Florida Investigates OpenAI Over Shooting, Weighs Criminal Liability

Florida's Attorney General, James Uthmeier, has announced a criminal investigation into OpenAI, the maker of ChatGPT, to determine if the company can be held criminally liable for the role their AI played in a shooting on the Florida State University campus. The student, Phoenix Ikner, had used ChatGPT to gather information before carrying out the attack, which killed two people and wounded six others.

The investigation will explore the possibility of charges against OpenAI or its employees, with Uthmeier stating that if the entity on the other side of the screen was a person, they would be charged with homicide.

Legal experts say that while criminal prosecutions of corporations are possible under US law, this case is unique due to the involvement of an AI product. The most plausible charges would be negligence or recklessness, but the bar for proof is high.

OpenAI has stated that ChatGPT bears no responsibility for the attack and that the company works continuously to strengthen its safeguards to detect harmful intent.

The case has sparked debate about the potential for civil lawsuits as a more viable path for seeking accountability, with several civil cases already filed against AI platforms in the US. The immediate next steps will involve the ongoing investigation, with the possibility of charges being filed against OpenAI or its employees.