Don't Worry About the Vase Podcast OpenAI #15: More on OpenAI's Paranoid Lawfare Against Advocates of SB 53
Oct 13, 2025
Nathan Calvin, the General Counsel for ENCODE, shares his eye-opening experience with OpenAI's subpoena practices amid advocacy for SB 53. He reveals the chilling effects of these actions on critics and discusses the specific demands from the subpoena. Jason Kwan, OpenAI's Chief Strategy Officer, defends the company’s tactics, framing them as standard legal processes. The conversation dives into the implications of these legal maneuvers by major AI firms and includes reactions from the community, highlighting a tension between innovation and legal intimidation.
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Subpoena Served At Home
- Nathan Calvin recounts a sheriff's deputy serving him a subpoena at his home during dinner.
- The subpoena demanded private texts and emails about SB53 and communications with legislators and former OpenAI employees.
Lawsuit Pretext For Broad Discovery
- OpenAI used an unrelated lawsuit against Elon Musk as a pretext to subpoena critics of SB53.
- ENCODE objected and OpenAI did not meaningfully respond to those objections.
Push Back On Overbroad Subpoenas
- Object promptly to overbroad subpoenas and assert protections like associational privilege.
- Narrow the scope and seek court review when requests seek private communications unrelated to the litigation.