Attorneys general are investigating OpenAI

A coalition of states has launched a sweeping investigation into artificial intelligence startup OpenAI, the company said Saturday, adding to growing opposition to artificial intelligence.

Attorneys general subpoenaed OpenAI on Friday and requested internal documents about its practices, including handling of user data, safety of minors and advertising activities, the company said. New York, Colorado and other states are involved in the investigation, according to two people familiar with the investigation who spoke on condition of anonymity to discuss the ongoing legal matter.

“We take the concerns raised by prosecutors seriously and intend to engage constructively with their authorities,” OpenAI said in a statement. The company added that the latest version of its model, ChatGPT, includes more security measures such as parental controls to protect children.

“None of this changes what the families have been through, but we are committed to learning, improving and doing it right,” the company said.

OpenAI declined to provide further details about the investigation, which was first reported from The Wall Street Journal.

Artificial intelligence is attracting more and more attention as the number of cases of children harming themselves after using the technology is increasing, along with fraud generated by artificial intelligence. Concerns about the technology’s ability to replace humans, as well as the skyrocketing cost of energy from the data centers that power it, have added to the anxiety.

The Trump administration on Friday barred AI startup Anthropic from allowing foreign nationals access to its new Mythos and Fable 5 AI systems, citing national security concerns. President Trump, who until recently has largely sidelined his approach to regulating the technology, also signed on executive order this month asked tech companies to voluntarily provide government oversight of new AI models before releasing them to the public.

States are also increasingly taking matters into their own hands. They introduced dozens of laws this year to build guardrails around artificial intelligence. More than 100 state laws now ban chatbots for young users, require system testing for security risks, and help protect copyrighted material from being used by artificial intelligence systems.

(The New York Times sued OpenAI and its partner, Microsoft, accusing them of infringing news content related to AI systems. OpenAI and Microsoft have denied the claims.)

California’s governor, Gavin Newsom, issued an executive order last month to explore an overhaul of labor policy, an attempt to counter the potential mass displacement of jobs by artificial intelligence.

State investigations can lead to lengthy and costly litigation. In 2023, New Mexico investigated Meta for child safety violations on its social media platforms, including the ability of predators to contact minors. Raúl Torrez, the state attorney, eventually sued the company. In March, he persuaded a jury to award the state $375 million in damages.

Florida became the first state to sue OpenAI earlier this month, claiming in a lawsuit that the company’s chatbot, ChatGPT, poses a risk to children. The company also failed to disclose the dangers of its product to the public, the state lawsuit said.

Florida’s attorney general also opened a criminal investigation into OpenAI based on a review of messages between the chatbot and the man accused in last year’s fatal shooting at Florida State University.

In January, California Attorney General Rob Bonta announced an investigation into x.AI, a unit of SpaceX, for generating non-consensual sexualized images of real women and AI-manipulated minors. Kentucky also sued Character.AI, a maker of AI companions, for violating state consumer protection laws by exposing children to unsafe uses of the technology.