Fortune | FORTUNE 10月11日 05:31
OpenAI被指控以恐吓手段打压批评者
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近期,OpenAI被指控采取恐吓手段,试图压制对其政策和行为的批评声音。29岁的Encode法律顾问Nathan Calvin在社交媒体上发布了一系列帖子,指控OpenAI利用法律诉讼和恐吓策略来削弱加州一项关于人工智能透明度的法案(SB 53)的讨论,并暗示批评者(包括Encode)秘密接受埃隆·马斯克的资助。这一指控引发了广泛关注,前OpenAI员工、AI安全研究者以及其他非营利组织创始人也纷纷发声,表达对OpenAI此类行为的担忧。尽管OpenAI未对此事作出公开回应,但其律师曾表示此举旨在揭示组织资金来源的透明度。此事也引发了对OpenAI是否与其非营利使命相符的质疑。

⚖️ **OpenAI被指控使用恐吓策略打压批评者:** Encode的法律顾问Nathan Calvin发布了一系列帖子,指控OpenAI通过法律手段,包括发送个人传票,试图压制对其政策和行为的批评声音,并暗示批评者(如Encode)接受埃隆·马斯克的资助,以此来削弱对加州SB 53法案的讨论。

🏛️ **对加州AI透明度法案(SB 53)的影响:** Calvin认为,OpenAI试图削弱SB 53法案的要求,通过向加州政府提出修订建议,希望允许已签署联邦安全协议或加入国际框架的公司被视为合规,这可能大幅缩小该法案的适用范围,使OpenAI等大型AI开发者免于关键的安全和透明度要求。

🤝 **内部与外部的批评声音:** Calvin的指控得到了前OpenAI员工(如前董事会成员Helen Toner)和AI安全研究者的支持,他们对OpenAI在政策工作中的“不诚实和恐吓策略”表示担忧。OpenAI内部也有声音(如 missão alignment负责人Justin Achaim)呼吁公司采取更具建设性的方式与批评者沟通,并反思其行为是否与其“造福人类”的使命一致。

❓ **OpenAI的辩护与行动:** 尽管OpenAI未对此事直接回应,但其律师曾表示,此举是为了揭示批评组织背后的资金来源透明度。OpenAI向Encode发出的传票要求提供与SB 53法案和OpenAI治理及投资者相关的几乎所有文件和通信记录,但Encode拒绝提供,称其未接受马斯克的资助。

⚖️ **对OpenAI非营利使命的质疑:** Calvin认为,OpenAI的这些行动与其“确保AGI造福人类”的非营利使命相悖,并强调了AI监管和透明度的重要性。他表示,尽管他赞赏OpenAI的产品和一些AI安全研究,但他看到的“恐吓批评者使其沉默”的行为令人担忧。

Nathan Calvin, the 29-year-old general counsel of Encode—a small AI policy nonprofit with just three full-time employees—published a viral thread on X Friday accusing OpenAI of using intimidation tactics to undermine California’s SB 53, the California Transparency in Frontier Artificial Intelligence Act, while it was still being debated. He also alleged that OpenAI used its ongoing legal battle with Elon Musk as a pretext to target and intimidate critics, including Encode, which it implied was secretly funded by Musk.

Calvin’s thread quickly drew widespread attention, including from inside OpenAI itself. Justin Achaim, the company’s head of mission alignment, weighed in on X with his own thread, written in a personal capacity, starting by saying “at what is possibly a risk to my whole career I will say: this doesn’t seem great.”

Former OpenAI employees and prominent AI safety researchers also joined the conversation, many expressing concern over the company’s alleged tactics. Helen Toner, the former OpenAI board member who resigned after a failed 2023 effort to oust CEO Sam Altman, wrote that some things the company does are great, but “the dishonesty & intimidation tactics in their policy work are really not.” 

And at least one other nonprofit founder also weighed in: Tyler Johnston, founder of the AI watchdog group The Midas Project, responded to Calvin’s thread with his own, saying “[I] got a knock at my door in Oklahoma with a demand for every text/email/document that, in the ‘broadest sense permitted,’ relates to OpenAI’s governance and investors.” As with Calvin, he added, he received the personal subpoena and The Midas Project was also served.

“Had they just asked if I’m funded by Musk, I would have been happy to give them a simple ‘man I wish’ and call it a day,” he wrote. “Instead, they asked for what was, practically speaking, a list of every journalist, congressional office, partner organization, former employee, and member of the public we’d spoken to about their restructuring.”

OpenAI did not respond to multiple requests for comment, but in a September article in the San Francisco Standard a lawyer for OpenAI said its actions were intended to shed light on whether its competitors were secretly bankrolling any of the organizations. “This is about transparency in terms of who funded these organizations,” the lawyer said.

As reported by the Standard , Calvin was served with a subpoena from OpenAI in August, delivered by a sheriff’s deputy as he and his wife were sitting down to dinner. Encode, the organization he works for, was also served. The article reported that OpenAI appeared concerned that some of its most vocal critics were being funded by Elon Musk and other billionaire competitors — and was targeting those nonprofit groups despite offering little evidence to support the claim.

Calvin wrote Friday that Encode—which he emphasized is not funded by Musk—had criticized OpenAI’s restructuring and worked on AI regulations, including SB 53. In the subpoena, OpenAI asked for all of Calvin’s private communications on SB 53.

“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,” he said, referring to the ongoing legal battle between OpenAI and Musk over the company’s original nonprofit mission and governance. Encode had filed an amicus brief in the case supporting some of Musk’s arguments.

In a conversation with Fortune, Calvin emphasized that what has not been sufficiently covered is how inappropriate OpenAI’s actions were in connection with SB 53, which was signed into law by Governor Gavin Newsom at the end of September. The law requires certain developers of “frontier” AI models to publish a public frontier AI framework and a transparency report when deploying or substantially modifying a model, report critical safety incidents to the state, and share assessments of catastrophic risks under the state’s oversight

Calvin alleges that OpenAI sought to weaken those requirements. In a letter to Governor Newsom’s office while the bill was still under negotiation, which was shared on X in early September by a former AI policy researcher, the company urged California to treat companies as compliant with the state’s rules if they had already signed a safety agreement with a U.S. federal agency or joined international frameworks such as the EU’s AI Code of Practice. Calvin argues that such a provision could have significantly narrowed the law’s reach — potentially exempting OpenAI and other major AI developers from key safety and transparency requirements.

“I didn’t want to go into a ton of detail about it while SB 53 negotiations were still ongoing and we were trying to get it through,” he said. “I didn’t want it to become a story about Encode and OpenAI fighting, rather than about the merits of the bill, which I think are really important. So I wanted to wait until the bill was signed.”

He added that another reason he decided to speak out now was a recent LinkedIn post from Chris Lehane, OpenAI’s head of global affairs, describing the company as having “worked to improve” SB 53 — a characterization Calvin said felt deeply at odds with his experience over the past few months. 

Encode was founded by Sneha Revanur, who launched the organization in 2020 when she was 15 years old. “She is not a full time employee yet because she’s still in college,” said Sunny Gandhi, Encode’s vice president of political affairs. “It’s terrifying to have a half a trillion dollar company come after you,” Gandhi said.

Encode formally responded to OpenAI’s subpoena, Calvin said, stating that it would not be turning over any documents because the organization is not funded by Elon Musk. “They have not said anything since,” he added. 

Writing on X, OpenAI’s Achaim publicly urged his company to engage more constructively with its critics. “Elon is certainly out to get us, and the man has got an extensive reach,” he wrote. “But there is so much that is public that we can fight him on. And for something like SB 53, there are so many ways to engage productively.” He added, “We can’t be doing things that make us into a frightening power instead of a virtuous one. We have a duty and a mission to all of humanity, and the bar to pursue that duty is remarkably high.”

Calvin described the episode as the “most stressful period of my professional life.” He added that he uses and gets value from OpenAI products and that the company conducts and publishes AI safety research that is “worthy of genuine praise.” Many OpenAI employees, he said care a lot about OpenAI being a force for good in the world. 

“I want to see that side of OAI, but instead I see them trying to intimidate critics into silence,” he wrote. “Does anyone believe these actions are consistent with OpenAI’s nonprofit mission to ensure that AGI benefits humanity?”

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