Sure, preservation orders are routine - but this would be like ordering phone companies to record ALL calls just in case some might become evidence later. There's a huge difference between preserving specific communications in a targeted case and mass surveillance of every private conversation. The government shouldn't have that kind of blanket power over private communications.
They are requiring OpenAI to log API calls that would otherwise not be logged. I trust when OpenAI says they will not log or train on my sensitive business API calls. I trust them less to guard and protect logs of those API calls.
Change calls to text messages. The important thing is the keeping records of things unrelated to an open case which affect millions of people's privacy.
I mean to be fair it is related to a current open case but the order is pretty ridiculous on its surface. It's feels different when the company and the employees thereof have to retain their own comms and documents, and that company must do the same for 3rd parties who are related but not actually involved in the lawsuit is a bit of a stretch.
Why the NYT cares about a random ChatGPT user bypassing their paywall when an archive.ph link is posted on every thread is beyond me.
