FTC subpoenas OpenAI and Anthropic over AI safety incidents

The US Federal Trade Commission has sent civil investigative demands to Anthropic and OpenAI, seeking documents about the safety incidents involving their AI models. The demands went out on Wednesday, Axios first reported, citing a person familiar with the matter. An FTC spokesperson confirmed the subpoenas to CBS News and declined to comment further.

OpenAI said it would cooperate. No statement from Anthropic appeared in the reports.

“As we improve our models and they increasingly help people in their day-to-day lives, safety remains a top priority. We will engage constructively with the FTC.” OpenAI spokesperson, to Axios

What the FTC is asking for

Each demand runs to more than 50 pages, according to Axios’s source. They ask for documents on security incidents and safeguarding practices. The agency also wants marketing materials and documents on the companies’ privacy policies.

The probe focuses on potential consumer protection violations. The FTC can investigate conduct that may be unfair or deceptive to consumers. Civil investigative demands help it gather evidence ahead of possible litigation, Axios reported.

The FTC plans to compel top AI executives to testify about their products, the source said. It will also send demands to third-party AI organisations later.

How the probe got here

The FTC said two weeks earlier that it was investigating the AI labs, CBS reported. FTC chair Andrew Ferguson has said AI systems should not be released if they are not safe, according to Axios.

Ferguson also co-chairs Trump’s Super Intelligence Force. The group has told AI companies to report rogue behaviour immediately and fix it. On the same Wednesday as the demands, eight US states sued OpenAI under consumer protection laws.