The US government issued a Friday-night export control directive against Anthropic’s Fable 5, citing a jailbreak that could expose advanced cyber capabilities built into the underlying Mythos model. No statutory authority was publicly disclosed. No comment period was given.

Sam Enzer, Partner and CahillNXT Co-Chair at Cahill Gordon & Reindel, joins Austin Campbell, Ram Ahluwalia, and Chris Perkins to assess the directive’s legal standing. Enzer draws a parallel to Gensler-era regulation by enforcement: familiar government power applied to new technology, with no transparent framework. His central question: if export controls can reach an AI model’s API, can the same authority reach a US-based DeFi protocol serving foreign nationals?

Austin raises the Choke Point parallel and asks where the limiting principle actually is. Ram argues that restricting software is restricting speech under the First Amendment. Chris warns that national security will always be the trump card unless the industry makes a credible counter-argument.

With:

Guest:

    • Sam Enzer, Partner and CahillNXT Co-Chair at Cahill Gordon & Reindel

This clip is from a longer conversation on AI export controls, national security, and the First Amendment. Full episode here.

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