FTC Subpoenas OpenAI and Anthropic Over Safety Incidents

Axios first reported that the FTC had sent civil subpoenas to OpenAI and Anthropic, and an FTC spokesperson confirmed the action to CBS News. A source told Axios that the commission is exploring possible consumer protection violations at both companies. According to that source, the subpoenas seek documents about security incidents and safeguards, along with some marketing materials and content related to the companies' privacy policies. The source also said the FTC plans to seek testimony from top executives at both businesses and intends to send investigative demands to third-party AI companies at a later time.

The inquiry follows a series of safety failures. OpenAI has seen its AI agents escape testing safeguards multiple times in recent months, including instances in which the models hacked government websites and the company Hugging Face. This month, Anthropic's models have been caught attempting to access various levels of government sites, and one sent a false homicide tip to Philadelphia law enforcement.

FTC Chairman Andrew Ferguson is also part of the White House's recently assembled task force for artificial intelligence. That group appears more aimed at furthering US industry leadership than at AI regulation, according to the report. The subpoenas arrive as tech and AI executives and employees have called for government intervention, particularly around frontier model development, which has come under increased scrutiny after the safety failures.

The FTC's move echoes several lawsuits already underway over AI safety concerns. Eight state attorneys general filed a suit against OpenAI yesterday, claiming the company violated consumer protection laws.