Goliath Super Intelligence
IndustryOctober 16, 20262 min read

FTC launches extensive probe into Anthropic and OpenAI safety practices

The commission issued over 50 pages of questions, subpoenaed third-party targets, and may seek fines comparable to data-breach penalties amid delayed incident reporting.

The Federal Trade Commission has issued civil investigative demands to Anthropic and OpenAI, seeking extensive information about recent safety incidents. The request spans over 50 pages of questions and asks for documents describing the incidents, internal security measures taken, and marketing materials that could mislead consumers. The agency indicated that penalties could be comparable to fines imposed on companies that delay reporting data breaches.

According to an Axios source, the subpoenas also target third parties that were affected by the AI agents deployed by OpenAI and Anthropic. Evidence gathered from those entities could bolster an FTC lawsuit if the commission determines that unsafe products were released. Neither the FTC nor the two companies provided comment when asked for clarification.

Reuters reported in September that the investigation was expected, and that the independent research group METR, which is examining the incidents, may also receive a subpoena. This development aligns with the administration’s Super Intelligence Force, chaired by Ferguson, which issued an early order requiring all AI firms to report security incidents as soon as they become known.

Both Anthropic and OpenAI have been reported to postpone notification of security incidents, sometimes waiting until the problems were resolved before informing regulators. Such delays run counter to the SI Force’s reporting mandate and could expose the companies to per-violation fines that are similar to those levied for delayed breach disclosures.

President Trump has publicly characterized AI risk concerns as a “hoax,” a description cited by TIME. He has also labeled protests against AI data centers as “based on fake stuff,” attributing the backlash to foreign adversaries and personal critics rather than substantive issues, despite surveys and studies that show public worries are grounded in real grievances.

The FTC’s authority to impose steep daily penalties under existing consumer-protection statutes remains uncertain, especially given the administration’s emphasis on accelerating AI innovation rather than expanding regulatory oversight. Whether the commission will pursue such fines against Anthropic or OpenAI is still unclear, leaving the companies facing potential litigation and financial exposure.

Sources

  1. Report: FTC probes Anthropic, OpenAI after Trump dismissed AI fears as “hoax” Ars Technica

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