Washington, D.C. — TechNet, the Software Information Industry Association (SIIA), the Computer & Communications Industry Association (CCIA), and the Information Technology Industry Council (ITI) filed an amicus brief with the U.S. Court of Appeals for the D.C. Circuit in the Anthropic PBC v. U.S. Department of War case, supporting Anthropic’s request for the full court to rehear the case. Collectively, these associations represent hundreds of the most innovative tech companies doing business with the federal government.
“The D.C. Circuit’s divided ruling gives the federal government extraordinary power to blacklist American companies based on routine contracting disputes, and unsubstantiated and contradictory evidence. By stretching the definition of supply-chain risk far beyond its intended statutory purpose, the decision sets a dangerous precedent that threatens existing contracts, disrupts supply chains, and discourages American companies from developing innovative products and services for the federal government. The ruling also conflicts with a recent federal court decision that considered the same evidence and reached a different conclusion. We will continue to support a legal framework that respects due process, provides certainty for American businesses, and enables the technology sector to strengthen our national security and improve government services,” said TechNet, SIIA, CCIA, and ITI in a joint statement.
The coalition’s brief challenged the two-judge majority’s conclusion that a contractor’s commercial terms can constitute “manipulation” in procurement law, their acceptance of unsupported Department of War justifications, and the conflict between their ruling and a California District Court’s decision based on the same evidence.
The tech groups urged the court to grant a hearing en banc — a rehearing with the full active bench. The amicus brief can be viewed here.
TechNet’s Innovation Legal Center (ILC), along with SIIA, CCIA, and ITI, previously submitted an amicus brief to the D.C. Circuit Court in April, urging a ruling in Anthropic’s favor. In the brief, the coalition argued that the Department of War misused its national security authorities to punish a company over a contract dispute without due process, and stressed that allowing this precedent to stand would destabilize the legal framework that technology companies rely upon to sell their products and services to the U.S. government.