Anthropic given draft data centre rules before publication, FOI documents show

The documents, released under FOI, show the government gave Anthropic a draft of its data centre expectations while negotiating a memorandum of understanding signed on April 1, in which the company agreed to follow them. The guidelines, published on March 23, tell developers of large new data centres to put the national interest first, with the government saying they are designed to stop data centres pushing up power bills.

The expectations are not yet legally binding, but the government plans to make them mandatory under national AI standards to be legislated early next year. As proposed, that would place Anthropic's own Australian data centre plans under the rules it saw in draft. Industry and Innovation Minister Tim Ayres has said projects need to meet the guidelines "to secure Commonwealth government support".

The Industry Department's briefing material, written on March 18, five days before the guidelines were published, states "the department consulted Anthropic on the development of the expectations". It adds that the advice could change "pending the outcome of today's meeting with Anthropic". The rest of the passage was blacked out.

An Anthropic spokesperson said the company "received the draft expectations for consideration in the MOU" signed with the government, a non-binding agreement to work together on AI. "It would be inaccurate to suggest we had any influence on the final data centre expectations," the spokesperson said.

Analysis

Why This Matters

The guidelines are set to become mandatory under national AI standards to be legislated early next year, meaning rules Anthropic saw in draft would bind all large data centre developers in Australia, not just the company.
The timing raises transparency questions about a major AI developer with commercial interests in the rules being consulted before they were public.
Data centres are heavy electricity users, so the design of these rules affects power prices and infrastructure planning.

Background

Australia has been expanding AI data centre capacity as global technology companies invest in local infrastructure. Data centres consume large amounts of electricity, and the federal government has said its expectations are meant to ensure large developments serve the national interest rather than push up power bills. The guidelines are currently voluntary, with the government planning to make them binding through AI standards legislation early next year.

Key Perspectives

Anthropic: The company says it received the draft expectations for consideration in its non-binding MOU with the government, signed April 1, and denies having any influence on the final document. The government: The Industry Department's briefing notes describe its consultation with Anthropic as part of developing the expectations, and Minister Tim Ayres has said projects must meet the guidelines to secure Commonwealth support. Critics/Skeptics: The consultation recorded five days before publication, and a meeting with Anthropic the same day, may prompt questions about whether a major AI developer received preferential access to draft policy, and about the contents of the redacted passage.

What to Watch

Further FOI releases or the unredacted passage of the March 18 departmental briefing.
The AI standards legislation due early next year, which would make the guidelines mandatory.
Whether other data centre developers or AI companies received similar draft access.

Analysis

Why This Matters

Background

Key Perspectives

What to Watch

Sources