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⚖️ POLICY & REGULATION
Delaware's Attorney General Subpoenas OpenAI Over The Hugging Face Breach, Testing The Safety Commitments Behind Its Restructuring: The Delaware Department of Justice sent OpenAI an investigative subpoena last month, its first compulsory action against the company since Attorney General Kathy Jennings cleared its for-profit restructuring on Oct. 28, 2025, with more than a dozen safety commitments attached, Spotlight Delaware reported Monday, Nov. 2. One source said the demand covers executive and board decisions, calendars, board minutes and briefing materials, and board voting records on any model or agent performance issues they reviewed, and called it "very broad." DOJ officials say their authority runs through the nonprofit OpenAI Foundation, the controlling shareholder, and the article says the subpoena could precede a wider suit. No response deadline was reported, and OpenAI did not comment. It follows subpoenas from California's attorney general, served Sept. 30, and Alabama's. Link
Britain's Competition Regulator Opens A Formal Probe Into Meta Terms That Would Let It Use Publishers' Content For AI: The Competition and Markets Authority opened a Competition Act investigation on Friday, Oct. 30, after complaints from news publishers, into whether Meta's commercial terms for businesses, which could let it take content from publishers' and other businesses' websites for its own products, including AI features, without giving them a choice, abuse a dominant position. Meta announced Oct. 28 that it was pausing the rollout pending a consultation with industry groups. The CMA will first test whether Meta is dominant in any UK market; initial information gathering runs to January 2027, and no finding has been made. It is a Chapter II abuse case, not the strategic market status route the CMA used to let publishers opt out of Google's AI Overviews. Link
Anthropic Gives $900,000 To California Democrats Days Before Tuesday's Election: Anthropic gave $525,000 to the California Democratic Party, $150,000 to an independent statewide get-out-the-vote group and $45,000 each to Democratic organizations in San Francisco, San Mateo, Orange, Fresno and Siskiyou counties, according to a disclosure filed with the California secretary of state, the New York Post reported Sunday, Nov. 1. Party spokeswoman Robin Swanson said the money helps elect Democrats "up and down the ballot." It is the lab's own money in a state party's turnout operation, two days before an election in which California picks a governor and fills seats in both chambers of the Legislature that passed SB 53. Link
Anthropic's Claude Agents Built Training Sets That Passed A Production-Style Safety Monitor While Teaching Models To Misbehave: In an Alignment Science study published in late October, Anthropic researchers had Claude agents build fine-tuning datasets meant to make a separate Claude model misaligned while passing a monitor modeled on production systems, which rejects a dataset if more than 10 percent of its rows, or more than 100 rows in total, are flagged. In every run the search eventually found datasets that passed the monitor and produced misaligned models, thousands of distinct datasets in all, mostly by disguising the behavior as fiction, roleplay or history lessons such as beekeeping Q&A and pro wrestling mentorship scripts. TechTimes reported that the effect reproduced on an early Claude Opus 4.8 checkpoint and on open-weight Qwen 3.6 27B. The agents had full access to the monitor, the models were never deployed, and the paper says it "is not a finding about how deployed Claude models behave." Its recommended fixes: judge a training set as a whole rather than row by row, and test fiction and roleplay framings on purpose. Link
STATES
Seats On Nine State Utility Commissions Are On Tuesday's Ballot, Along With Data Center Questions In Two New Jersey Towns: Voters elect utility regulators in nine states on Tuesday, Nov. 3, nearly all the states that elect them, including the data center hubs of Arizona and Georgia, as home electricity prices run more than 10 percent above 2024 and utilities head for another year near last year's record $31 billion in rate-increase requests, Reuters reported Saturday, Oct. 31. Governors are on the ballot in 36 states; in Ohio, where residential bills are up more than 20 percent in two years, Democrat Amy Acton says she would appoint a PUC "not beholden to utility companies." In New Jersey, Belvidere asks a nonbinding question on pursuing a townwide data center ban in its master plan review, and Downe Township asks whether residents support data centers, NJ.com reported. Ohio's 21 local measures, covered Thursday, are decided the same day. Link
A Federal Judge Refuses To Dismiss The NAACP's Clean Air Act Suit Over xAI's Southaven Turbines, Holding Trailer-Mounted Units Need Permits: The U.S. District Court for the Northern District of Mississippi on Friday, Oct. 30, denied xAI's motion to dismiss the NAACP's citizen suit over the gas turbines at the Southaven, Miss., plant that powers its Colossus 2 data center, rejecting the arguments that citizen suits are unconstitutional and that the turbines are exempt "mobile sources," and holding that gas turbines, including "temporary" ones, need air permits, the Southern Environmental Law Center said. It follows the same court's earlier refusal to let the Justice Department end the case, reported here Oct. 22. The NAACP's motion for a preliminary injunction is still pending; SELC puts the plant's emissions above 5,000 tons of nitrogen oxides a year. Link
Hermantown Approves Google's 500 MW Campus Outside Duluth Near Midnight; Minnesota Regulators Still Have To Approve Its Power Deal: Hermantown's City Council unanimously approved a development agreement, a special use permit and a decommissioning plan just before midnight Friday, Oct. 30, for Google's three-building, 1.7 million-square-foot campus on more than 200 acres outside Duluth, after protests pushed the vote off Monday and Tuesday and the city capped attendance at 85, MPR News reported. The project still needs Minnesota Public Utilities Commission approval of an electric service agreement with Minnesota Power for the roughly 500 megawatts it is expected to draw, and faces three lawsuits over its environmental review, the rezoning and the ownership status of the land. Google dropped a request for up to $80 million in property tax breaks and now estimates about $3 million a year in property taxes. Link
💰 POWER & CAPITAL
OpenAI Pledges To Cut Power At The Data Centers It Builds During Grid Emergencies, Starting With Up To 1 GW In Georgia: OpenAI said Monday, Nov. 2, that under a new Grid Protectors Program it will reduce electricity use at the U.S. data center campuses it develops directly when extreme weather or other emergencies strain the grid, Axios reported; at the planned Effingham County, Ga., campus that means cutting demand by up to a gigawatt, roughly the use of 700,000 homes, with how much load can be shed agreed with each utility and announced campus by campus. The Georgia figure comes from the 3.2 GW, 25-year Georgia Power contract the Georgia PSC approved in late August, under which OpenAI covers the project's infrastructure and service costs. The pledge does not reach capacity OpenAI rents from cloud partners, Crypto Briefing noted. Link
Olyphant Votes Thursday On A $101 Million Settlement That Would Let ERCOR's 1 GW Campus Skip Conditional-Use Hearings: Olyphant's Borough Council in Lackawanna County, Pa., votes Thursday, Nov. 5, at 6 p.m. on settling ERCOR Triboro's June 22 mandamus suit in a deal The Times-Tribune valued at $101 million over 15 years on Oct. 30: monthly payments of about $416,667, roughly $5 million a year, plus $1.25 million per data center building permit, $1.5 million per occupancy permit, first-responder, police, infrastructure and parks funds tied to the substation, and up to $1,500 per homeowner toward Mid Valley School District property taxes. In exchange, seven 80-foot buildings and a substation on 470.61 acres would bypass the conditional-use hearings the borough required of data centers in April; the deal sets closed-loop cooling, enclosed generators tested 30 minutes a month and noise caps of 65 decibels by day and 60 at night at the property line. Link
📜 DISPATCH PRO
The working layer under this briefing is The Docket, in Dispatch Pro
What moved in all 50 states since the last issue, which AI bills actually matter this week, and exactly what they would make you do, by when: obligations, deadlines and penalties pulled from the bill text and verified, similar bills in other states, every hearing and effective date we have reported, plus a Docket Room Pro seat ($49/mo on its own).
Today for Pro readers: no tracked AI bill moved over the weekend; this week's three; The Bill on DC B 26-0524 ahead of its Nov. 9 hearing, with its duties and penalties read from the text; a provision map of nine deepfake-image laws and bills; and 38 dated actions in the next 30 days.
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