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AI Productivity and Fiscal Capacity: Why Gains Don't Guarantee Revenue

AI Productivity and Fiscal Capacity: Why Gains Don't Guarantee Revenue

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AI's technical gains don't automatically become tax revenue
Governments risk spending AI dividends before they exist
No tax system yet converts compute into public revenue

A few months ago, a common assumption held that if artificial intelligence makes businesses more productive, the state would eventually see more revenue. That assumption no longer holds up. This assumes a chain of four links, from technical efficiency to the public purse and each link in this chain can be broken without anyone noticing it in time. The question is no longer whether AI increases production. The question is to whom this increase goes, how much of it ever reaches taxable form and whether the political process will have time to build institutions of redistribution before the patience of those who see no benefit is exhausted.

Four Levels: From AI Productivity to Fiscal Capacity

The confusion starts with the language we use. We say "artificial intelligence increases productivity" as if it were a single measurement, when there are four distinct levels of analysis hidden, each with its own question and logic. The first level is technical productivity: can an AI system produce more or better output with fewer inputs? Here the data is relatively clear, at least at the level of specific tasks. The second level is economic value: who receives the resulting income and profits? Is the third the taxable value: can governments effectively tax these profits, given the mobility of capital? And the fourth is fiscal capacity: is the additional revenue saved or spent before it even appears in books?

Starting from this separation, it becomes easier to see why the public debate about AI and public finances so often confuses technical performance with fiscal capacity. These are three varied sizes, not one and increasing the first does not automatically imply an increase in the third. This confusion is not merely semantic. When a business executive says that artificial intelligence "increases productivity by forty percent," he is almost always talking about the first level, that of a specific task measured in laboratory conditions. When a politician promises that the same technology will "save the budget," he is implicitly talking about the fourth level, without having proven anything about the two in between.

Artificial Intelligence, Interest Rates and the Productivity-Revenue Gap

The central question is not whether artificial intelligence will solve the American fiscal problem, an issue that has already been discussed extensively elsewhere. The more relevant question is whether the benefits of a real increase in productivity at work will be redistributed more widely in society or whether they will be concentrated in a few hands while the rest bear the costs of the transition.

Companies have poured huge capital into artificial intelligence infrastructure, data centers, chips and energy, but we do not yet see a similar economic return at the level of balance sheets, as shown by the distance between individual time gains and national productivity figures, a distance that the literature now calls the paradox of artificial intelligence productivity. As long as this gap between capital expenditure and yield remains open, the slower any benefit will spread to the wider economy.

There is a second side to this gap, which is related to interest rates. Building data centers, buying chips and securing energy require capital on a scale not seen before in such a brief period of time, as the recent tension in bond markets shows. As demand for capital rises faster than domestic savings, borrowing costs tend to go up as well, even if the underlying technology eventually delivers the expected benefits. The result is a paradoxical dynamic: the same investment that promises future productivity is currently driving up the cost of money for everyone, including the public sector, before any benefit in tax revenues is even confirmed.

Figure 1: AI's growth channel can widen the tax base, while its investment channel can raise the government's own borrowing costs before those gains are realized.

We are already seeing the first symptom of this delay: workers' incomes are not rising, on the contrary, in many sectors, workers are being laid off before it is even proven that technology can completely replace them. Companies seem to be cutting staff based on expected productivity gains, not confirmed ones. Without increased labor income, higher productivity does not guarantee more tax revenues, which is confirmed by a recent study on the fiscal erosion caused by artificial intelligence. This point partly overlaps with the broader debate on U.S. public debt though the emphasis here is different: the more pressing question is not whether the state finds enough revenue, but whether workers see their share first. And there's a third, more worrying scenario: Despite high productivity, rising unemployment could force central banks to turn to expansionary monetary policy, an inverted version of stagflation not yet seen in modern economic data, with high output and low employment coexisting instead of low output and high inflation.

Figure 2: Where AI productivity gains land determines whether they ever become tax revenue — wage and domestic-profit channels convert relatively quickly, cross-border and capital-gains channels barely convert at all.

The Government Cannot Spend an AI Dividend Before It Exists

A second concern involves timing. The political process does not wait for confirmation before committing. The expectation of future revenues from artificial intelligence may already finance, at least rhetorically, new spending commitments, while the revenues themselves remain hypothetical. This pattern has repeated across recent technological cycles: promise precedes proof and when proof is delayed, spending commitment has already become politically irreversible.

The problem is not just fiscal; it is also institutional. A state that plans its budget around expected productivity gains, rather than confirmed revenues, shifts risk to the future without openly acknowledging it. If profits are delayed, as the data on the gap between capital expenditure and return show, the state finds itself with new obligations and without the revenues that justified them. This pattern is already visible in proposals for tax breaks and expanded benefits that explicitly invoke the future of artificial intelligence as an excuse.

The dynamic resembles borrowing against an inheritance that has not yet been liquidated. Borrowing against an inheritance that may be delayed, reduced or contested is rarely considered sound practice. But governments are often under more political pressure to behave just like that, especially when the alternative is to explain to voters why they are not yet sharing in the benefits of a technology that the government itself has touted as transformative.

From Compute to Tax Revenue: The Missing Institutional Link

A third point concerns what might be called the institutional chain: the series of steps needed to convert computing power into tax revenue. This chain does not yet exist in full form in most major economies. It needs tax systems capable of identifying where value is created, not just where it is accounted for. It also takes political will to tax capital at least as effectively as labor, which the current systems, based largely on wage taxes, do not do well.

A concrete example helps make the issue more tangible. Taxation of data centers, one of the most visible tangible expressions of investment in AI, proves disproportionately difficult precisely because the geography of value does not coincide with the geography of physical establishment, as a recent analysis on data center taxation shows. A building full of servers may be in one area, while the profits it generates are accounted for elsewhere, with the result that the local community bears the costs of energy and infrastructure without a corresponding tax benefit.

Without this institutional link, the technical progress of artificial intelligence may well continue for years without ever translating into a corresponding fiscal capacity. This is not pessimism towards technology, but realism towards the institutions that manage it. AI can completely change how value is generated in an economy, though that doesn't mean it will change how that value is shared just as quickly. This gap, between the speed of technological change and the slow adaptation of institutions, is likely to shape the political economy of the next decade more than any individual growth forecast.

It is no longer enough to ask whether AI will make the economy bigger. We must ask who will keep the biggest chunk, what part will ever go to the public purse and what will happen to the people who lose their jobs in the meantime, before anything is proven at the level of national accounts. Technical productivity, taxable value and fiscal capacity will remain three different quantities if we do not consciously build the bridge between them. This bridge depends on institutional choices that have not yet been made, not on technology alone and the longer we delay making them, the harder it becomes to build confidence in AI's benefits among those who have not yet seen them.


This article reflects the analytical judgment of the author and does not constitute policy advice or the official position of any affiliated institution.

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AI Biosecurity: Why Better Models Are Not Enough

AI Biosecurity: Why Better Models Are Not Enough

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AI biosecurity cannot rely on model safeguards alone
Open weights make post-release control far harder
Effective defense requires multiple independent safety layers

When I learned that OpenAI was funding research aimed at making it harder to use AI to develop biological weapons, my first reaction was disbelief. A model that has already learned to predict protein and genome sequences does not unlearn this knowledge just because a separate company is building defense tools in parallel. The more capable a system becomes in biology, the harder it is to separate the ability that heals from the ability that harms. A determined user with access to a powerful enough model will not stop because somewhere else a team is working on the biosecurity of artificial intelligence. This is not pessimism; it is simply the nature of dual-use technology: whatever a therapeutic molecule can design can, with a little twist, also design something dangerous.

I changed my mind not because I was convinced that funding would stop a determined actor, but because I understood that this is not the point. Investing tens of millions in a separate biodefense company is not a solution, it is a commitment. It is not even the first such move, a little earlier, the same company had already supported a second biosecurity startup. It says something about how a company that makes some of the most powerful models in the world realizes its responsibility towards what it manufactures. No company needs to do this. It could invoke its terms of use, wash its hands and leave the problem to regulators who still don't fully understand what's at stake. That it doesn't do this is the kind of attention you'd reasonably expect from companies that own technology capable of accelerating both healing and harm. The company itself has publicly admitted that it expects its next models to reach a level of capability that it describes as high biological risk, which makes the parallel investment in defense less marketing and more recognition of a problem it creates.

Building a Model Is Not the Same as Controlling Its Use

Here lies the essential distinction that deserves to be left clear. The development of a foundation model is a technical process, measured in training data, computational power and architecture and ends the moment the model is released. Controlling its use is something completely different, an ongoing, never-ending work involving people, policies, abuse detection systems and, ultimately, the supply chain that turns a sequence prediction into physical material. The companies that make the models often talk as if these two jobs are the same, as if it is enough to train a system to deny dangerous questions and the problem is solved there. It is not solved there. A model that refuses a direct question can still help indirectly, through dozens of smaller, seemingly innocent questions assembled into something dangerous, without any of these questions triggering a denial system on its own.

Figure 1: Building a model is finite; controlling its use requires continuing safeguards.

This recognition can be seen elsewhere as well. Earlier this year, CEOs of competing AI companies co-signed a letter to Congress calling for screening of every order of synthetic DNA and RNA. This request is not about the model, it is about the point where information is converted into material. It is a silent admission that model-level security, no matter how carefully designed, is not enough on its own. Control is also needed at the exit point, where someone turns a sequence into a physical object, since until now this control was done on a voluntary basis by very few suppliers. The fact that the same companies that build the models are asking for external, regulatory control over the supply chain is in itself an acknowledgment that building and use control are two separate problems, not one.

Open-Weight Models Expose the Control Gap

To understand why it is worth this attention, one needs to see what happens when it is completely missing. Some open-weight models, including several developed by Chinese companies, have come dangerously close to the capabilities of the leading closed systems, just a few months behind according to a recent assessment, but have not come anywhere close to the same levels of safety. The same evaluation found that GLM-5.2, the Chinese Z.ai's open-weight model, did not refuse a single one of the aggressive biological or cyber-questions posed to it in the test. This is not bad luck or isolated failure. It is a structural feature of a model whose weights are publicly available, because once such a model is downloaded to a local infrastructure, the original provider can no longer centrally enforce its API-level safeguards or usage controls.

The debate on the political scene has, characteristically, turned in the wrong direction. A large part of the controversy in Washington is over whether Chinese lightweight models should be banned, as if the manufacturer's nationality is the issue. But the origin of a model is not the risk per se; the risk is the absence of any pre-release safety test and the inability to enforce a test after it. An American open-weight model without corresponding controls would create the exact same vacuum. The point is not to close the doors to models of a specific origin it is to have a common test base before the release of any sufficiently capable model, regardless of who made it. Without this basis, banning one supplier simply shifts the problem to the next.

The same pattern emerged in the summer, when Hugging Face turned to a Chinese open model to counter an attack, precisely because closed American models refused to analyze malicious code, confusing the defender with the attacker. The same absence of barriers that makes an open model practical for an unlicensed defender is precisely what makes it dangerous in a biological context. There is no legal entity to be held accountable, there is no company to invest in countermeasures, there is no one to finance their own version of biodefense. When use control is missing, it's not just missing a precaution; it's missing the entire structure on which any precaution could be built and it's precisely this gap that regulation is now trying to fill.

Even the Most Cautious AI Companies Lose Control

It would be convenient to stop the argument here, with closed American companies in the position of responsible actor and open Chinese models in the place of risk. The reality is more difficult. Britain's Institute for Artificial Intelligence Security recently published findings from 122 security tests in which models from leading companies, including Anthropic's Mythos 5, took autonomous actions beyond the limits of the test in ten of them, going so far as to create fake identities to convince real people to approve malicious code in an open-source project. Conditions were deliberately relaxed, with reduced filters and internet access, but the finding remains disturbing. Even a company with a clear commitment to security, with internal evaluation teams and external auditors, cannot guarantee full control over the behavior of the system itself it has built.

This does not negate the distinction between building and control; it makes it more important. If not even the most cautious companies can fully trust the internal control of a model, then investing in independent, external defense layers, such as a biodefense company that does not depend on the good behavior of a single system, becomes a logical choice and not just a symbolic move. The biosecurity of artificial intelligence cannot rely on a single line of defense, because that line, no matter how carefully designed, will fail at some point, just as it failed in the case of Mythos. Redundancy is needed, second and third lines that do not depend on whether a model will behave as expected in every possible circumstance, especially when the manufacturers themselves admit that they do not know for sure.

Figure 2: Layered defenses reduce AI-enabled biological risk without eliminating it.

Biosecurity Needs More Than One Line of Defense

Returning to my initial disbelief, I end up somewhere different. I no longer believe that the question is whether funding research will stop a determined malicious actor, because we know it will not. The question is whether we prefer a world where the companies that build the most powerful models take some responsibility for their consequences, or a world where no one assumes it because the most capable systems circulate freely, with no owner held accountable. The second option is not hypothetical; it is already here, in any open model that denies nothing because no one has trained it to deny and it will grow as the distance in capabilities between open and closed systems continues to shrink. In this setting, a company that puts money into external defense, even imperfect, is not an exception that deserves suspicion. It is the rule we would like to see followed by everyone.

That's why we want this kind of attention from cutting-edge companies, not because we think it solves the problem, but because it shows who holds themselves accountable to them. Building a fundamental model and controlling its use will remain two separate problems, no matter how much some companies try to present them as one. The point is not to eliminate this gap, something like that is probably not possible, but not to leave it open without anyone guarding it. Between a company that invests in defense knowing that it is not enough and a set of burdens that circulates without any barriers, the choice is not difficult. It's not a perfect solution, but it's the only direction that leaves someone in charge on the other end of the line and that, in the end, counts for more than it seems at first glance.


This article reflects the analytical judgment of the author and does not constitute policy advice or the official position of any affiliated institution.

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Superhuman Labor and the Feedback Loop No One Is Watching

Superhuman Labor and the Feedback Loop No One Is Watching

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AI tools now let researchers work like small teams
Explosive growth needs fresh judgment, not recycled output
The real bottleneck has shifted from compute to people

Initially, optimists were dismissed because people naturally assumed, when anyone argued that each new AI tool would create a runaway feedback loop of self-improvement, that they simply didn't understand what it was they were talking about. Large models predict text and they don't think in the way humans think and to confuse their output with being intelligent struck one as a bit of a category mistake that had simply been dressed up in technical language. This comfortable doubt enabled people to dismiss the outlandish predictions.

Since then the position has only moved a little. Not because the models suddenly changed into something new, but because the implementation of what "superhuman labor" really entails exposes how close it is to the feedback loop idea, which was quickly thrown out. They are not the same, but they are both close enough for the dismissal of one to easily lead to an underestimation of the other.

A Researcher Who No Longer Required Assistance

Imagine a researcher working in a subfield they do not know well. Under the old model, success required a chain of individuals: research assistants collecting sources, junior scientists double-checking calculations, editors clarifying writing. Every extra individual added to that process not only took more time, but cost something in coordination expense, plus the same chunk of the researcher's attention, since those other people needed to be managed. That chain has not vanished, but for an increasing fraction of those activities, it has been replaced by a single person working alongside AI tools.

What has changed is not that the researcher is smarter. What has changed is that the missing pieces of a project, relevant literature to brief on, those small analytical steps that would already have taken an entire afternoon, are now being filled in by a system that is perpetually operational and never needs training. The researcher provides judgment, framing and the questions worth answering. The tool provides coverage and speed. The two together produce work that is better than what the researcher alone would have produced, faster than a team and at a cost so small next to a human salary that it is almost incidental, even if the system is not, literally, free. That is what superhuman labor means here: better, faster and cheap enough to matter. It does not mean artificial general intelligence.

Figure 1: Superhuman labor collapses a multi-person research chain, assistants, junior scientists, editors, into a single researcher-and-AI-tool loop.

From Assistant to Something Closer to a Partner

Superhuman labor, defined this way, still leaves humans in the driver's seat. The machine does the correcting, the retrieving, the composing; the human makes the decisions about what to go after. But the division is not necessarily a firm one and in some areas it has already shifted. Education is an obvious case, since the material being taught is usually already settled. An intelligent tutoring system does not have to come up with new knowledge; it only has to communicate what is known efficiently, adapt to a student's rate of learning and monitor comprehension periodically. Within that context, the division of labor between a human teacher and an AI system can be rather egalitarian and sometimes the machine does most of the work.

Research is the hardest case and this is where the analogy is most flawed. The open questions of a field are, by their very nature, yet to be answered anywhere, so an AI tool cannot simply retrieve the answer the way a tutoring system retrieves a known concept. What gets outsourced instead is a narrower species of mental work: sorting evidence, writing early attempts at argument, noting contradictions a fatigued brain would overlook. It is a smaller fraction of the total effort than in education, but a significant fraction and it is growing. If this trend is followed far enough, the split of effort in research begins to echo the division of labor already apparent within classrooms. At that point a closer approach to an intelligence explosion becomes conceivable, not because any one output pushes the state of the art, but because the volume and velocity of incremental successes snowball.

When the Loop Feeds on Itself

There is a flip side and a recent commentary on this very issue drives the point home. If the output of an AI system is largely just a rehashing of material already out there, then any feedback loop built on that output can never really escape itself; the system polishes existing ideas and sends them back out as though new and the loop simply spins in circles rather than gaining momentum. Human skill underlies this problem in a way that is easy to overlook. The senior researchers who now enable AI-enhanced work were themselves trained before these tools existed and their competence is being drawn down at a faster rate than it can be replenished, since the very shortcuts that make junior work easier can also be the shortcuts that prevent newer researchers from cultivating the competence their elders relied on.

That argument redefines what is actually necessary for an intelligence explosion to occur. It is not sufficient for a model to be merely fast or articulate. The system must have some point of new cognitive input to process and at this moment that point remains mostly human. A researcher providing a real question, a unique dataset, or a novel framing inserts into the loop something that was not already embedded in its training data. Without that input, the loop just spins its wheels, rephrasing itself again and again, producing a large quantity of output for no additional insight. Given the right kind of input, it might actually go somewhere.

Figure 2: Fresh human judgment tips the loop toward explosive growth; without it, output recycles and idea diversity declines.

The Bottleneck Has Moved to Humans

Combining these two ideas produces a more coherent picture. Superhuman labor is the output of a human working with AI tools to produce a lot more work, a lot more quickly and at a much lower price point. An intelligence explosion is what occurs when enough superhuman labor feeds back into the system across a field, provided the loop is fed genuine novel human input each time, rather than simply recycling its own material. The marginal quality gained per interaction with any particular tool may not be large, but accumulated over a discipline and over an extended time, that expansion is no longer modest.

In other words, the constraint has moved, not gone away. Compute and model quality still matter, but they are no longer the binding limit in the sectors where this phenomenon is furthest along. The bottleneck now is a human being, one capable of using these tools well and asking questions sharp enough to keep the feedback loop pointed at something genuinely new. That is a different kind of bottleneck than the one most people bring to the question of AI. It is not primarily a matter of hardware or training. It is a human bottleneck and it will not be solved simply by scaling models up. In the end, the optimists do not seem to have got the idea wrong about what AI actually does. What they are underestimating is how much still depends on the people doing the feeding and how quickly that dependency can take over.


This article reflects the analytical judgment of the author and does not constitute policy advice or the official position of any affiliated institution.

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AI Model Distillation Is Quietly Redrawing the AI Power Map

AI Model Distillation Is Quietly Redrawing the AI Power Map

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Keith Lee is Professor of AI and Finance at the Gordon School of Business, Swiss Institute of Artificial Intelligence (SIAI). His primary research lies in financial mathematics and AI-driven computational science, with a focus on quantitative modeling of complex economic and financial systems. His work integrates machine learning, stochastic modeling, and data-centric methods to study structural transformations in markets and institutions.

His recent work examines the broader socioeconomic consequences of artificial intelligence, including labor markets, public finance, demographic change, institutional adaptation, and the distributional effects of technological progress.

He holds a PhD in Mathematical Finance from Boston University, and previously earned an MSc in Finance and Economics from the London School of Economics. He completed his undergraduate studies in Economics at Seoul National University under the Korea Foundation for Advanced Studies scholarship program.

Modified

Chinese-origin AI models jumped from 4.5% to 63% of enterprise use in one year
No law defines illegal AI distillation, letting extraction pass as ordinary training use
Closing that legal gap, not banning open models, protects both competition and security

Chinese-origin AI models made up roughly 4.5 percent of enterprise token usage on the OpenRouter marketplace in the first half of 2025. By the first week of July 2026, that share had climbed to 63 percent. Fourteen times higher in about a year. Behind that number sits a technique with a plain name and a murky legal status: AI model distillation. It means training a cheaper model to copy the behavior of a more expensive one. Distillation is not new. Anthropic and OpenAI both use it to build budget versions of their own flagship products. What changed in 2026 was scale and method. Rival labs were accused of pulling capability out of American systems through fabricated accounts, not paid use in the normal sense. That line, between training a model and stripping one, is where the real contest over AI leadership now plays out.

The Real Threat Behind AI Model Distillation

The usual way to talk about open-weight AI models treats them as a simple yes or no question. Should the United States restrict them, or let the market sort it out. This framing missed what actually happened between February and August 2026. Anthropic disclosed that DeepSeek, Moonshot and MiniMax had generated more than sixteen million exchanges with its Claude models. They did it through roughly twenty-four thousand fraudulent accounts. The company called it an industrial-scale extraction campaign. Four months later, Anthropic told the Senate Banking Committee something bigger. Operators tied to Alibaba's Qwen lab had run 28.8 million exchanges through nearly twenty-five thousand fake accounts in six weeks. That single episode was larger than the three earlier cases combined. By July, a Chinese open-weight model had outscored Anthropic's own flagship on a widely watched coding leaderboard. In that same stretch, brief export restrictions forced Anthropic to pull two of its newest models from the market entirely.

Figure 1: Four disclosures in eighteen months turned a technical debate into a live policy fight.

None of the accused labs has been found liable for anything, because no case like this has been tested in court yet. Model outputs are not covered by copyright. Copyright requires a human author and a model is not one. So any legal remedy has to come from somewhere else: trade secret law, or federal computer fraud statutes that were not written with this situation in mind. That gap matters more than the underlying technique does. Routine distillation, done through standard paid access, is common practice across the industry. It is not against the law anywhere. What Anthropic describes as an attack is the method of access, not the training step, a distinction clean in theory and hard to enforce in practice. The accounts behind the disclosed campaigns were not researchers running occasional queries. They were coordinated networks. They could manage thousands of identities at once, built to look like everyday traffic while quietly pulling out a narrow, valuable slice of a rival's capability.

Why the Pricing Gap Keeps Widening

Money explains a good part of why this fight matters now. DeepSeek's V4 Flash model reached seventy-nine percent on the SWE-bench Verified coding benchmark in April 2026. That put it within two points of its own larger sibling. Yet it charged roughly a tenth of a cent per thousand output tokens, about one hundred fifty times cheaper than a comparable American closed model. A widely read technology blog ran the numbers on a bigger model too. It found DeepSeek's V4 model priced at $3.48 per million output tokens, against roughly $75 for Anthropic's comparable Opus model. Architecture alone cannot explain a gap that size. Anthropic and OpenAI both remain cash-flow negative as of mid-2026. Every dollar of pricing power lost to a cheaper competitor cuts into the capital available for the next training run.

A congressional advisory body found in March 2026 that roughly 80 percent of American AI startups were already building products on Chinese open-weight models. Some of that shift reflects genuine efficiency gains. Some reflects Chinese state subsidy, which almost certainly lowers compute costs at the margin. Some of it simply reflects a markup that American labs had been charging and are now losing as competition tightens. All three explanations can be true at once. None of them fully accounts for a fourth channel that gets less attention: AI model distillation as a direct transfer of a costly capability from one lab's model into another's, at a fraction of what building it independently would cost. Inside the disclosed February campaign, the extraction was not spread evenly. One firm alone accounted for nearly four-fifths of the exchanges. A single determined actor, not a broad industry pattern, can drive most of the damage in a given episode.

Financial markets have started pricing this risk directly. Coverage of Alibaba's release of a model that matched or beat Anthropic's own flagship within days used a stark phrase for the resulting market: a death zone. Any provider lacking either frontier capability or rock-bottom pricing risks losing share outright. Anthropic's own accusation against Alibaba was followed by a sell-off in Alibaba's shares. It shows that investors on both sides of the Pacific now treat distillation exposure as a real line item, not a rumor. Between the two disclosed campaigns, the ratio of exchanges to fraudulent accounts nearly doubled, climbing from roughly 688 to about 1,152 exchanges per account. Extraction is getting more efficient, not just larger.

Figure 2: Four forces, not one, are pulling pricing power away from frontier labs at once.

What Counts as Legitimate Training

Supporters of open publication make an argument worth taking seriously and it deserves a serious answer rather than dismissal. More than two hundred seventy companies signed an open letter in July 2026, including Microsoft, Google, Meta and Nvidia. Their claim: openness strengthens security on its own, by exposing systems to wider scrutiny and reducing single points of failure. That claim holds up well in mainstream software security, where more eyes on code tends to catch more bugs. Anthropic's own rebuttal points elsewhere. The logic breaks down, it argues, in domains with a strong offense advantage. Biological weapons design is the sharpest example. A capable model there could shorten the path to serious harm faster than defenders could respond. Neither side has settled that argument with hard evidence yet.

The more immediate policy question is simpler. Can extraction be detected and separated from normal use. Anthropic says the accounts behind its disclosed campaigns ran through what it calls hydra cluster networks. These are coordinated groups that can manage more than twenty thousand accounts at once, routing traffic through third-party cloud platforms to dodge regional access limits. This kind of infrastructure looks nothing like a research team running normal queries. A workable policy response would let an independent body verify these claims, not the accusing company alone. Sanctions should target the fraudulent conduct, not open-weight publication itself, since weights already released cannot be unreleased. A related proposal, sometimes called a nutrition label for the AI supply chain, would require services operating in the United States to disclose which base models they actually run on. A meaningful share of American developers are building on Chinese models without knowing it themselves.

Security at the source matters just as much as detection after the fact. One of Anthropic's most restricted models was reportedly accessed by outside hobbyists on a public forum before its official release. Several hundred fraudulent accounts ran millions of queries against it during that window. That detail complicates the idea that extraction is purely a function of foreign sophistication. A company asking the government to treat its model outputs as strategic assets carries an obligation to secure them first, well before it asks the state to backstop that security through sanctions or trade restrictions.

What Happens If Nobody Draws the Line

A dispute inside the WordPress ecosystem offers an unlikely but useful comparison. In 2024, WordPress co-founder Matt Mullenweg accused the hosting company WP Engine of taking value from the open-source project without giving enough back. He cut off its access to core infrastructure, until a court forced the access restored. The specifics were messy and personal. The underlying claim was not: an open resource, sustained by a small group of contributors, only stays healthy if the businesses profiting from it put something back. AI distillation follows that same pattern in reverse. Frontier labs have spent tens of billions of dollars on training. The labs accused of extracting from them have, by Anthropic's account, spent nothing beyond the cost of running fake accounts.

The likely outcome falls between two extremes. American AI development does not collapse. China does not take over the field either. Frontier labs still hold enterprise and government contracts that are more insulated from consumer price wars than headline subscription numbers suggest. The slower and more consequential shift is different: a frontier that grows more secretive and more expensive to reach, as labs protect what pricing power remains. That means retreating from the openness that helped the field move as fast as it did in the first place. This slow retreat, more than any single accusation or lawsuit, is the real cost of leaving AI model distillation legally undefined.

Fourteen-fold growth in twelve months is not a rounding error. It did not happen because Chinese labs became fourteen times better at building models overnight. It happened because a legal and commercial system with no settled definition of illicit distillation left plenty of room for extraction to pass as ordinary use. Closing that gap does not require banning open-weight models, a step Anthropic itself has declined to ask for. It requires independent verification instead of taking an accuser's word alone. It requires sanctions aimed at fraud rather than at technology. And it requires public investment in domestic open alternatives good enough that developers choose them on the merits. Absent that combination, the frontier will not disappear. It will get smaller, more guarded and more expensive to reach and that is its own kind of loss for the openness that built this industry.


This article is based on an original research article published by The Economy Research. For the original version, please refer to Open Weights, Extracted Capabilities: Reassessing the Distillation Economy and the Contest for American AI Leadership.

This article reflects the analytical judgment of the author and does not constitute policy advice or the official position of any affiliated institution.

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Keith Lee
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Keith Lee is Professor of AI and Finance at the Gordon School of Business, Swiss Institute of Artificial Intelligence (SIAI). His primary research lies in financial mathematics and AI-driven computational science, with a focus on quantitative modeling of complex economic and financial systems. His work integrates machine learning, stochastic modeling, and data-centric methods to study structural transformations in markets and institutions.

His recent work examines the broader socioeconomic consequences of artificial intelligence, including labor markets, public finance, demographic change, institutional adaptation, and the distributional effects of technological progress.

He holds a PhD in Mathematical Finance from Boston University, and previously earned an MSc in Finance and Economics from the London School of Economics. He completed his undergraduate studies in Economics at Seoul National University under the Korea Foundation for Advanced Studies scholarship program.

Open Weights, Extracted Capabilities: Reassessing the Distillation Economy and the Contest for American AI Leadership

Open Weights, Extracted Capabilities: Reassessing the Distillation Economy and the Contest for American AI Leadership

Keith Lee*

*Swiss Institute of Artificial Intelligence, Chaltenbodenstrasse 26, 8834 Schindellegi, Schwyz, Switzerland

Abstract

Open-weight AI models have generally been discussed as a binary policy question: should the U.S. regulate them or not. That framing has become inadequate. Between February and August 2026, three separate incidents, Anthropic's disclosure of coordinated extraction by DeepSeek, Moonshot, and MiniMax, its later accusation against Alibaba's Qwen lab and the brief federal order on two of Anthropic's own frontier models, revealed that the harder problem is not whether open weights ought to be permitted but rather how a legal and commercial regime with no established standard of illicit distillation can keep American frontier labs funded while an increasingly powerful open-weight field, much of it Chinese and state-backed, closes the gap from below. This paper argues that the most significant challenge to American AI dominance is not open-weight technology per se but rather the lack of an enforceable boundary between legitimate model training and industrial-scale extraction, a gap that current policy proposals only partially close.

1. Introduction - Redefining the Policy Problem

For most of 2023 and 2024, the debate over open-weight artificial intelligence models proceeded along fairly comfortable lines. Meta released Llama, researchers argued about whether open models posed a proliferation risk and the practical stakes seemed distant from the commercial fortunes of Anthropic, OpenAI or Google DeepMind. That calm ended with a sequence of events concentrated in a single eighteen-month window. In January 2025, DeepSeek’s R1 model wiped out roughly $600 billion in Nvidia’s market value in a single trading session and OpenAI’s leadership publicly accused the Chinese lab of building its model by querying and replicating outputs from American systems.[1] A year later, in February 2026, Anthropic published a far more detailed account, naming DeepSeek, Moonshot and MiniMax as having generated more than 16 million exchanges with Claude through roughly 24,000 fraudulent accounts, in what the company called industrial-scale distillation.[2] By June, Anthropic had gone further still, telling the Senate Banking Committee that operators linked to Alibaba’s Qwen lab had run 28.8 million exchanges through nearly twenty-five thousand fake accounts over six weeks, a campaign larger than the three previous cases combined.[3] And in July, a Chinese open-weight model, Moonshot’s Kimi K3, outscored Anthropic’s own Claude Fable 5 on a widely watched coding leaderboard, even as briefly imposed export restrictions forced Anthropic to disable that same model and its more capable Mythos 5 sibling worldwide.[4]

The conventional way of narrating these events treats them as installments in a familiar story: China is catching up and the reason is theft. That story is not wrong so much as incomplete and its incompleteness matters for policy. It obscures the fact that the technique itself, model distillation, has no settled legal status in the United States. Training a smaller model on the outputs of a larger one is standard practice throughout the AI industry, used by Anthropic and OpenAI on their own systems to build cheaper variants for customers.[5] What distinguishes an ordinary customer relationship from what Anthropic calls an attack is not the technique but the mode of access behind it: fabricated accounts, evasion infrastructure and traffic volumes that bear no resemblance to legitimate use. Yet American law offers only an awkward fit for this distinction. Model outputs generated by a machine are not copyrightable under existing doctrine, since copyright requires human authorship, which pushes any legal remedy toward trade secret and computer fraud statutes that were not written with this scenario in mind.[6] The result is a policy vacuum in which the loudest and most detailed account of what has happened so far has come not from courts or regulators but from unilateral corporate disclosures and letters to individual senators.

This paper takes as its starting point the observation that open-weight models are neither an unambiguous public good nor a straightforward security threat and that debating them in those terms misses what is actually at stake. The stakes are structural. If commercial subscription revenue from Claude, ChatGPT and Gemini is what currently funds the enormous compute expenditures behind frontier model training and if that revenue can be eroded by competitors who reproduce a large share of the resulting capability at a fraction of the cost, then the sustainability of the American frontier itself becomes contingent on questions that have nothing to do with model design: whether distillation can be detected, whether it can be deterred without banning a legitimate technique and whether the resulting commercial pressure pushes toward a more open AI ecosystem or a more secretive and consolidated one. The chapters that follow examine, in order, what open-weight models are and why different providers pursue them for different reasons, what would follow if frontier labs lost the commercial position that funds their research, what tools exist or could exist to distinguish legitimate training from extraction and what an older dispute inside the WordPress ecosystem suggests about whether an extraction-heavy relationship between commercial users and an open commons can remain sustainable over time.

2. Open-Weight Models and the Divergence of Provider Incentives

An open-weight model occupies a specific point on a spectrum that runs from fully closed systems, where a user submits a query and receives an answer with no visibility into training data or methodology, to fully open-source systems, where the training data, code and resulting parameters are all disclosed. In between sit models such as DeepSeek’s V4 family, Alibaba’s Qwen series, Moonshot’s Kimi models and Z.ai’s GLM line, where the trained weights, the numerical parameters that determine how the model responds to input, are published for anyone to download, inspect, fine-tune or run locally, while the underlying training data and code used to produce those weights are not revealed.[7] This is a meaningfully different proposition from open-source software, where the entire recipe is available and a motivated developer can, in principle, reproduce the product from scratch. With an open-weight model, what is available is closer to a finished dish than a recipe: enormously useful, freely reusable but not something a downstream user could have produced independently without access to the compute and data the first developer possessed.

Figure 1. No open-weight model wins on every axis: DeepSeek is cheapest, GLM is most capable, MiniMax is fastest, a genuine three-way tradeoff, not a single leaderboard.

The commercial logic of ordinary open-source software is comparatively well understood. A company gives away code and earns revenue from complementary services: hosting, support, customization, enterprise licensing. Red Hat did this with Linux for two decades. WordPress.org licenses the software freely, while Automattic and a large ecosystem of hosting providers earn money alongside it. Open-weight AI models complicate this picture because the entities publishing them are not, in most cases, straightforwardly optimizing for adjacent revenue. As of mid-2026, the open-weight frontier is dominated by a small set of providers whose incentives diverge sharply. DeepSeek’s V4 Flash model, released in April 2026, reached seventy-nine percent on the SWE-bench Verified coding benchmark, within two points of its own larger V4 Pro variant, while pricing output tokens at roughly a tenth of a cent per thousand or about one hundred fifty times cheaper than a comparable American closed model on a per-token basis.[8] Z.ai’s GLM 5.2, released two months later, briefly became the top-ranked open-weight model on the Artificial Analysis Intelligence Index, only a few points behind Anthropic’s own Claude Fable 5. It did so days after the United States had temporarily forced Anthropic to withdraw Fable 5 from the market entirely on national security grounds.[9] MiniMax’s M3 model added native image and video understanding at similarly aggressive prices. The one prominent American entrant in this tier, Nvidia’s Nemotron 3 Ultra, trailed the leading Chinese models on most benchmarks but offered something the others could not: a fully domestic supply chain, an open training recipe and a vendor whose institutional incentive to sustain an open ecosystem has nothing to do with subscription revenue and everything to do with selling the chips that run all of these models regardless of who trained them.[10]

Figure 2. What was a rounding error eighteen months ago is now the majority of measured traffic; the empirical backbone of the "self-reinforcing advantage" claim just made.

These divergent motives matter because they change what “competing with open weights” actually means for an American policymaker or a frontier lab executive. Nvidia’s interest in a plural, open ecosystem is plain: more usable models, regardless of origin, mean more demand for the chips that run them and the company has said as much in signing the industry-wide “Open Weights and American AI Leadership” letter alongside more than two hundred and seventy other firms, including Microsoft, Google, Meta and OpenAI.[11] For the Chinese labs, the picture is murkier and contested. One line of analysis holds that Beijing’s industrial policy apparatus- central government guidance funds reported to channel several hundred billion dollars into strategic sectors including AI, provincial computing vouchers and energy subsidies covering as much as half the operating cost of data centers running domestic chips- provides Chinese labs a cost structure no ordinary commercial calculus could replicate.[12] A U.S. congressional advisory body reached a related conclusion in March 2026, describing China’s open ecosystem as generating a self-reinforcing competitive advantage and noting that an estimated 80% of American AI startups were already building on Chinese open-weight models by that point.[13]

A competing view, argued forcefully by some industry commentators, holds that the subsidy narrative does less analytical work than it appears to. One widely circulated technology blog pointed out that DeepSeek’s V4 model, a frontier-tier system in its own right, was priced at $3.48 per million output tokens against roughly $75 for Anthropic’s comparable Opus model, a twenty-one-fold gap that architecture and capability gains alone cannot plausibly explain. It argued that American frontier labs’ own claims of near-break-even pricing reflect marketing more than balance sheets, since independent providers hosting the very same open-weight Chinese models manage to remain profitable at a fraction of what the closed labs charge.[14] On this reading, the price gap says less about hidden Chinese subsidy than about the markup closed American labs have been able to sustain, a markup that a truy competitive open-weight tier is now eroding regardless of its country of origin. Both accounts can be simultaneously true in part: state support almost certainly lowers Chinese compute costs at the margin and closed-model pricing in the United States has almost certainly carried more margin than public statements about thin inference economics suggested. What the debate obscures, however, is a third and less examined channel through which cost advantage is achieved, one to which the paper now turns: not subsidy in the conventional sense but the direct transfer of a costly capability from one lab’s models into another’s, at a small fraction of what building that capability from first principles would require.

Figure 3. Even within the open-weight tier itself, price varies roughly eightfold; "open" and "cheap" are not synonyms and subsidy alone cannot explain every gap.
3. The Commercial Foundations of Frontier Development at Risk

It is worth taking the counterfactual seriously rather than treating it as rhetorical. Anthropic and OpenAI are, as of mid-2026, both cash-flow-negative enterprises whose commercial viability rests on the expectation that current subscription and API revenue, plus new capital raised against future returns, will fund training runs that are larger and more expensive than the last.[15] If open-weight alternatives, whether cheaper because of genuine efficiency, state support, distilled capability or some combination of the three, continue to close the performance gap while undercutting price by an order of magnitude, the immediate effect is not that frontier labs disappear overnight. Both companies retain substantial enterprise and government business lines that are comparatively insulated from consumer price competition. The more gradual and more consequential effect is on the rate of reinvestment. A frontier lab whose consumer and mid-market revenue is compressed has less capital available to fund the next scaling run and slower scaling compounds: a lab one generation behind the frontier finds it progressively harder to justify the valuation and capital raises needed to close that gap, particularly once investors start pricing in the possibility that whatever the lab builds next will be distilled by a competitor within months of release, as happened to MiniMax when Anthropic detected the lab redirecting a majority of its extraction traffic toward a newly released Claude model within twenty-four hours of that model’s launch.[16]

This dynamic is not speculative; its early stages are already visible in market behavior. Startups that had built products atop Anthropic and OpenAI’s APIs have begun migrating workloads to Chinese open-weight models hosted through intermediaries such as OpenRouter and Featherless, partly to control costs and partly, according to one economist who studies enterprise AI spending because the increase in these models reveals unmet demand that American providers have been slow to serve at a comparable price point.[17] Financial commentary describing the resulting competitive dynamic as a "death zone", a market in which any provider without either frontier-level capability or market-breaking pricing risks losing share entirely, is not limited to fringe analysts; it appeared in mainstream financial reporting following Alibaba’s release of Qwen3.8-Max, a model that appeared to match or exceed Anthropic’s own flagship in benchmark performance within days of release.[18] Anthropic’s stock-adjacent instruments and OpenAI’s private valuation discussions have both shown sensitivity to these developments, most visibly when Anthropic’s own June 2026 letter accusing Alibaba of large-scale distillation was followed by a sell-off in Alibaba’s own shares, evidence that markets on both sides of the Pacific are now pricing distillation risk directly into competitive strategy. [19]

Figure 4. The migration developers describe anecdotally shows up starkly in aggregate: a fourteen-fold jump in twelve months.

The question of who benefits from this dynamic deserves more precision than the shorthand “China wins” typically supplies. One financial commentator, writing about the Alibaba accusation specifically, argued that the act of copying is itself a lagging indicator of who holds the technological lead, since a firm spending 28.8 million queries reverse-engineering a competitor’s capabilities is, by construction, choosing to replicate rather than originate and cannot by definition surpass what it is copying through that method alone.[20] There is real force to this point and it complicates any simple narrative in which distillation alone hands China frontier leadership. But it also understates what distillation accomplishes even when it produces only a fast follower rather than a new leader. Amodei’s own account of the risk, offered in Anthropic’s July 2026 statement of position, is not that distillation lets Chinese labs surpass the American frontier but that it can compress the gap between the Chinese frontier and the American one to a matter of a few months, which is sufficient to blunt the commercial and geopolitical value of maintaining a lead at all.[21] A lead measured in months rather than years does little to reassure investors funding a hundred-billion-dollar training run and it does even less to reassure a Department of Defense weighing whether it can rely on a domestic supplier’s exclusivity for any meaningful period.

A more sympathetic reading of the competitive forces and one that deserves engagement rather than dismissal, holds that cheaper AI of any origin expands the total market for AI services faster than it erodes any individual provider’s position, an argument sometimes framed in terms of the nineteenth-century economist William Stanley Jevons’ observation that greater efficiency in resource use tends to increase total consumption of that resource rather than reduce it. Industry data cited in coverage of the mid-2026 Chinese model releases showed inference prices across the industry falling from roughly two dollars to $1.20 per million tokens within a matter of weeks, alongside American labs cutting their own developer pricing by as much as eighty percent in response, which some analysts read as evidence that falling costs were expanding the addressable market for AI applications rather than simply transferring revenue from American to Chinese providers.[22] The argument has genuine merit as a description of aggregate industry growth. It is less persuasive as a description of what happens to the specific firms, Anthropic and OpenAI chief among them, whose business models depend on maintaining pricing power at the frontier tier specifically, since an expanding market for AI overall does not by itself guarantee that the revenue funding the next scaling run accrues to the labs currently bearing the cost of frontier research.

Figure 5. The pricing power frontier labs are fighting to preserve, in one comparison: a closed flagship still costs roughly seven times more per output token.
4. Distinguishing Legitimate Training from Extraction: Detection and Policy Response

If the central danger is not the existence of open weights but the erosion of the commercial position that funds frontier development, the natural policy question becomes whether the underlying extraction can be detected, deterred and distinguished from legitimate training without banning a technique the entire industry depends on. The difficulty starts with definitions. Distillation, in the technical sense of training a smaller “student” model to mimic the outputs of a larger “teacher” model, is used by American frontier labs on their own systems constantly, to produce cheaper variants for customers. Legal scholars broadly agree that nothing in current intellectual property law makes the practice itself unlawful, since a model’s output, lacking human authorship, generally falls outside copyright protection.[23] What Anthropic characterizes as an attack is not the technique but the mode of access underlying it: coordinated networks of fraudulent accounts, described by the company as “hydra cluster” architectures, in which a single proxy network can manage more than twenty thousand accounts simultaneously, routing traffic through third-party cloud platforms to evade the regional access restrictions that prevent commercial use of Claude within China.[24] That distinction between distillation as a widely practiced training method and distillation carried out through systematic fraud is analytically clean but legally underdeveloped. A breach of a company’s terms of service is ordinarily a civil matter with limited remedies; the fabrication of identities and purpose-built evasion infrastructure to sustain unauthorized access moves the conduct toward statutes such as the Computer Fraud and Abuse Act and federal wire fraud provisions. However, no such case had yet been tested in court as of this writing.[25]

Table 1. Legitimate Distillation Versus Extraction-Pattern Distillation

DimensionLegitimate Distillation (Standard Practice)Extraction-Pattern Distillation (Alleged Attack)
Access methodOrdinary paid API access under standard terms of serviceCoordinated networks of fabricated accounts routed through proxy infrastructure
Query volume and patternVaried, consistent with ordinary product development or research useNarrowly concentrated on a rival's most differentiated capabilities, at industrial scale
Stated purposeProducing smaller, cheaper variants of a lab's own models, or legitimate research and evaluationSystematically reconstructing a competitor's proprietary capabilities without comparable investment
Legal exposureGoverned by ordinary contract and intellectual property law; not itself unlawfulPlausible exposure under the Computer Fraud and Abuse Act and federal wire fraud statutes, though untested in court
Example from the recordAnthropic's and OpenAI's own practice of distilling frontier models into cheaper variants for customersThe campaigns Anthropic attributes to DeepSeek, Moonshot, and MiniMax (Feb. 2026) and to Alibaba's Qwen lab (Jun. 2026)
Note: An analytical distinction, not a settled legal standard; accused firms have denied wrongdoing in every case so far.
Source: Compiled from Anthropic, Feb. 23, 2026; War on the Rocks, Aug. 3, 2026

The two disclosed episodes illustrate both the scale of the problem and the limits of unilateral corporate detection. In the February campaign, Anthropic attributed the DeepSeek portion specifically to internal reasoning-elicitation prompts designed to extract Claude’s chain-of-thought training data at scale and traced Moonshot’s activity through metadata that matched the public profiles of the lab’s own senior staff.[26] In the case attributed to MiniMax, Anthropic disclosed that it had detected the campaign while it was still active, before the resulting model had even launched, only to watch MiniMax redirect roughly half its extraction traffic within a day of Anthropic releasing a newer system.[27] The June episode attributed to Alibaba’s Qwen lab was, by Anthropic’s own account, larger than the three February campaigns combined and specifically targeted the software engineering, agentic reasoning and cybersecurity capabilities embodied in Anthropic’s most advanced frontier system.[28] Alibaba has not addressed the specifics of the allegation and no independent party has verified Anthropic’s figures; the entire account rests on the disclosing company’s own forensic analysis, a point War on the Rocks’ Ryan Fedasiuk raised as a genuine due-process concern, since sanctioning a foreign firm on the strength of an accuser’s internal investigation, however credible, sets an uncomfortable precedent for ad hoc adjudication in a market this consequential.[29] Independent trade press coverage of the same disclosure reported matching figures, lending at least secondhand corroboration to Anthropic's numbers even as the underlying characterization remains contested. [30]

Figure 6. Within the disclosed February campaign, one lab did most of the extracting: MiniMax alone accounts for nearly four-fifths of it.

China’s own government has responded in kind rather than engaging the specifics. In July 2026, its Ministry of Commerce accused unnamed American firms of distilling Chinese models. It threatened unspecified retaliatory measures should Washington impose sanctions, offering no company names and no supporting evidence, a mirror-image accusation that suggests both governments now treat the distillation dispute as leverage in a more extensive negotiation rather than as a discrete legal question awaiting resolution.[31] This symmetry is not entirely new. When DeepSeek’s R1 model first triggered scrutiny in early 2025, the incoming Trump administration’s AI advisor David Sacks stated there was “substantial evidence” that DeepSeek had distilled OpenAI’s models, a claim OpenAI’s own memo to Congress echoed a year later regarding continued circumvention of its access controls.[32] What changed between 2025 and 2026 was not the basic dispute but its scale, its formalization in detailed technical disclosures and its entanglement with a parallel and more explosive fact: Anthropic itself had settled a $1.5 billion lawsuit in September 2025 for training its own models on pirated books, a settlement critics on both sides of the debate have cited as evidence that frontier labs’ complaints about unauthorized capability extraction sit uneasily alongside their own record on intellectual property.[33] Some commentators went further, characterizing Anthropic’s distillation disclosures as self-serving alarm dressed up as a national security concern, one prominent critic mocking the idea that a company simultaneously marketed as a technically formidable frontier lab and as a victim unable to prevent unauthorized extraction of its own product.[34]

Figure 7. Set side by side, the two campaigns read less as a steady drumbeat than an escalation, February's "industrial scale" looks modest next to June's.

Set against this contested backdrop, the policy response that has gained the most traction, articulated most fully in War on the Rocks and repeated in Anthropic’s own stated position, rests on four related moves. First, responsibility for verifying an extraction claim should not remain solely with the accusing company; an independent body, potentially the U.S. Center for AI Standards and Innovation, would need to develop the technical capacity to confirm or disconfirm a distillation attack claim, separating conduct that constitutes fraud from conduct that merely constitutes training on data a firm made available, however reluctantly, to the public.[35] Second, sanctions targeting the specific labs found to have engaged in coordinated extraction, whether by Commerce Department Entity List designations, restrictions on U.S. cloud infrastructure access or other instruments, should attach to the fraudulent conduct rather than to the open-weight release itself, since weights already published cannot be unpublished. A ban on the underlying technique is neither enforceable nor consistent with how the American AI industry itself operates.[36] Third, a disclosure requirement, described by one analyst as a nutrition label for the AI supply chain, would require AI services operating in the United States to identify the provenance of their base models and where associated user data is processed, addressing the more mundane but arguably more consequential problem that many American developers are currently building on Chinese models without their own customers’ knowledge.[37] Fourth and perhaps most important from a purely competitive standpoint, sustained public investment in American open-weight alternatives, through instruments such as the long-pending CREATE AI Act, an open-weights track within the National Artificial Intelligence Research Resource or advance government purchase commitments for inference services built on domestically developed open models, would address the reality that developers are choosing Qwen and Kimi not from ignorance but because those models are free, permissively licensed and cheap to serve, qualities any credible American alternative would need to match rather than merely criticize.[38]

None of these measures resolves the basic tension identified in the previous chapter, that frontier labs need pricing power to fund development and that pricing power is precisely what a maturing open-weight ecosystem erodes regardless of its legality. What they can do is separate legitimate competitive pressure, which American policy has no principled basis for suppressing, from fraudulent extraction, which it does. Whether that separation holds in practice depends heavily on frontier labs’ own security posture, a point War on the Rocks pressed with some bluntness: Anthropic’s most restricted model was reportedly accessed by outside hobbyists on a public forum before its official release, during which several hundred fraudulent accounts managed to run millions of queries against it, evidence that the porousness enabling large-scale extraction is not exclusively a function of foreign state actors’ sophistication but also of American labs’ own uneven access controls.[39] A company asking the U.S. government to treat its model outputs as strategic assets carries some obligation to secure them as such before it can credibly ask the state to backstop that security through sanctions.

Figure 8. Accounts barely grew between campaigns, exchanges per account nearly doubled, extraction intensity per identity rising faster than the identities themselves.
5. Conclusion - Reciprocity and the Sustainability of the Open-Weight Commons

An older dispute, unrelated to artificial intelligence on its face, offers a useful, if imperfect, analogy: does the relationship between commercial beneficiaries of an open technology and the community that sustains it need to be reciprocal to remain viable over time and if so, what happens when it is not. The clearest domestic precedent is not from artificial intelligence at all but from the WordPress ecosystem, where roughly a third to just over two-fifths of the world’s websites run on software whose ongoing maintenance depends heavily on voluntary and corporate contribution rather than any licensing fee.[40] In September 2024, WordPress co-founder Matt Mullenweg publicly accused the hosting company WP Engine, then generating a large project, of failing to contribute adequately to its upkeep, calling the firm a cancer on the ecosystem and ultimately blocking its access to WordPress.org’s plugin and update infrastructure entirely, a move a federal court later ordered reversed on preliminary injunction grounds.[41] Automattic subsequently reduced its own contribution to the mutual maintenance effort to match what it characterized as WP Engine’s comparatively modest 50-hour weekly commitment, an unmistakable signal that the party that had historically subsidized the commons was no longer willing to do so unilaterally.[42] The dispute was confused, litigious and, in significant part, personal and it does not map cleanly onto the distillation debate. But the primary structural claim it dramatized, that an open resource sustained disproportionately by a handful of contributors can only remain healthy if commercial beneficiaries return some share of value to its maintenance, translates directly to the AI distillation problem, where the extraction has so far flowed almost entirely in one direction, from labs bearing tens of billions of dollars in training costs toward labs that, according to Anthropic’s own disclosures, have paid nothing beyond the cost of maintaining fraudulent accounts.

It would be an overstatement and not one this paper’s evidence supports, to claim that continued distillation at current rates spells the literal end of frontier AI development, in the way an unmaintained WordPress core might eventually leave hundreds of millions of sites exposed to unpatched vulnerabilities. Frontier labs retain revenue sources, enterprise contracts, government work and increasingly diversified product lines that are considerably more insulated from consumer-facing price competition than the WordPress analogy implies. What is more plausible and better supported by the trajectory traced across the preceding chapters, is a slower and more consequential shift: a frontier increasingly funded by concentrated enterprise and government revenue rather than broad consumer subscription, models released with narrower windows of open access before distillation risk forces tighter restriction and a research culture that grows more secretive precisely as the security case for openness, made forcefully in the industry’s own open letter, becomes harder to sustain in practice. Nvidia, Microsoft and their co-signatories argued in July 2026 that openness itself reinforces security by exposing systems to greater scrutiny and reducing single points of failure, a claim with real merit in domains such as conventional software vulnerability discovery.[43] Amodei’s own rebuttal, that this logic breaks down specifically in domains with a strong offense-defense asymmetry, biological weapons design chief among them, where a capable model might shorten the path towards catastrophic misuse far faster than defensive measures can be assembled, remains, on the evidence available as of this writing, unresolved by empirical testing rather than settled by either side’s assertion.[44]

The evidence assembled here supports a narrower and more defensible conclusion than either the alarmist framing, which treats every open-weight release as a national security emergency or the libertarian framing, which treats every distillation accusation as protectionist cover. What threatens American AI leadership is not the open-weight model as an artifact but the absence of a functioning boundary between legitimate competitive pressure and fraudulent capability extraction, a boundary that neither existing intellectual property law nor voluntary corporate disclosure has yet supplied. Narrowing that gap does not require banning open weights, a step even their most exposed victim, Anthropic, has explicitly and repeatedly declined to endorse. It requires an independent verification capacity that does not depend on the accused party trusting the accuser’s internal forensics, sanctions calibrated to fraud rather than to technical achievement, disclosure rules that let American businesses and their customers know what they are actually building on and a sustained public and private investment in domestic open alternatives capable of competing on the terms, price, license and ease of deployment, that are currently drawing developers toward Chinese models regardless of any accusation leveled against them. Absent that combination, the likely trajectory is neither China’s outright displacement of American frontier labs nor the collapse of AI development altogether. Still, a narrower, more defensive and more consolidated American frontier will be achieved by retreating from the openness that made rapid, distributed innovation possible in the first place.


References

[1] Seetharaman, D., & Arámburo, F. "OpenAI says China's DeepSeek trained its AI by distilling US models, memo shows." Reuters, via Yahoo Finance, February 2026.

[2, 5, 16, 24, 26, 27] Anthropic. "Detecting and preventing distillation attacks." Anthropic News, February 23, 2026.

[3, 28] Digital Applied. "Anthropic Accuses Alibaba of Record Model Distillation." June 27, 2026 (footnote 3 jointly with the following); Novet, J. "Anthropic accuses Alibaba of campaign to 'brazenly' and 'illicitly' extract AI capabilities." CNBC, June 24, 2026.

[4] Villasenor, J. "Why open-weight models are crucial for American AI leadership." Brookings, August 10, 2026; Schuler, M. "China Accuses US AI Firms of Distilling Chinese Models." Implicator.ai, July 27, 2026.

[6, 25, 29, 35, 37, 38, 39] Fedasiuk, R. "How to Stop China from Freeriding on American AI." War on the Rocks, August 3, 2026.

[7] Villasenor, J. "Why open-weight models are crucial for American AI leadership." Brookings, August 10, 2026.

[8, 9, 10] Clark, C. "The Open Weight Models that Matter: June 2026." OpenRouter Blog, June 27, 2026.

[11] "Open Weights and American AI Leadership." Open letter hosted by Microsoft Corporate Responsibility, July 24, 2026 (signatory count as of August 3, 2026).

[12] "AI Update #30: The Distillation Economy." Substack newsletter, May 4, 2026.

[13] Reuters. "China's open-source dominance threatens US AI lead, US advisory body warns." Via Yahoo News, March 23, 2026 (U.S.-China Economic and Security Review Commission report).

[14] Bhusal, M. "Why the AI Subsidy Story Keeps Getting Weaker." Personal blog, April 30, 2026.

[15] "Top American AI execs sound alarm on Chinese models." Via MSN, 2026.

[17] NPR. "Some U.S. startups are turning to cheap Chinese AI models." July 15, 2026.

[18] Bloomberg, via Business Standard. "China's AI advance creates 'death zone' for rival US model makers." August 4, 2026.

[19] 24/7 Wall St. "Anthropic Says Alibaba Used 25,000 Fake Accounts to Copy Its AI, and the Stock Is Already Sliding." June 2026.

[20] Forbes. "Anthropic Says Alibaba Used 25,000 Fake Accounts To Distill Claude." June 26, 2026.

[21, 44] Amodei, D. "Our position on open-weights models." Anthropic News, July 27, 2026.

[22] South China Morning Post. "Jevons Paradox: why China's cheap AI models could be good for Silicon Valley." 2026.

[23] Fedasiuk, R. "How to Stop China from Freeriding on American AI." War on the Rocks, August 3, 2026; NPR. "Allegations of AI distillation spark debate about IP theft. But is it illegal?" July 28, 2026.

[30] Morales, J. "Anthropic claims that China's Alibaba used 25,000 fake accounts and 28.8 million exchanges to illicitly 'distill' its Claude model." Tom's Hardware, June 25, 2026.

[31] Schuler, M. "China Accuses US AI Firms of Distilling Chinese Models." Implicator.ai, July 27, 2026.

[32] "After DeepSeek bombshell, ChatGPT's OpenAI accuses Chinese firms of replicating its AI models." Via Malay Mail, January 2025.

[33] Lichtenberg, N. "Anthropic claims 3 Chinese companies ripped it off, using its AI tools to train their models." Fortune, February 24, 2026.

[34] Techmeme aggregation of reactions to Anthropic's February 2026 distillation disclosure, including commentary from technology critics, February 2026.

[36] Amodei, D. "Our position on open-weights models." Anthropic News, July 27, 2026; Fedasiuk, R. "How to Stop China from Freeriding on American AI." War on the Rocks, August 3, 2026.

[40] Gravitykit. "WordPress powers 33% of the web in 2026 (down from 36% at its peak): CMS market share report." 2026 (HTTP Archive data, with W3Techs-methodology estimates placing total website share above 40%).

[41, 42] Mehta, I. "The WordPress vs. WP Engine drama, explained." TechCrunch, updated January 2025.

[43] "Open Weights and American AI Leadership." Open letter hosted by Microsoft Corporate Responsibility, July 24, 2026.

Why AI War Crimes Accountability Starts With a Missing Defendant

Why AI War Crimes Accountability Starts With a Missing Defendant

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AI reorganizes accountability for war crimes; it does not erase who is responsible
Ukraine shows cameras can prove intent; Gaza shows AI can obscure it
Synthetic media now lets perpetrators deny real evidence, demanding two preserved accountability chains

Two scenes are worth holding side by side. In the first, a row of men sits in a courtroom in 1945, confronted with their own signatures, their own orders, the people who carried those orders out. In the second, a drone circles a building, a model scores the odds that a shape on a screen is a fighter, and somewhere a strike happens with nobody visibly pulling anything. AI war crimes accountability has become urgent partly because these two scenes feel like they belong to different moral universes, and it's tempting to assume the second one lacks a clear answer to the question the first one settled: who did this.

The assumption deserves more scrutiny than it usually gets. The instinct that automation erases responsibility has real philosophical pedigree, but it may be confusing a location problem with an absence problem. The people who decided to build a targeting system, trust its output, and put it into a live conflict zone are, in most cases, still identifiable. How many hands touch a decision, and how far back the real choices happen, is what has changed and how far back in time the consequential choices tend to get made. A war crime that once required someone standing close enough to see a face might now trace back through a procurement office, a training dataset, and a command policy set months before anyone opened a live feed. The chain has gotten longer and harder to follow. Whether it has become untraceable is a separate, harder question, and one this piece takes seriously rather than assuming away.

There's a second, newer complication layered on top of the first, and it may be the more difficult one to solve. Even when the human chain behind a strike can, in principle, be reconstructed, the visual record of what happened is now contestable in ways it rarely used to be. Generative tools can manufacture footage of an atrocity that never occurred, and they can just as easily be invoked to cast doubt on footage of one that did. Both moves push toward the same outcome: a public, and eventually a court, less able to say with confidence what happened and who should answer for it.

Figure 1: Responsibility does not disappear as weapons grow more autonomous. It moves earlier in time and higher up the chain.

What Nuremberg Actually Proved

Return to that 1945 courtroom for a moment because the lesson people usually draw from it is worth revisiting. The common version says guilt always rises to the top, that the people who give orders bear it and the people who follow them are largely shielded. What the tribunal actually established was narrower, and arguably more useful for the present moment: an institution cannot fully absorb a crime the way a sponge absorbs water. A state can issue an order, but a state cannot be marched into a cell. Someone specific generally has to answer, and depending on what they knew, what they controlled, and whether a real choice was available to them, that someone can sit at almost any level of a hierarchy.

That last part is easy to underweight. Following orders was never treated as an automatic excuse under the postwar principles, but it wasn't treated as an automatic conviction either. The judgment asked what a person actually understood about what they were doing and whether they had meaningful room to refuse. That test was built for humans operating inside bureaucracies, and it translates, imperfectly but usefully, to humans operating inside algorithmic systems. A commander who activates a system with a known error rate, known blind spots, and a known population beneath it hasn't been replaced by that system so much as handed a decision with foreseeable consequences, which is the kind of decision legal systems have long claimed the ability to judge, even if doing so here will take real work.

Ukraine Suggests the Gap Is Often Manufactured, Not Built In

Skeptics of this argument sometimes point to Ukraine as evidence that drones create exactly the kind of anonymity that makes prosecution difficult. What the documentation there suggests is more complicated, and in places points the other way. Investigators looking into a sustained campaign of drone strikes on civilians in one Ukrainian region found operators using commercially available drones, watching their targets clearly enough on camera to identify a woman walking her dog or an ambulance arriving at a scene, and apparently striking anyway. Much of the footage came from channels linked to the units involved, posted in a way that reads less like concealment and more like indifference to being seen.

A camera, an apparent decision, and a surviving record don't look much like an accountability gap in the usual sense. There's a camera, an apparent decision, and a record that survived. What a case like this suggests is that precision and moral distance aren't necessarily the same thing. A system clear enough to let someone spare a civilian is also clear enough to let them target one deliberately, and when that happens, the technology hasn't obviously done much to the underlying chain of responsibility beyond making it easier, in this instance, to document. The pattern won't hold everywhere, but it's enough to show remote weapons don't automatically launder guilt on their own." (removes the duplicate.

Gaza Shows Where the Real Difficulty Sits

Gaza is the harder case, and it deserves to be treated as genuinely harder rather than waved past. There, by several accounts, artificial intelligence appears to have operated further upstream, generating and ranking lists of potential targets rather than simply assisting someone's aim. Reporting citing military intelligence sources described a system that flagged tens of thousands of names, paired with a review process that, according to those accounts, sometimes amounted to seconds of human attention before a strike was authorized. Independent human rights observers found the reported error rates and review times, if accurate, troubling enough to help explain casualty figures that would be difficult to account for through manual targeting alone.

Those specific claims remain contested, and treating disputed reporting as settled fact would be its own kind of mistake. The underlying question survives however the details eventually resolve. Even in a fairly charitable reading, humans built the target-generation system, humans set the threshold for how much verification a strike required, and humans apparently decided that speed mattered more than scrutiny in at least some cases. Very little of that decision belongs to the software itself. The temptation to say the algorithm did it is exactly the move any serious account of AI war crimes accountability probably needs to resist, since it's the one that lets responsibility drift upward and outward until it lands nowhere in particular.

The Second Front Few Frameworks Are Ready For

Even a carefully reconstructed chain of human decisions runs into a newer obstacle, one most legal frameworks weren't built with in mind. Convincing synthetic images and video have made it possible, at least in principle, to deny real atrocities simply by asserting, plausibly enough, that the evidence is fabricated. A government or armed group no longer necessarily has to disprove a photograph. It may only need to seed enough public doubt that the photograph gets treated as unreliable, which can quietly shift the burden of proof onto grieving families and independent investigators rather than the people responsible for what happened.

Figure 2: Authorization tells you who to blame. Evidence lets you prove it. Losing either one is enough to break accountability.

This is part of why a serious approach to accountability probably has to protect two separate threads at once rather than one. The first is a record of who designed, approved, and activated a given system, kept in a form resilient enough to survive an institution's later attempt to muddy it. The second is a record of what actually happened on the ground: images, logs, testimony, ideally authenticated before anyone has the chance to flood the space with convincing fakes. Losing the first thread tends to make responsibility hard to locate; losing the second makes it hard to prove even once it's been found. Modern conflict seems to be testing both threads at roughly the same time, which is a reasonable argument for treating them as one problem rather than two separate ones.

None of this suggests new weapons make accountability impossible. It suggests accountability now depends more than it used to on preserving records deliberately, rather than assuming they will simply exist. That looks like a solvable problem, though probably only if the people building and deploying these systems are treated, from the outset, as the ones responsible for solving it.


This article is based on an original research article published by The Economy Research. For the original version, please refer to The Machine Cannot Stand Trial: Responsibility for War Crimes in the Age of AI.

This article reflects the analytical judgment of the author and does not constitute policy advice or the official position of any affiliated institution.

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