TechNet led a coalition of organizations representing hundreds of tech companies in submitting amicus brief urging court to overturn supply chain risk designation, uphold longstanding contracting laws
Washington, D.C. — TechNet, the national, bipartisan network of tech CEOs and senior executives, today released the following statement on the United States District Court for the Northern District of California ruling in Anthropic PBC v. U.S. Department of War invalidating the Department of War’s designation of Anthropic as a supply chain risk — a classification that would bar the U.S. military and defense contractors from using the company’s products.
TechNet’s Innovation Legal Center (ILC) submitted an amicus brief to the court in June, urging a ruling in Anthropic’s favor. In the brief, TechNet argued that the Department of War misused its national security authorities to punish a company over a negotiation disagreement 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. TechNet also highlighted the far-reaching consequences of this designation, noting that it called into question the future of the federal government’s existing contracts with companies that use Anthropic’s technology, and prompted other companies to evaluate whether doing business with the government would be worth the risk and uncertainty. The court cited these core arguments in its ruling.
“The tech industry has a long history of providing innovative solutions to enable the federal government to work better for the American people, including for the advancement of our national security. In ruling the Department of War’s supply chain risk designation unlawful, the court has reaffirmed the longstanding legal framework that underpins the federal contracting process. This ruling gives the technology sector the certainty needed to continue offering the most modern, efficient, and secure technologies to the federal government,” said Linda Moore, TechNet President & CEO.
TechNet’s amicus brief was also signed by the Computer & Communications Industry Association (CCIA), the Information Technology Industry Council (ITI), and the Software & Information Industry Association (SIIA), which collectively with TechNet represent hundreds of technology companies — many of which contract with the U.S. government.
About TechNet’s Innovation Legal Center
TechNet’s Innovation Legal Center (ILC) is the voice of the innovation economy in the federal and state courts and the broader legal community. The ILC works to advance pro-innovation laws and regulations through effective legal advocacy, including by representing TechNet in lawsuits challenging unlawful regulatory actions at all levels, by filing amicus curiae briefs in key litigation, by intervening to defend important pro-innovation laws against legal challenges, and by leveraging our legal expertise and analysis for the benefit of judges, lawmakers, and regulators. The ILC retains some of the nation’s top litigators and advocates, ensuring effective representation for the interests of American innovators. The ILC also works with advocates, researchers, and academics to improve understanding of legal issues that are important to fostering a climate of innovation and strengthening America’s competitiveness. Bryn McDonough, Counsel and Director of Federal Policy and Government Relations, leads the ILC.