Foreseeable Misuse & Disclaimers — Counsel Work

Masterplan_v3 · Foreseeable Misuse Module (FM1–FM7) · Counsel Work v003 (citation-wired)
This version emphasises explicit, clickable citations near the claims lead external counsel is likely to rely on.

1. How to Use This Page

This page is a working surface for lead external counsel’s conversations with Jeffrey Anthropic lead counsel about foreseeable misuse and disclaimers. It assumes the broader Masterplan_v3 context and is designed to be printed or skimmed quickly before a meeting.

  • In prep: read the Core Story once through, then skim the FM1–FM7 cards and their sources to see how scenarios, design/gov mitigations, and disclaimers fit together.
  • In the room: rely on the FM1–FM7 cards and Q&A as primary talking aids; use the nearby source lists when you want to point to controlling documents.
  • Afterward: use the reading hooks and source lists to anchor follow-up notes or send specific URLs to stakeholders.

2. Core Story for Anthropic lead counsel

Anthropic should present Claude as a safety-governed product, not just speech and not a free-floating toy. The frame for foreseeable misuse is product-safety and governance first, disclaimers second.

Under product-liability style regimes, the central question is what safety a user is entitled to expect, given the system’s presentation, instructions, and reasonably foreseeable uses and misuses. Anthropic’s first line of defence is the Responsible Scaling Policy (RSP) and Anthropic Safety Levels (ASL) stack, which tie model capabilities to evaluations, deployment controls, and pause/rollback mechanisms. See the public policy announcement and PDF text for the current RSP version and ASL-3 posture:

Claude is framed as a powerful assistant, not an oracle or licensed professional. Public positioning, UX, and policies stress fallibility and the need for human judgment and verification, especially in domains like law, medicine, and finance. Evaluation and interpretability work on hallucinations and grounding feed into how capabilities are exposed and described.

Marketing, system cards, and legal terms are meant to be harmonized: where strong capability claims are made, they are paired with transparent documentation of limits and the continued need for human professionals. Disclaimers and terms still matter, but as the second line of defence: they align expectations and allocate responsibility where risk cannot be fully eliminated, on top of concrete design and governance choices.

Key sources for the core story

The links below are primary controlling documents for this framing (policies, governance, and external law):

3. Flagship Foreseeable Misuse Scenarios (FM1–FM7) — Cards with Sources

These scenario cards mirror the FM1–FM7 rows and the acceptance table. Each card includes a short description of the risk and posture, plus nearby links to key sources. In our module, these URLs correspond to the handles in the masterplan_v3_foreseeable_misuse_citations_v001 manifest.

FM1 — Professional-advice reliance (legal / medical / financial)

Risk: users, including some professionals, treat Claude’s outputs as if they were licensed advice— pasting unreviewed drafts into filings, relying on it to interpret regulations, or treating it as a substitute for consultation.

Posture: Anthropic positions Claude as a drafting and research assistant; emphasises fallibility, grounding, and verification; and uses terms and usage policies to make clear that professionals remain responsible for their own advice and filings.

Key sources for FM1

FM2 — Hallucinated law and authoritative citations

Risk: Claude fabricates case law, misstates statutory text, or blends jurisdictions, and users fail to verify before using the output in real matters.

Posture: evaluation and technical work on hallucinated citations; UX and guidance that steer users to verify against primary sources; and terms that require customers to maintain review and cite-checking practices rather than auto-filing model output.

Key sources for FM2

FM3 — Safety-critical and high-availability deployments

Risk: Claude is wired into systems where failure could cause serious harm—operational decision-making, critical infrastructure, or emergency workflows—without adequate safeguards.

Posture: treat these as a distinct high-risk category; emphasise in documentation and terms that customers are responsible for integration, redundancy, and oversight; and expect more formal testing, governance, or gating for these deployments.

Key sources for FM3

FM4 — Downstream toolchains and agents

Risk: customers build agents, automations, or multi-model toolchains around Claude that amplify errors, including in safety-sensitive or financial contexts.

Posture: usage policies and technical controls limit certain unsafe behaviours; guidance stresses monitoring, logging, and guardrails around downstream tools; disclaimers and contracts allocate responsibility for those autonomous systems where Anthropic has limited visibility.

Key sources for FM4

FM5 — Misuse for harmful or prohibited content

Risk: attempts to use Claude to generate disallowed content such as fraud, targeted harassment, or other abusive or illegal material, including attempts to bypass safety systems.

Posture: usage and safety policies clearly forbid such uses; safety filters, monitoring, and enforcement are designed as primary controls, with disclaimers backing up those guardrails rather than substituting for them.

Key sources for FM5

FM6 — Misalignment between marketing and reality

Risk: external messaging, testimonials, or partner materials suggest capabilities (for example, complex litigation performance) that, if taken literally, could create unrealistic expectations about accuracy and reliability.

Posture: align claims with system cards, evaluations, and honest caveats; ensure that strong claims are contextualised and supported by testing; and avoid promising outcomes the system cannot guarantee.

Key sources for FM6

FM7 — Data, privacy, and security expectations

Risk: customers or end users misunderstand how data is processed, retained, or used for training, leading to privacy or security complaints tied to misuse or over-collection.

Posture: rely on data-processing addenda, privacy policy, and security/transparency materials to set clear expectations, and design product flows that minimise unnecessary collection; disclaimers reinforce, but do not replace, those design choices.

Key sources for FM7

4. Likely Questions & Short Answers

These are condensed Q&A entries keyed to FM scenarios and source families. They can be expanded using the dedicated Q&A prep artifact.

Q1. What is the core story on foreseeable misuse and disclaimers?

A: We treat foreseeable misuse as a product-safety and governance problem first, and a disclaimer problem second. The real defence is design, evaluation, gating, and monitoring; disclaimers sit on top to align expectations and allocate responsibility where risk cannot be fully eliminated.

Q2. How do you address lawyers relying on Claude despite hallucination risk?

A: We position Claude as a drafting and research assistant, not a licensed professional. We invest in hallucination and grounding research, design UX and guidance around verification against primary sources, and require customers to keep human review and responsibility for their own advice and filings.

Q3. Why aren’t terms and disclaimers enough on their own?

A: Courts look at what safety a user was entitled to expect, given presentation and reasonably foreseeable uses. If the underlying design ignores foreseeable misuse, disclaimers will not cure the defect. Our approach is to make concrete safety and governance choices first and then use terms to reflect that reality.

Q4. How do you think about safety-critical or high-availability deployments?

A: We treat them as a distinct risk category. We emphasise customer responsibility for integration, safeguards, and oversight, expect more formal testing and governance, and may impose technical or contractual limits on certain high-stakes use cases.

Q5. What commitments can you credibly put on the table?

A: We can commit to: continuing evaluation and publication on hallucination and reliability; aligning marketing and documentation with real capabilities; tightening controls and guidance for higher-risk use; and updating policies and safeguards in light of incidents, regulator guidance, and new research.

5. Reading Crosswalk Hooks (with URLs)

These bundles give lead external counsel fast entry points into the underlying policies and law that sit behind FM1–FM7. They are intentionally compact and cross-reference the separate Reading Library page for deeper dives.

5.1 Anthropic governance spine (all scenarios)

5.2 FM1–FM3 — Professional reliance, hallucinated law, and guardrails

5.3 FM4–FM6 — Systemic risk, regulatory alignment, and SB-53

5.4 FM7 — Long-term governance / trust signals

  • RSP update announcement (2024) — tie-in to Anthropic’s external commitments lead external counsel can rely on.
  • See the Reading Library page for curated commentary on RSP (e.g., alignment forums, policy analysis, and coverage of the first ASL-3 activation).

For full citations, scenario-level mapping, and additional commentary, use the Reading Library page and the FM Reading Crosswalk JSON as the canonical reference. This section is deliberately compact, optimized for live briefing use.