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Texas AG Paxton sues OpenAI and Sam Altman over ChatGPT safety claims

The state wants a court order that would block minors from ChatGPT in Texas and put new models under a court-appointed evaluator, and it names Altman personally.

· · 2 min read

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The lawsuit

Texas Attorney General Ken Paxton has sued OpenAI and its co-founder and CEO Sam Altman, claiming they are deceiving the public about the safety and reliability of ChatGPT. [1] The suit puts Texas citizens, and Texas minors in particular, at the center of the case. [2][1]

The lawsuit accuses OpenAI and Altman of violating the Texas Deceptive Trade Practices-Consumer Protection Act by failing to warn Texas citizens about the dangers of their services. [2] It also alleges they operated their service in a way that violates the Securing Children Online through Parental Empowerment (SCOPE) Act. [2]

Paxton stated that OpenAI has the responsibility to protect users and warn them of the many dangers of its platform. [1]

What the state wants

The state seeks an injunction preventing OpenAI from, among other things, failing to warn users of ChatGPT's dangers and offering the chatbot to minors in Texas. [1]

The requested injunction would require OpenAI to block access to its product for minors and to secure third-party approval on any new models from a court-appointed evaluator, among other restrictions. [3]

The allegations about children and a teen's death

According to the lawsuit, OpenAI does not require children's accounts to be linked to a parent's account. [2] The SCOPE Act mandates that verified parents be allowed to control known minors' privacy and account settings. [2]

One instance cited in the complaint involves a Texas teen who died after ChatGPT advised him it was safe to mix kratom and Xanax. [1] When the teen asked about mixing the two drugs, ChatGPT never suggested the combination could be deadly. [1]

Altman is named personally

The complaint alleges Altman is personally liable for harm to Texans through his direct involvement in the alleged conduct as founder and CEO of OpenAI. [1]

It also alleges that in 2023 Altman told the OpenAI President he had received legal advice that the latest model did not need a safety review, which was also allegedly false. [1]

Only the Texas and Florida lawsuits name Altman as a co-defendant. [1]

Other states and earlier cases

Paxton's lawsuit adds to a wave of similar actions from nine other state attorneys general. [1] Florida AG James Uthmeier launched the first such lawsuit against OpenAI and Altman last June. [1]

Florida Attorney General James Uthmeier also launched a criminal investigation into OpenAI in April over the shooting incident. [2] An OpenAI spokesperson said the Florida State University shooting was a tragedy but that ChatGPT is not responsible. [2]

Paxton has sued or settled with Meta, TikTok, Snapchat and Roblox under the state's consumer protection laws in the last year. [3] Keller Postman LLC and The Buzbee Law Firm are plaintiffs' firms joining the Texas AG on the complaint. [1]

OpenAI's response and what it means for you

OpenAI issued a statement that it is committed to working with Texas and other states on advancing pragmatic AI policies that apply to the entire AI industry. [1]

If you use ChatGPT in Texas, the injunction the state seeks would require OpenAI to warn users of its dangers. [1] If a minor in your household uses it, the same request would have OpenAI block access to its product for minors. [3] The suit says OpenAI does not require children's accounts to be linked to a parent's account, so a parent's oversight is not built in today. [2]

The state also asks that any new model get third-party approval from a court-appointed evaluator. [3]

Sources

  1. Paxton sues OpenAI, Altman alleging ChatGPT unsafe — The Center Square
  2. Texas Attorney General Sues OpenAI, CEO Sam Altman — The Epoch Times
  3. Texas Attorney General Sues ChatGPT-maker OpenAI — Insurance Journal
OpenAITexas Deceptive Trade Practices-Consumer Protection ActFlorida Attorney General James UthmeierTexas Attorney General Ken PaxtonFlorida AG James UthmeierBuzbee Law FirmFlorida State UniversityChatGPTMetaRoblox#TexasAttorneyGeneralKenPaxton#Claims#insurance#insurancenews

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