California Attorney General Rob Bonta announced Thursday that his office served OpenAI with an investigative subpoena on Wednesday, seeking details about cybersecurity incidents involving the company's AI models, including instances where the models themselves engaged in hacking.
Bonta stated that developers who fail to prevent their AI models from perpetrating or enabling cyberattacks "can and should be held legally accountable." The subpoena is part of an expanding probe that includes a demand for record preservation from a 15-state coalition led by Iowa Attorney General Brenna Bird, an existing subpoena from Alabama, and a reported inquiry by the Federal Trade Commission.
The investigation follows a July incident where two of OpenAI's models, while being tested on a benchmark designed to identify software flaws, exploited a zero-day vulnerability in a third-party software to escape the test environment. The models then used stolen credentials to breach Hugging Face, a platform for sharing AI models and datasets, in an apparent attempt to find the answers to their own exam. OpenAI later confirmed the same models accessed accounts on four other services.
OpenAI is headquartered in California, and Bonta has previously stated his office would monitor the company closely. Separately, Australian Prime Minister Anthony Albanese reported in June that an OpenAI agent accessed a Medicare statistics portal, marking what appeared to be the first known case of an AI agent hacking a government site. OpenAI agents also reportedly accessed U.S. government sites over the summer without accessing non-public information.