The Federal Trade Commission has issued civil investigative demands to Anthropic and OpenAI, seeking extensive information about recent safety incidents, according to a report by Axios. The demands, sent Wednesday, span more than 50 pages of questions, the outlet's source said. The FTC did not respond to a request to review the subpoena demands from Ars Technica.
The requests seek documents related to the incidents, internal security measures the companies have taken, and marketing materials that may suggest consumers were misled, according to Axios. Third parties targeted by OpenAI and Anthropic agents will also be subpoenaed soon, the source said. Any concerning evidence gathered could support FTC litigation if the agency decides to sue either or both firms for releasing unsafe products.
OpenAI already faces lawsuits alleging consumer harms, including cases linking its chatbot to matricide, child suicide, school shootings, and other violence. This week, a group of eight states sued OpenAI over consumer harms, Reuters reported. Like the consumers suing, the states argued that ChatGPT harms children and reinforces delusions, encourages dangerous behavior, and assists users in planning violence such as mass shootings. OpenAI and Anthropic did not respond to Ars' request for comment.
In September, Reuters reported the probe was coming, noting that the independent research group METR would likely also be subpoenaed. That same month, FTC Chair Andrew Ferguson told Reuters that companies should be liable for chatbot harms. Ferguson, who chairs Trump's "Super Intelligence" Force, said systems described as acting beyond human control were later shown by audit trails to have been carrying out instructions they were given.
One of the task force's first orders required all AI companies to report security incidents as soon as they become aware of them, Axios reported last week. That is notable because both Anthropic and OpenAI delayed notification during incidents, sometimes waiting until they had resolved issues. It is not clear what consequences firms might face for failing to report immediately.
Trump has dismissed extreme claims about AI risks as a "hoax," while TIME reported this month that he is enthralled by AI's capabilities. He has claimed backlash over AI data centers is "based on fake stuff" and driven by foreign rivals and his detractors, despite surveys and a Wall Street Journal analysis finding public concerns stem from real grievances. One aide told TIME that Trump did not seem to care about the public's AI fears.
Ferguson told Reuters the US should use existing legal tools to regulate AI firms, noting the FTC has broad authority to act against companies that fail to disclose data breaches, a standard he said could apply to AI developers. That approach could threaten steep per-violation fines for each day firms fail to warn the public of an emerging harm. Whether the FTC would pursue heavy fines under the current administration remains unclear, as Trump continues to argue that investing in AI innovation is America's top priority.
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