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AG Bonta Serves OpenAI an Investigative Subpoena, AG Raúl Torrez and Rep. Linda Serrato Announce AI Legislation

  • New Mexico AG Raul Torrez and State Representative Linda Serrato (D-Santa Fe) announced the Frontier Artificial Intelligence Safety and Accountability Act during Representative Serrato’s “Machines to Mesas” AI Summit. The proposed legislation requires the largest AI developers to assess and disclose the risks their models pose, backed by independent, state-authorized audits designed to catch a model that behaves differently under evaluation than in the real world. Dangerous incidents must be reported fast (24 hours for loss of control events, 72 hours for others), and a developer must prove it can actually shut a system down before running it autonomously again.
  • Additionally, New Mexico can recover its own costs of responding to an incident, and the AG can sue on behalf of New Mexicans harmed by one. The announcement also included AG Torrez requesting that OpenAI preserve every record related to an incident that occurred in May when OpenAI attempted to breach the University of New Mexico’s digital library.
  • Separately, California AG Rob Bonta served OpenAI with an investigative subpoena as part of the California Department of Justice’s (DOJ) ongoing investigation of incidents resulting from the operations of OpenAI and its AI models. The investigation stems from OpenAI’s disclosure of its agents’ hack of another AI company, Hugging Face, and the subpoena is part of a broader inquiry by AGs into cybersecurity incidents and risks involving the company and its models.