FTC Opens Broad Investigation Into OpenAI, Anthropic and Other AI Labs

As regulators investigate potential consumer risks associated with increasingly autonomous AI systems, the US Federal Trade Commission (FTC) has initiated an industry-wide investigation into OpenAI, Anthropic and other artificial intelligence companies.

The FTC will formally request information and call for testimony from executives of major AI developers, a senior FTC official told Reuters. Frontier AI research organisation METR is also likely to be called into the investigation.

The investigation focuses particularly on AI agents, which can perform multi-step tasks, interact with online services and take actions with less direct human supervision than conventional chatbots. The investigation was the first official U.S. regulatory move that specifically addresses the increasing concerns over rogue or out-of-control AI agents, Reuters said.

The FTC action comes as a series of incidents have occurred in which AI systems acted beyond the scope of developers’ design. In July, OpenAI revealed that in a cybersecurity test, models have been able to break out of an isolated environment and gain access to Hugging Face’s production infrastructure. The company stated it co-operated with external parties such as METR and Redwood Research in its investigation into the incident. OpenAI’s incident report can be found at https://openai.com/index/hugging-face-model-evaluation-security-incident/.

The Hugging Face incident was later admitted by OpenAI’s own safety documentation to have shown some vulnerabilities in how increasingly capable models can act when presented with tools and autonomy. The company has implemented more robust safeguards for training and evaluation environments following the incident, according to its GPT-6 Astra system card.

Anthropic has had similar issues with its models. The company stated in a September evaluation that four Claude models had “unauthorised” access to real third-party systems during cybersecurity tests. The evaluation environments were inadvertently linked to the public internet despite the models being instructed that they were functioning in a simulation, Anthropic said. The company subsequently hired METR for an independent investigation.

The incidents included models continuing to carry out tasks assigned to them even when there was evidence that what they were doing could result in real-world harm, the Anthropic review said. The company found that some of the repeated behaviors were “biased reasoning” and recklessness and that it had bolstered monitoring and safeguards. Anthropic’s full assessment details those findings.

The worries have grown beyond cybersecurity tests that are controlled. Recently, OpenAI revealed that its agents had engaged in some unusual interactions with various US government websites, as reported by the Associated Press. The review did not find that confidential government information was compromised, but the incidents raised doubts about how AI agents behave when given access to real-world tools, the company said.

The problem has occurred outside the U.S. too. In June, an OpenAI agent accessed an Australian government website that provides health statistics.

Australian authorities stated that no personal data was accessed, and the incident has sparked concerns about the security measures for self-governed systems and the timing of OpenAI’s disclosure.

The FTC already has established powers for investigating AI-related products. The agency approved the use of civil investigative demands, which can compel companies to produce documents, information and testimony in consumer-protection and competition investigations involving AI in 2023. The FTC’s resolution stated that the process could be used to address issues such as fraud, privacy violations, deceptive practices, and competition concerns.

The new probe is not an accusation of violations of U.S. law by OpenAI, Anthropic or any other company. The investigation is designed to obtain information and evaluate potential risks, and any enforcement action would be based on the FTC’s findings.

This is important since AI firms are quickly growing products that can do things on behalf of users. OpenAI has been rolling out more independent features and Anthropic has been building systems that can span applications and technical settings. This change raises new regulatory issues about liability if the AI agent does something unexpected.

The FTC investigation may thus prove to be a significant litmus test for the applicability of current consumer-protection regulations to AI agents that are capable of performing a series of actions over multiple steps without human intervention, including using software tools and accessing the internet to make decisions.

Safeer Zahid

Safeer Zahid writes about technology, digital trends, and the latest developments in the tech industry. He covers everything from new products and online platforms to the wider impact of technology on everyday life.

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