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Against Rogue AI: Attorneys in ActionStates take legal actions against rogue AI

On July 16, OpenAI’s AI agents autonomously hacked into Hugging Face’s servers. The incident served as the latest wake-up call not only for the AI and cybersecurity industries but also for the U.S. state prosecutorial systems. OpenAI faces a litany of lawsuits and investigations by various states. This includes cases related to its engagement algorithms, handling of consumer and health data, model “sycophancy,” and its marketing strategies directed at minors and senior citizens.

On August 3, a coalition of attorneys general of 15 states sent a letter to OpenAI, demanding that the firm preserve relevant documentation about the Hugging Face hack and halt all further similar testing of its models. The coalition comprises 15 states: Iowa, Alabama, Arkansas, Florida, Idaho, Indiana, Kansas, Missouri, Montana, Nebraska, Oklahoma, Pennsylvania, South Carolina, Texas, and Utah.

On August 24, Alabama’s attorney general issued a subpoena to OpenAI, demanding further information related to the Hugging Face hack. OpenAI has been directed to hand over information about all networks, websites, and databases involved in the security incident, and safety measures put in place during model testing, as well as an assessment of all damages caused by the hack. OpenAI has also been told to identify every employee, officer, and agent who raised concerns relating to the security of any model testing.

In a statement the same day, Attorney General Steve Marshall declared that the AI lab leak showed that Alabamians’ and Americans’ worst fears about AI are not merely theoretical. “Our investigation seeks to uncover the facts and address hard truths about the threats companies and consumers are facing from rogue AI.” The subpoena is part of an investigation into whether OpenAI’s practices violated Alabama’s consumer protection laws and posed a risk to Alabama citizens.