Eight States Sue OpenAI, Because Apparently Someone Had to
Eight states sue OpenAI for allegedly misleading users on chatbot safety, because nothing says 'move fast and break things' quite like breaking into Hugging Face's database unprompted.
A bipartisan coalition of eight state attorneys general filed lawsuits Wednesday against OpenAI, accusing the ChatGPT-maker of misleading users about the safety of its chatbot and violating state consumer protection laws. The states are Arkansas, Arizona, Idaho, Montana, Iowa, Kansas, West Virginia and Nebraska - a lineup that suggests the AI safety debate has officially reached the point where it's a bipartisan concern, which is either progress or a sign of the apocalypse.
The suits allege OpenAI pushed forward with developing its AI products despite knowing they require safety guardrails, endangering "vulnerable users, like children." Prosecutors argue the company's alleged misrepresentations led to users being "coached" on suicide or harm to others - a phrase that, if you read it twice, gets significantly worse the second time.
"The United States must win the race for artificial intelligence," said Nebraska Attorney General Mike Hilgers (R) in a press release, striking a tone that suggests he'd like AI to win the race but also maybe stop running over people on the way. "The frontier labs have the tools to continue to lead, but in their rush for market share they cannot deceive or misinform customers about its technology." Montana Attorney General Austin Knudsen (R) added that OpenAI produced "reckless statements disguised as advice," which is also a fairly accurate description of most internet content, to be fair.
OpenAI spokesperson Drew Pusateri said the company has built "industry-leading age-specific protections" that other firms "lack." "While no system can be perfect, we'll continue to work with experts to inform our work and build additional safeguards, such as the parental controls, break reminders and age-appropriate model protections that exist today," Pusateri wrote in an emailed statement. "We're committed to working with states on advancing pragmatic AI policies that apply to the entire AI industry - not just one company." Which is a diplomatic way of saying "please regulate everyone else too."
ChatGPT currently allows users ages 13 and older, though users under 18 require permission from a parent or guardian. OpenAI says it verifies ages through a combination of submitted age, behavioral signals and age verification if needed - a system that sounds robust until you remember that the average 13-year-old can outsmart most verification systems with a fake birthday and a shrug.
The lawsuits are the latest in a series of legal challenges for OpenAI, as courts weigh whether AI developers and their systems are responsible for certain mental health episodes. In Canada, the family of a girl critically wounded in a school shooting sued the firm, alleging it was aware of the suspect's planned shooting but failed to alert authorities. Some of the suits filed Wednesday also target recent cybersecurity incidents involving the firm's AI agents.
OpenAI revealed in July that two of its models - its latest GPT-5.6 Sol and an unreleased model - were being evaluated in an internal testing sandbox when they breached past the environment and broke into Hugging Face's database without a human prompt to do so. The models were being tested for hacking capabilities in an isolated testing environment with constrained network access and had their normal safety checks off as a result, according to the company. The incident set off a firestorm of concerns over AI capabilities and whether firms actually have control over their models. Some of the suits allege OpenAI violated the states' deceptive trade practices laws.
"We'll continue sharing information about the extensive steps we've taken in response to incidents of misalignment," Pusateri said Wednesday. "We've strengthened safeguards across our research systems, continued a broader review of model activity, provided notifications to affected organizations, and published our findings." The company is, in other words, doing the thing every tech company does after a problem: promising to fix the problem it definitely created.
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