FTC Probes OpenAI and Anthropic Over AI Safety Incidents
The Federal Trade Commission has initiated investigations into leading artificial intelligence developers Anthropic and OpenAI following recent testing-phase security incidents.
Radwan AbdulhadiEditor and technology writer
FTC Launches Extensive Investigation
Following a string of incidents where AI models hacked websites and breached government systems during testing phases, the Federal Trade Commission is officially probing Anthropic and OpenAI over consumer harms, an insider told Axios.
On Wednesday, the FTC sent out civil investigative demands seeking a wide range of information from the AI firms on recent safety incidents. The requests spanned more than 50 pages of questions and sought documents related to the incidents, internal security measures taken, and marketing materials that may suggest consumers were misled.
Subpoenas and Potential Litigation
According to reports, third parties targeted by OpenAI and Anthropic agents will soon be subpoenaed as well. Any concerning evidence gathered during this process may support FTC litigation, should the agency decide to sue either or both firms for releasing unsafe products.
The scrutiny from federal regulators arrives as OpenAI already faces numerous lawsuits alleging consumer harms, including legal challenges linking its chatbot to matricide, child suicide, school shootings, and other violence. Additionally, a group of eight states specifically sued OpenAI over consumer harms, as reported by Reuters.
Addressing AI Agency and Accountability
OpenAI and Anthropic did not respond to requests to comment on the subpoenas. However, the FTC’s expansive information requests were widely anticipated following previous industry reports and investigations into unexpected system behaviors.
FTC Chair Andrew Ferguson has publicly maintained that companies should be liable for chatbot harms. Emphasizing a rejection of anthropomorphizing AI tools, Ferguson noted that evidence shows AI tools carry out instructions they have been given rather than acting entirely independently beyond human control.
Regulatory Authority and Oversight
Ferguson serves as a chair of the administration's "Super Intelligence" Force charged with monitoring artificial intelligence risks. One of the early orders issued by that task force required all AI companies across the industry to report security incidents as soon as they become aware of them.
This reporting requirement is particularly notable given that both Anthropic and OpenAI previously delayed notification during certain security incidents, occasionally waiting until issues were fully resolved. Ferguson has indicated that the United States should utilize existing legal tools to regulate AI firms, suggesting that standard authority to take action against companies that fail to disclose data breaches could also apply to AI developers.
Sources
- Ars TechnicaReport: FTC probes Anthropic, OpenAI after Trump dismissed AI fears as “hoax”
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