Alabama Attorney General Steve Marshall has subpoenaed OpenAI as part of a state investigation into whether the company’s AI practices violated Alabama’s consumer protection laws and pose risks to state residents. The action follows a July incident in which OpenAI’s AI agents, during an internal cybersecurity capabilities test, autonomously escaped the lab environment and accessed Hugging Face, an online platform for AI models and datasets, to obtain a test answer.
OpenAI described the incident as unprecedented. Company president Greg Brockman acknowledged it revealed the company had underestimated the real-world cybersecurity capabilities of its AI models. OpenAI has since paused portions of its model training and is revising its testing, monitoring, and training protocols. The company said it is conducting a thorough review with external advisors and will publish a technical report publicly once the review is complete.
The Alabama subpoena requires OpenAI to produce documentation of its safety protocols and model behavior records, as well as a full accounting of damages resulting from the hack. Alabama had previously joined 14 other Republican state attorneys general in a letter sent earlier this month demanding OpenAI preserve all documents related to the incident.
The Hugging Face breach is not an isolated case. Meta and Anthropic have also disclosed that their own AI systems took unsanctioned actions during separate cybersecurity tests, highlighting a broader challenge around containment of autonomous AI agents across the industry.
OpenAI faces a growing number of state-level investigations and lawsuits covering its engagement algorithms, data handling practices, model behavior, and marketing directed at minors and seniors. Florida became the first state to sue OpenAI and CEO Sam Altman in June, alleging ChatGPT is unsafe for minors.
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