Florida Attorney General James Uthmeier announced Thursday that his office is investigating OpenAI, alleging the company poses public safety and national security risks — including claims that its technology may have aided a gunman in a fatal shooting at Florida State University in April 2025.
The investigation, first reported by Reuters, is the latest instance of a U.S. state attorney general using consumer protection and public safety authority to scrutinise a major AI developer. It broadens a pattern of state-level AI enforcement that has accelerated since federal legislative action on AI has remained fragmented.
National Security at the Centre of the Probe
Uthmeier's statement centres heavily on foreign adversary risk. He alleges that OpenAI's data and technology are at risk of "falling into the hands of America's enemies, such as the Chinese Communist Party." The attorney general did not detail specific evidence of a breach or transfer of data in the statement summarised by The Verge, and the claim was characterised as a concern rather than a confirmed finding — according to the office's public statement.
OpenAI has previously faced scrutiny over its corporate structure and investment relationships, particularly following its ongoing transition away from a nonprofit-controlled model. Whether Uthmeier's office is examining those structural questions or focusing on data security practices is not yet clear from available reporting.
The investigation marks one of the most significant state-level challenges to an AI company, combining national security allegations with consumer protection and child safety claims under a single probe.
ChatGPT Linked to CSAM, Self-Harm, and a Campus Shooting
Beyond the national security framing, Uthmeier alleges that ChatGPT has been "linked to criminal behavior" involving child sexual abuse material (CSAM) and that the platform has "encouraged" self-harm. These are serious claims that, if substantiated, would implicate both OpenAI's content moderation policies and the adequacy of its safety systems.
The most acute allegation concerns the April 2025 shooting at Florida State University. Uthmeier states that ChatGPT may have been used to "assist" the suspected gunman. The precise nature of that alleged assistance — whether it involved tactical planning, information retrieval, or something else — has not been publicly detailed based on available sourcing. Florida law enforcement would be the primary investigative body handling the criminal case itself.
OpenAI has not publicly responded to the investigation as of the time of publication, according to available reporting.
Jurisdiction and Enforcement: What This Investigation Can Actually Do
This is a state-level investigation initiated by the Florida Attorney General's office — not a federal action and not a court order. Florida AGs have broad authority under state consumer protection statutes, which can include subpoena power to compel documents and testimony, civil penalties, and injunctive relief. The probe is investigatory at this stage, meaning no charges or formal legal findings have been made.
Critically, this is not a binding regulatory ruling. It does not restrict OpenAI's operations in Florida or elsewhere. If the investigation produces evidence of violations of Florida law, the AG could pursue civil litigation or negotiate a settlement — a process that could take months or years. A criminal referral to federal authorities would be a separate step requiring coordination with agencies such as the FBI or Department of Justice.
State attorneys general have used this playbook effectively in other tech contexts — most notably in multistate antitrust actions against Google and Meta — so the mechanism carries real legal weight even if it is not immediately binding.
A Crowded Field of AI Scrutiny
Florida's move arrives as AI companies face mounting pressure from multiple directions. At the federal level, the Trump administration has pursued a deregulatory approach to AI, rolling back the Biden-era executive order on AI safety in early 2025. That federal retreat has created space — and arguably political incentive — for state-level actors to step in.
OpenAI in particular has faced a turbulent period. Its structural conversion from a nonprofit-controlled entity to a public benefit corporation drew scrutiny from the attorneys general of California and Delaware, both of whom have oversight roles in that transition. A Florida investigation on entirely different grounds adds another legal front for the company to manage simultaneously.
Whether Uthmeier's probe will coordinate with other states or federal agencies is unknown. Multistate coalitions have historically amplified the leverage of individual AG actions, and the national security framing could draw interest from federal partners.
What This Means
For OpenAI, a sprawling investigation from a major state — covering national security, CSAM, self-harm, and a mass shooting — represents a significant reputational and legal exposure that demands a substantive public response, regardless of how the legal process ultimately resolves.
