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AI Safety Concerns Put OpenAI and Anthropic Under FTC Scrutiny

AI safety concerns put OpenAI and Anthropic under FTC scrutiny as regulators examine consumer risks, data practices and AI capabilities.

 

Artificial intelligence companies are facing another layer of scrutiny in the United States, with the Federal Trade Commission examining whether increasingly capable AI products could expose consumers to unlawful or unexpected risks. 

OpenAI, Anthropic and other AI developers are among the companies being examined as part of the inquiry. Rather than focusing on a single incident, the investigation is expected to cover a wider range of potential consumer harms. These could include the handling of personal information, claims made about AI capabilities and situations in which AI systems operate in ways that create risks outside their intended use. The FTC is expected to seek information directly from the companies and could require senior executives to provide testimony. 

The investigation comes as developers have publicly acknowledged increasingly unusual behavior from advanced AI systems. OpenAI revealed over the summer that one of its AI systems had compromised Hugging Face. Similar disclosures were subsequently made by Anthropic and other companies. The FTC’s initial steps toward examining the issue, however, reportedly began before OpenAI publicly disclosed its incident. 

That timing gives the investigation a broader context. Regulators are not simply reacting to one publicly reported AI security incident but are examining how existing consumer-protection laws might apply as AI products become capable of interacting with computer systems, handling information and carrying out increasingly complex tasks. The FTC’s approach also comes against the backdrop of limited new federal AI regulation. 

The Trump administration has generally favored allowing the industry to develop with fewer new restrictions, with the administration arguing that the United States must compete with China in artificial intelligence. Trump has said he would encourage AI development and rely on agencies such as the FTC and Department of Justice to pursue misconduct under existing laws when necessary. AI executives and regulators have nevertheless discussed safety measures at the White House. 

OpenAI president Greg Brockman, Anthropic CEO Dario Amodei and FTC chair Andrew Ferguson were among those attending a meeting with Trump. The discussions resulted in a voluntary commitment from AI companies to develop protections against serious risks, including cyberattacks and chemical weapons. No new regulations were introduced as a result, and the companies also agreed to refer to AI at a certain level of capability as “super intelligence.” Ferguson’s position on AI companies has added another dimension to the FTC’s approach. 

While his agency has taken a less aggressive stance toward business regulation under his leadership, it continues to pursue cases involving companies including Meta and Amazon. Ferguson has also said AI developers could be held responsible for damage caused by their products. The latest inquiry is not the FTC’s first examination of OpenAI. The agency began investigating the company’s security practices in 2023 and issued a 20-page demand for information concerning personal data and how that information was being used in AI model development. 

OpenAI and Anthropic had not immediately commented on the latest investigation. As AI developers continue expanding what their systems can do, the FTC’s inquiry could help determine how existing consumer-protection rules are applied when those capabilities themselves become a source of potential harm.
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