Speaker Menin issues rare subpoena to Elon Musk’s SpaceXAI to compel public testimony

Committee of the Whole hearing will also feature testimony from leading national AI experts and review major legislative proposals to safeguard New Yorkers

NEW YORK – New York City Council Speaker Julie Menin today announced that the Council had secured the first public testimony under oath from major AI firms — including Anthropic, OpenAI, Google, and Meta — regarding the potential dangers of AI technology and to seek their input on potential legislative solutions.

Aside from Meta, the companies only confirmed their attendance following the Council’s explicit threat of subpoena. Elon Musk’s SpaceXAI has still not responded to the Council’s inquiry, and as such, Speaker Menin issued a subpoena earlier today compelling the company to appear at the hearing.

The testimony will occur at a rare Council Committee of the Whole hearing next Monday, October 5, which will convene all 51 members of the City Council to examine potential risks posed by rapidly developing artificial intelligence technologies. The hearing comes after weeks of serious warnings from whistleblowers and AI executives, and reports that rogue AI agents have already inflicted damage to government databases.

“Leading experts and AI executives themselves are warning about the potentially grave risks of rapidly advancing AI, and governments have a responsibility to act,” said Speaker Julie Menin. “That is exactly what the New York City Council is doing. Given the high stakes, these firms owe it to the public to come before the Council, answer our questions, and provide input on our proposed legislation under oath.”

Between September 15 and 17, Speaker Menin sent letters to the five companies requesting that they voluntarily participate in the hearing and provide public testimony before the Council. Meta subsequently responded to the Council and confirmed that a member of its senior leadership would appear. The Council provided a response deadline of Friday, September 25, at which point both Google and Anthropic declined to appear.

On Friday, September 25, after these declinations, Speaker Menin authorized the Council to issue subpoenas to all of them as of 9:00 a.m. on Monday, September 28. The Speaker, through counsel, sent a subsequent email to the four remaining companies warning that they would receive a subpoena Monday.

On Sunday, both OpenAI and Google agreed to appear before the Council. Anthropic confirmed late Sunday night that it would participate, just hours before the subpoena was due to be served.

The Council has also secured testimony from leading national experts in AI safety, technology, and consumer protection. The hearing will examine both the potential risks facing New Yorkers and a slate of legislative proposals the City can enact to establish stronger safeguards and accountability, including a first-in-the-nation whistleblower incentive program, a private right-of-action for New Yorkers harmed by AI agents, and independent third-party validation requirements, among other bills.

Pursuant to Section 29 of the New York City Charter, the Council is authorized to investigate matters relating to the property, affairs, and government of New York City, including the power to require attendance and take testimony under oath from individuals it deems necessary. Council Rule 7.150 further authorizes the Council to issue subpoenas in exercising this authority.

If SpaceXAI fails to comply with the subpoena, the Council may seek judicial enforcement in New York State Supreme Court.

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