Protect Democracy Project v. Office of the National Cyber Director

On September 1, 2026, Protect Democracy, represented by Kaplan Johnson Abate & Bird LLP, filed suit against the White House Office of the National Cyber Director, the Department of Commerce, the Department of the Treasury, and the White House Office of Science and Technology Policy, to enforce a Freedom of Information Act request made in August.

The original request sought information about the “voluntary” framework the White House says it finalized on August 1 to review advanced AI models before release, as well as the participating companies, and the legal authority behind the framework. 

Background

In early August, the Trump administration rolled out a so-called voluntary framework to review certain AI models that don’t release their code to the public. So far, the administration has described the framework only in general terms and has not disclosed what it contains, which companies are involved, or the legal basis for it. The regulatory process was set up without any legislation or legal authority of any kind, and almost no details have been released to the media, civil society, or the American public. 

That means the executive branch is now choosing which companies can release their products and which customers get access to a technology that could shape the future of not only American industry and national security, but economies and governments abroad as well. All with no oversight from Congress, the public, or tech experts outside of the executive branch.

Why it matters

Which AI models are approved by the government and released by the companies may be the most important policy question this White House faces and Americans deserve concrete answers. Frontier AI models should be rigorously tested for safety and security, and the Trump administration has not been transparent in explaining what its process will be, or how it will decide which models are approved for release. 

This administration has a documented history of using the government’s regulatory power to pit companies against one another for favorable treatment, and has also retaliated against AI companies in the past for holding red lines for the use of its technology. They should not have the blind trust of the American people that it will act in good faith. We deserve to know what’s in the framework. 

Plaintiffs

• Protect Democracy Project

Defendants

Defendants

• Department of Commerce
• Department of Treasury
• The White House Office of Science and Technology
• The White House Office of the National Cyber Director

Case documents

Case documents