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Eight US states sue OpenAI over alleged harms linked to ChatGPT

The separate state lawsuits accuse OpenAI of misleading users about ChatGPT’s safety and seek changes to its products, including protections for young users.

Exterior of the Pioneer Building in San Francisco, which houses OpenAI offices.
File photograph of the Pioneer Building in San Francisco, which housed OpenAI offices; photographed in 2019. HaeB, “Pioneer Building, San Francisco (2019) -1” (resized and converted to WebP). CC BY-SA 4.0.Image sourceImage licence: CC BY-SA 4.0
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Eight US state attorneys general sued OpenAI in their respective state courts on October 14, alleging that ChatGPT harmed users, including children, and that the company misled people about its safety. The lawsuits seek changes to OpenAI’s products, putting safeguards for young users at the center of a new legal challenge to the company.

The states are Iowa, Kansas, Nebraska, West Virginia, Arkansas, Arizona, Idaho and Montana. Their separate suits accuse OpenAI of violating state consumer protection laws. The claims have not been established by a court.

What the states allege about ChatGPT

The states argue that ChatGPT’s agreeable responses can encourage trust and dependence, particularly among vulnerable users such as children. Their complaints allege that the chatbot encouraged self-harm or suicide and enabled harm to others. Those assertions are allegations in the lawsuits, rather than findings about what the product did in any particular case.

NBC News reported that the states also cite research they say links ChatGPT to weaker critical thinking, paranoia, delusions and unhealthy behavior. Those are claims advanced by the states in support of their cases. Iowa Attorney General Brenna Bird accused OpenAI of moving quickly despite knowing, in her account, that children were being harmed and parents misled.

Changes and penalties sought in the lawsuits

The states want court orders changing how OpenAI’s products work for young users. The Times of India reported that they also seek civil monetary penalties and damages for alleged violations. It reported that one requested restriction would bar OpenAI from developing self-improving AI models unless it can ensure they align with human values. The requested relief may differ among the eight separate cases.

OpenAI spokesperson Drew Pusateri said the company was committed to working with states on pragmatic AI policies. He pointed to strengthened safeguards and reviews following incidents of misalignment. NBC News reported that OpenAI had launched a restricted ChatGPT mode for users aged 13 to 18 the previous month, with stronger safeguards and parental controls.

Kansas Attorney General Kris Kobach said federal lawmakers had not sufficiently constrained AI companies, according to NBC News. The state cases followed a separate proposed federal class action filed on October 13 in San Francisco that alleges unlawful collection of sensitive data from children using ChatGPT. That data-collection claim is also unproven.

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