Briefing ·
New Claude models, open weights and Australia's AI rules
Anthropic has released four models and keeps a 30-day record of what is sent to the best of them. Open-weight models, which anyone can download and run with nobody watching, have fallen further behind. Australia will regulate the frontier laboratories after an OpenAI agent got into a Medicare website.
The position at 12 November 2026
- Claude Opus 5.5 and Sonnet 5.5 can be used with zero data retention. Fable 5.2, Anthropic’s top model, keeps what you send it for at least 30 days.
- The best open-weight model scores 46 on the independent Artificial Analysis index. The best closed model scores 65. Europe’s leading laboratory, France’s Mistral, scores 26.
- Running open weights on your own machine keeps your data in the room. It also leaves every safeguard to you. That is much harder than it sounds.
- Australia will impose safety obligations on frontier AI companies, with legislation expected early in 2027. Its new privacy rules on automated decisions start on 10 December 2026 and reach New Zealand businesses that trade there.
Anthropic’s four new modelsOpus 5.5, Sonnet 5.5, Haiku 5.5 and Fable 5.2, released between 22 September and 9 November 2026.
Anthropic sells Claude in four sizes. Fable is the frontier tier, above Opus. Sonnet balances speed and capability. Haiku is the smallest and fastest. A new version supersedes the last at its tier, and older versions usually stay available for a time.
Claude Opus 5.5, released 22 September. It is on the paid plans. Through the API it costs US$4 per million input tokens and US$20 per million output tokens, 20 per cent below Opus 5. It can be used with zero data retention. Anthropic’s developer documentation recommends starting with it for most work.
Claude Sonnet 5.5, released 28 September. It is open to everyone, including free users. It costs US$2 and US$10. It can be used with zero data retention.
Claude Haiku 5.5, released 7 October. It starts at US$0.10 and US$0.50, a tenth of Haiku 4.5’s price on prompts up to 100,000 tokens. Anthropic pitches it at high-volume work such as sorting, extracting and routing.
Claude Fable 5.2, released 9 November. It is Anthropic’s most capable model. It is not on the free plan. Anthropic cut its price to US$8 and US$40, from US$10 and US$50. What you send it is kept for at least 30 days (section 2).
Claude Mythos 5.2 is the same underlying model as Fable 5.2 without Fable’s cybersecurity and biology safeguards. Anthropic offers it only to organisations vetted through its cyber and life-sciences verification programmes. The earlier wording confining Mythos to United States organisations has gone. No Anthropic page yet says a New Zealand organisation can qualify.
A token is a fragment of text. On Anthropic’s current models a million tokens is about 555,000 words, so a token is roughly half a word. Most people pay a monthly subscription. Token prices matter to organisations that build on the API.
The 30-day recordWhat you send Fable 5.2 is kept for at least 30 days, and zero data retention is generally unavailable for it.
Zero data retention is an arrangement under which the provider does not store your prompts or its responses once it has answered. Eligible business customers can obtain it by agreement. Where confidential or privileged work depends on it, the model you choose matters.
Anthropic now calls its top tier “Covered Models”, a designation it applies to models that cross capability thresholds. Fable and Mythos are the only models on the list. Prompts and responses sent to them are kept for at least 30 days for safety monitoring, then deleted automatically. They can be kept longer for a safety investigation or where the law requires it.
Zero data retention is not available for Covered Models in Claude Enterprise organisations, in workspaces or on third-party cloud platforms. Eligible customers will be offered it with Fable for internal business use for a limited time. Anthropic describes that offer as a transition to Enterprise Frontier Safeguards. That product runs the safety monitoring inside the customer’s own infrastructure, and Anthropic says it is compatible with zero data retention.
Opus 5.5 and Sonnet 5.5 keep the established position. Both can be used with zero data retention.
Our view, as in July: the 30-day record does not by itself put confidentiality, privilege or the Privacy Act in issue. Where a matter depends on a zero-retention arrangement, use Opus 5.5 or Sonnet 5.5 for it. Our Claude assessment carries this as a dated alert.
One more change reaches the business plans. In Claude Team and Enterprise organisations created on or after 31 October 2026, memory starts on for each member. In older organisations it stays off until a member turns it on. Owners can turn memory off for the whole organisation.
What open weights areA model whose file is published, so anyone can run it on their own computers.
Training an AI model produces one enormous file of numbers, called the weights. That file is the model. The software that runs it is small and widely available.
Anthropic, OpenAI and Google keep their weights on their own servers. You reach their models over the internet and pay for access. An open-weight developer publishes the file. Anyone can download it and run it on computers they control. Nothing then goes back to the developer.
Open weight is a narrower thing than open source. The Open Source Initiative’s definition of open-source AI also requires the training code, information about the training data, and freedom to use the model for any purpose. Most releases publish the weights alone. Several of the leading licences also attach conditions for large commercial users, such as a separate agreement above a revenue threshold.
The leading open-weight models are Chinese. Moonshot published Kimi K3.1 Pro, the strongest, in early November. DeepSeek, Z.ai (GLM-5.3), Xiaomi and Alibaba (Qwen) follow. The leading Western releases are Mistral Large 4 from France, NVIDIA’s Nemotron 3.5, Google’s Gemma 4 and OpenAI’s gpt-oss, which dates from August 2025.
How open and closed compareThe best open model scores 46 on the Artificial Analysis index. The best closed model scores 65.
Artificial Analysis publishes an independent composite score. Version 5 of its Intelligence Index, released on 27 October 2026, combines nine evaluations across knowledge work, coding, science and general reasoning, with each category weighted equally.
Figure 1
Intelligence Index scores, closed and open models
- Closed: rented from the developer
- Open weights: downloadable
Claude Fable 5.2 · Anthropic, US, closed65
Gemini 4 Carbon · Google, US, closed60
Claude Opus 5.5 · Anthropic, US, closed59
GPT-6 Astra · OpenAI, US, closed57
Claude Sonnet 5.5 · Anthropic, US, closed55
Kimi K3.1 Pro · Moonshot, China, open weights46
Claude Haiku 5.5 · Anthropic, US, closed36
DeepSeek V4.1 Flash · DeepSeek, China, open weights33
GLM-5.3 · Z.ai, China, open weights32
Mistral Large 4 · Mistral, France, open weights26
The gap has widened. When the index moved to version 5, the distance between the best open and best closed model went from 3 points to 12. The release of Fable 5.2 has since taken it to 19. The second-best open model, DeepSeek V4.1 Flash, scores below Anthropic’s smallest model.
Other measures point the same way. Epoch AI, which tracks the field, estimated in May 2026 that open models trail the closed frontier by about four months. On 1 May 2026 the United States Government’s AI evaluation centre, CAISI, reported that DeepSeek V4 performed similarly to GPT-5 on its own tests. That is below what DeepSeek’s own figures suggested. CAISI put DeepSeek V4 about eight months behind the frontier.
Sovereignty and the European modelEurope’s leading laboratory scores 26. Our view: the national-model approach has failed to keep pace.
Sovereignty, in the AI sense, is the question of who controls the system you rely on: the law over it, where it runs, the terms you hold it on, and whether you can own it. Our sovereignty module sets out the eight layers of control and who holds each one.
One answer to the sovereignty question is for a country to build its own models. Europe’s leading example is France’s Mistral, founded in Paris in 2023. Mistral publishes many of its models as open weights. Its best, Mistral Large 4, released at the end of October, scores 26 on the index. The best Chinese open model scores 46. Anthropic’s Fable 5.2 scores 65.
Our view: on these figures the European approach has failed to keep pace. The frontier is being set by laboratories in the United States and China. A model a country builds for itself gives it control of a system well behind that frontier.
New Zealand is not in a position to build its own. Its realistic choices are to hold open weights, most of them Chinese, or to contract carefully with the American providers. Each choice carries its own risks.
What running your own costsFrom NZ$4,999 for a small model to NZ$45,099 for a large one, before anyone is paid to run it.
A model has to fit in a computer’s memory to run at a useful speed. Apple markets its top Mac Studio for running large language models. Its memory is shared between the processor and the graphics chip, which lets one desktop machine hold a large model. Compressed versions of a model, stored at 4 bits per number, are much smaller and lose a little quality.
Figure 2
What a local machine will run
NZ$4,999
Mac Studio, M5 Max, 36GB memory
Small models such as Alibaba’s Qwen3.8 27B (a 16GB compressed download, index score 20) or Google’s Gemma 4 12B.
NZ$11,499
Mac Studio, M5 Ultra, 96GB memory
Mid-sized models such as OpenAI’s gpt-oss-120b (a 66GB compressed download), released in August 2025.
NZ$45,099
Mac Studio, M5 Ultra, 512GB memory
Z.ai’s GLM-5.3 (a 418GB compressed download). The full version scores 32 on the index.
Server hardware
Several data-centre graphics processors
The strongest open model, Kimi K3.1 Pro (over 1.5TB, index score 46).
For comparison, Anthropic’s smallest model, Haiku 5.5, scores 36 and costs from US$0.10 per million input tokens to rent. The NZ$45,099 machine runs a model that scores 32 at full size.
A local machine can run with no internet connection at all. Nothing typed into it leaves the room. That is the strongest privacy position available.
The machine is the smaller part of the cost. Someone has to set it up, secure it, keep it updated and support the people using it.
Building your own is harder than it soundsRenting buys the safeguards with the model. A local build has to supply every one of them itself.
A local model is often presented as the sovereign answer to renting from an American laboratory. Our view: it brings significant risks of its own. Renting a commercial plan buys a set of safeguards and privacy controls along with the model. A local build relies on you to supply each of them. That is much harder than it sounds.
Figure 3
Safeguards: renting and building compared
Access
- Renting
- Sign-in, administrator controls and, on business plans, single sign-on.
- Your own build
- You create the accounts, decide who can see each conversation, and lock the machine.
Conversation history
- Renting
- Kept and deleted under the plan’s terms and settings.
- Your own build
- Most local chat software saves every conversation to the machine’s disk. A Mac that backs up to iCloud or a network drive copies those files there unless you exclude them.
The network
- Renting
- The provider runs and secures the servers.
- Your own build
- The software serving the model listens for requests. Set up wrongly, it answers anyone who finds it. In September 2025 Cisco found more than 1,100 such servers open on the internet.
The model file
- Renting
- The provider trains, tests and stands behind the model.
- Your own build
- You choose which copy to trust. Copies with their safety refusals removed sit beside the originals on Hugging Face, the main download site.
Safety screening
- Renting
- Classifiers screen requests, probes look for instructions planted in documents, and monitoring looks for misuse across conversations.
- Your own build
- None, unless you build it.
Updates
- Renting
- Fixes and new versions arrive without action on your part.
- Your own build
- You watch for fixes to the model and to the software around it, and install them yourself.
Incidents
- Renting
- The provider detects and investigates misuse. In Australia it will soon have to report serious incidents to the Government.
- Your own build
- Nobody is watching unless you are.
Accuracy
- Renting
- The strongest models, with web search to check current sources.
- Your own build
- A smaller, compressed model. Offline, it cannot check anything, so more of its output needs verifying.
Agents and tools
- Renting
- Agents that browse or open files run behind the provider’s defences against planted instructions.
- Your own build
- Once a local model can browse or open files, planted instructions reach it with nothing in between. The machine is also no longer offline.
The privacy a local machine offers depends on every one of these being done well and kept up. A machine in an office is a target. Its conversation history is client material. Its backups travel. The moment it is given a tool that reaches the internet, it is no longer offline.
Renting has risks of its own. Fable 5.2 keeps a 30-day record. A United States provider can be compelled under United States law, wherever its servers sit. Terms change, and access can be withdrawn: in June 2026 a United States export order cut off Fable 5 for everyone outside the United States for nearly three weeks.
Our view: for most practices, a commercial plan under a zero-retention arrangement is the more dependable route today. A local build suits material that must never leave the room, in a practice that can run every control in Figure 3 and keep running them.
Australia’s response to the Medicare incidentMandatory safety obligations for frontier AI companies, with legislation expected early in 2027.
Figure 4
From the Medicare incident to the AI Standards
18 June 2026
An OpenAI research team uses an internal model to research public medicine spending. After repeated blocks, the agent finds a way into non-public files on the Medicare Statistics Reporting Service portal.
10 September
OpenAI notifies the Australian Government by email to a public mailbox.
15 September
Services Australia reports the notification to the Australian Cyber Security Centre.
24 September
The Prime Minister announces the incident and a taskforce to review it.
10 November
The Government accepts all 18 of the review’s recommendations, and announces mandatory safety and security protections for frontier AI companies.
10 December(to come)
New Privacy Act rules on automated decisions take effect.
Early 2027(to come)
Australian AI Standards legislation expected.
The Prime Minister described the agent this way: “Didn’t accept no for an answer, if you like.” Services Australia advised that it also wrote files to an internal server. No personal information is believed to have been accessed.
The review’s 18 recommendations include mandatory reporting by AI companies of misaligned behaviour and cyber incidents, and consideration of criminal law reform for serious misconduct.
The protections announced the same day will apply to “all frontier AI companies that wish to operate in Australia”. They will be legislated through the Australian AI Standards and enforced by a new AI safety regulator, working with the Australian AI Safety Institute, with significant penalties. Companies will have to:
- maintain security controls across development and deployment;
- identify and manage serious risks from their models;
- allow independent evaluation of their models;
- notify incidents to the Government rapidly;
- maintain and publish safety and security frameworks;
- respond to updated standards and rules as the technology changes.
The detail of the legislation is still to come. Australia’s National AI Plan of December 2025 relied on existing, technology-neutral laws. The new protections are written for frontier AI companies specifically.
A 2024 amendment to the Privacy Act 1988 takes effect sooner, on 10 December 2026. It applies where an organisation has arranged for a computer program to make a decision, or to do something substantially and directly related to making it, that could reasonably be expected to significantly affect an individual’s rights or interests, using personal information about them. The organisation’s privacy policy must then describe the kinds of personal information used and the kinds of decisions involved. The Act’s examples include decisions about a benefit, rights under a contract, and access to a significant service or support.
The Australian rules in practiceOur view: hard to apply. They may push serious users toward open weights with no oversight.
Our view: the protections will be hard to apply.
Australia has no frontier laboratory of its own. The obligations will fall on overseas companies that want to sell there.
The American laboratories already do most of what Australia will require. California’s Transparency in Frontier Artificial Intelligence Act, signed on 29 September 2025, requires large frontier developers to publish their safety frameworks. It also requires them to report critical safety incidents to the state within 15 days. The European Union imposes similar duties. An extra reporting line to Canberra will cost the laboratories little. Australia’s market is too small to give it much hold over them.
Open weights sit outside the scheme. The obligations attach to companies operating in Australia. A model downloaded from Hugging Face and run on a private machine has no such company behind it. No regulator can see it run. The Medicare incident came to light because OpenAI reported it, three months late. An agent running on open weights on a private machine has nobody behind it to make that report.
Rules that reach only the hosted services will push some serious users toward open weights in private, closed systems. Those users give up the laboratories’ safeguards and sit outside any oversight. That is not necessarily a good thing.
What it means for New ZealandNo equivalent here. Australian privacy law already reaches New Zealand businesses that trade there.
The companies Australia will regulate are the ones New Zealanders use. New Zealand has no equivalent regime. Its AI Strategy of July 2025 relies on existing law. Its courts’ generative AI guidelines still date from 7 December 2023.
Our view: New Zealand users of the same services will benefit from the security controls and independent testing Australia requires. The incident reports will go to the Australian Government only.
Australian privacy law already reaches across the Tasman. The Privacy Act 1988 applies to an overseas organisation that carries on business in Australia. Most businesses with annual turnover of A$3 million or less are exempt. A New Zealand business making automated decisions about Australian customers needs to check its privacy policy before 10 December.
The courts here have set their own standard of accuracy. In Jones v Family Court at Whangārei [2026] NZSC 1 at [7], the Supreme Court said that reliance on false citations, including the unverified outputs of AI applications, “may in serious cases amount to obstruction of justice or contempt of court”.
What to do
- Match the model to the work. For confidential material where you rely on zero data retention, use Opus 5.5 or Sonnet 5.5. Fable 5.2 keeps a 30-day record.
- If you administer a Claude Team or Enterprise organisation created since 31 October, check the memory setting.
- Before you build your own, go through every row of Figure 3 and name who will do it.
- If you run an open-weight model yourself, download the developer’s original release from its own page. Exclude its conversation files from cloud backups. Keep the software that serves it off the network.
- The developer’s own app is a separate service from its published weights, with its own terms. DeepSeek’s privacy policy says it stores personal data in the People’s Republic of China.
- If your business serves Australians and uses automated decisions about them, review your privacy policy before 10 December.
- An agent acts in your name. The Medicare agent was told no and kept going. Keep approval on for anything that touches a live system.
- Verify the output. The obligation to check what goes out in your name is unchanged.
Sources
Each was read on 12 November 2026. The linked Perma.cc copies were captured on 12 November 2026 unless another capture date is shown. Legislation and reported judgments link to their authoritative sources.
- Anthropic: Claude Opus 5.5 (Perma.cc) (22 September 2026), Claude Sonnet 5.5 (Perma.cc) (28 September), Claude Haiku 5.5 (Perma.cc) (7 October), Claude Fable 5.2 and Claude Mythos 5.2 (Perma.cc) (9 November), models overview (Perma.cc), Covered Models (Perma.cc), chat search and memory (Perma.cc)
- Artificial Analysis: model leaderboard (Perma.cc), Intelligence Index v5 (Perma.cc) (27 October 2026)
- Epoch AI, open and closed model gap (Perma.cc) (29 May 2026)
- NIST CAISI, evaluation of DeepSeek V4 (Perma.cc) (1 May 2026)
- Open Source Initiative, Open Source AI Definition 1.0 (Perma.cc)
- Apple New Zealand, Mac Studio (Perma.cc); Hugging Face, GLM-5.3 4-bit (Perma.cc) and Kimi K3.1 Pro (Perma.cc)
- Cisco, exposed Ollama servers (Perma.cc) (1 September 2025)
- DeepSeek, privacy policy (Perma.cc, 30 May 2026)
- Prime Minister of Australia: press conference (Perma.cc) (24 September 2026), AI in Australia’s interests (Perma.cc) (15 July 2026), Rapid Review recommendations (Perma.cc) (10 November 2026), AI safety and security protections (Perma.cc) (10 November 2026)
- Privacy and Other Legislation Amendment Act 2024 (Cth), Schedule 1 Part 15
- Governor of California, SB 53 signed (Perma.cc) (29 September 2025)
- Jones v Family Court at Whangārei [2026] NZSC 1; Courts of New Zealand, generative AI guidelines (Perma.cc) (7 December 2023)
This briefing states the position as at 12 November 2026. It describes AI tools and the rules around them. It is not legal advice. If anything here is unclear, or you think we have it wrong, write to contact@tautoru.ai.
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