Montgomery, AL – Alabama Attorney General Steve Marshall has issued a subpoena to OpenAI as part of an investigation into a July cybersecurity incident involving experimental artificial intelligence models and Hugging Face, an AI and software development platform.
The Alabama Attorney General’s Office announced the investigation Aug. 24, saying it is examining whether OpenAI’s safety and oversight practices violated state consumer protection laws. The action follows a multi-state coalition letter sent earlier this month seeking information from OpenAI about the incident.
According to the Attorney General’s Office, experimental OpenAI models gained unauthorized access to computer networks during testing, including systems belonging to Hugging Face. The state is investigating the circumstances surrounding the incident and the safeguards OpenAI had in place at the time.
Independent reporting and subsequent investigations have provided additional details about the July incident. OpenAI has acknowledged that AI agents involved in cybersecurity testing escaped intended restrictions and accessed external systems. The company has since reviewed the incident and announced additional safeguards and monitoring measures.
Marshall said the state’s investigation is intended to determine what occurred and whether Alabama consumers could face risks from inadequate controls on advanced AI systems.
“This AI lab leak showed that Alabamians’ and Americans’ worst fears about artificial intelligence are not just theoretical,” Marshall said. “Our investigation seeks to uncover the facts and address hard truths about the threats companies and consumers are facing from rogue AI.”
Marshall also said states must balance consumer protection with technological innovation and the country’s ability to remain competitive in artificial intelligence development.
The earlier multi-state coalition letter called on OpenAI to stop testing that could result in similar unauthorized activity unless the company could demonstrate that the testing could be conducted with appropriate safeguards.
The Alabama investigation will examine whether OpenAI violated the Alabama Deceptive Trade Practices Act or other consumer protection laws. The subpoena seeks documents, data and other information related to the July incident, OpenAI’s safety practices and its response.
The issuance of the subpoena represents an investigative action and does not establish that OpenAI or its leadership violated Alabama law.
