Yeah, seems pretty likely. Anthropic will make the case that their models should be evaluated with the safety layer in front, because that is the only way the model is available whereas open weight models need to pass the same test just on the weights. The economic implications will be rather large, but in terms of security it seems inconsequential. The most compelling argument would be that by limiting the use of open-weight models in the US that it will reduce cases of accidents like the recent attack on Hugging Face. More crucially though, the US government can do little to enforce their testing requirements. The nature of open-weight models makes it virtually impossible to clear the same bar for security as models served via an API. Open-weight model makers couldn't comply if they wanted to. The US government can restrict access with IP blocks and limit inference capacity with export controls, but these measures are not effective in deterring malicious actors.