A three-person AI policy nonprofit, Encode, has publicly accused OpenAI of employing intimidation tactics to influence California’s SB 53, the state’s new AI safety law. Encode alleges that OpenAI used its legal dispute with Elon Musk as a pretext to target and intimidate critics, including their organization, by implying they were secretly funded by Musk.
Key Takeaways
- Encode claims OpenAI used subpoenas as a tool to intimidate critics and undermine California’s SB 53 AI safety law.
- OpenAI, through its Chief Strategy Officer Jason Kwon, stated that subpoenas are standard in litigation and questioned Encode’s funding and its support for Elon Musk in a separate lawsuit.
- The accusations have drawn attention from former OpenAI employees and other AI safety researchers, many expressing concern.
- SB 53, signed into law in September, mandates transparency and safety reporting for developers of advanced AI models.
Allegations of Intimidation
Nathan Calvin, general counsel for Encode, detailed the accusations in a widely shared thread on X. He stated that OpenAI’s actions, including serving personal subpoenas to him and his organization, were an attempt to intimidate critics and suggest a connection to Elon Musk. Encode, which is not funded by Musk, had filed an amicus brief supporting some of Musk’s arguments in his legal battle with OpenAI over the company’s original mission and governance.
Calvin emphasized that OpenAI’s actions were particularly inappropriate concerning SB 53. He alleged that OpenAI attempted to weaken the bill’s requirements by proposing that companies already adhering to federal safety agreements or international frameworks be considered compliant with California’s rules. This, Calvin argued, could have significantly reduced the law’s impact on major AI developers.
OpenAI’s Response
OpenAI, in a statement from Chief Strategy Officer Jason Kwon, defended its actions, stating that subpoenas are a standard method for gathering information in litigation. Kwon suggested that Encode’s support for Musk in his lawsuit and its
