From Courtroom to Diplomatic Cable
What the US government has constructed here is an enforcement posture without an enforcement mechanism. The OSTP characterization of distillation as an 'industrial-scale campaign' and the State Department's directive for a coordinated global warning effort establish the legal and diplomatic vocabulary for future action — but the underlying IP framework for prosecuting model distillation across borders does not yet exist. The labs that raised this concern privately with lawmakers, including OpenAI's prior warnings about cross-model imitation, are now watching those warnings become official government language. The consequence is that compliance teams at US AI firms face a new category of obligation: not just protecting their models under copyright or trade secret law, but cooperating with a national security framing that places their IP in the same conversation as export controls. That repositioning has already happened — the cable is public and the OSTP statement is on the record.