinese 50 fps thermal cameras and scopes have been about for a while now, they've been supplying the industrial specialist market even longer than the general consumer goods market.
I note the US export control is limited by licence .. which likely means the US high frame rate thermal gear is equally as available in AU as (say) TI DSP chips were when they first iterated that family (ie. restricted by licence but easy to purchase in allied countries if you just sign a form stating you're not supplying them to countries in the Chinese sphere of influence, etc.)
I think it's most likely that they felt that this would drive wide antagonism towards the government which would help put them in a more favorable situation for future negotiations to establish a more 'commercially favorable regulation regime.' In other words, build me a moat, now! The government responded by super-screwing them, but is doing so in a way that can help keep the corporate class relatively content while this plays out.
I don't see any way how releasing an incrementally better model could get even close to the positive PR. For every Mythos token not sold because of this they'll sell dozens of Fable, Opus and so on. Perhaps the ban did not origin at Anthropic, as a PR stunt, but genuinely at some government desk. Entirely possible. But Anthropic would be foolish to not pick up that ball and drag it out a little.
That's why I raised skepticism that Anthropic has not been subject to that.