OpenAI faces backlash for intimidating AI regulation advocates with subpoenas

OpenAI is once again under fire after reports emerged that the company has served subpoenas to civil society groups and individuals advocating for tougher artificial intelligence (AI) regulations, including backers of California’s new AI transparency law, SB 53.

Nathan Calvin, an attorney with the nonprofit group Encode, revealed he was personally served a subpoena at home by a sheriff representing OpenAI.

Notably, Encode has been a vocal critic of OpenAI’s shift to a for-profit model and helped draft SB 53, which requires greater transparency in AI development.

Calvin said that the subpoena demanded access to his communications with California lawmakers, students, and former OpenAI employees, which he described as an “intimidation tactic.”

“I believe OpenAI used the pretext of their lawsuit against Elon Musk to intimidate their critics and imply that Elon is behind all of them,” Calvin wrote on X (formerly Twitter).

OpenAI reportedly sought details about Encode’s financial backers and any contact with Musk, though Calvin denied any connection.

“Elon isn’t involved with Encode. Elon wasn’t behind SB 53. He doesn’t fund us, and we’ve never spoken to him,” he stated.

Calvin also claimed that OpenAI sent a letter to Governor Gavin Newsom urging him to weaken SB 53 by removing requirements for companies working with the federal government on AI evaluations.

However, in response, OpenAI Chief Strategy Officer Jason Kwon denied the accusations, saying the subpoenas were part of evidence preservation in the company’s ongoing lawsuit against Musk.