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OpenAI’s Subpoenas of Small AI Advocates Draw Backlash as Encode Refuses to Comply

Encode accuses OpenAI of using litigation tied to its Musk dispute to chill policy criticism around California’s new AI transparency law.

Overview

  • Encode general counsel Nathan Calvin says a sheriff’s deputy served him an OpenAI subpoena at his home in August seeking private messages with California legislators, students, and former employees.
  • Calvin says the subpoena demanded all communications related to SB 53, asserts Encode is not funded by Elon Musk, and confirms the group declined to produce documents.
  • OpenAI points to a statement from its chief strategy officer that the discovery aimed to understand whether critics or groups backing Musk’s legal challenge were supported by outside funders.
  • AI watchdog founder Tyler Johnston reports receiving a similarly broad subpoena requesting a list of every journalist, congressional office, partner, former employee, and member of the public his group contacted about OpenAI’s restructuring, and current and former OpenAI figures publicly criticized the tactics.
  • During SB 53 negotiations, OpenAI urged California officials to deem companies compliant if they had federal safety agreements or joined international frameworks, a carve‑out critics say would have narrowed the law’s reach.