At the OpenAI all-hands, staff were told that the most challenging aspect of the deal for leadership was concern over foreign surveillance, and that there was a major worry about AI-driven surveillance threatening democracy, according to the source. However, company leaders also seemed to acknowledge the reality that governments will spy on adversaries internationally, recognizing claims that national security officers “can’t do their jobs” without international surveillance capabilities. References were made to threat intelligence reports showing that China was already using AI models to target dissidents overseas.
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But legal scholars have noted that the distinction between Title 10 and Title 50 activities is increasingly blurry. In practice, the two can look very similar, and both can involve analyzing data about foreign actors or tracking patterns. But that overlap creates a gray area for companies like OpenAI: A contract that bans Title 50 work doesn’t automatically prevent Title 10 agencies like the DIA from using AI to analyze commercially available or unclassified datasets.