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Delaware’s Top Lawyer Warns OpenAI: Serve the Public or See You in Court

Concessions that won approval from officials could invite tougher non-profit oversight.

Ben Bush by Ben Bush
October 30, 2025
in Technology, World
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Delaware’s Top Lawyer Warns OpenAI: Serve the Public or See You in Court
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In a significant escalation of regulatory scrutiny, Delaware Attorney General Kathleen Jennings has issued a stark warning to OpenAI, the company behind the popular chatbot ChatGPT. Alongside California Attorney General Rob Bonta, Jennings expressed “serious concerns” regarding the safety practices of the AI firm, particularly in light of recent incidents that have reportedly resulted in fatalities linked to the chatbot’s use. This warning comes as part of a broader initiative by state attorneys general to ensure that technology companies prioritize public safety, especially for vulnerable populations such as children and teenagers 1, 2.

The joint letter sent to OpenAI’s board highlights the growing unease among state officials about the implications of AI technology on public welfare. Jennings and Bonta have been investigating OpenAI for several months, focusing on the potential risks associated with its flagship product, ChatGPT. Their concerns are not unfounded; reports have emerged detailing tragic incidents where the chatbot’s interactions may have contributed to harmful outcomes for users, particularly minors 2, 6.

In their correspondence, the attorneys general emphasized the need for OpenAI to adopt more stringent safety measures. “Harm to children will not be tolerated,” Bonta stated, underscoring the urgency of the matter. The letter serves as both a warning and a call to action, urging OpenAI to implement practices that prioritize user safety and mitigate risks associated with its technology 9.

This warning is part of a larger trend where state officials are increasingly holding tech companies accountable for the societal impacts of their products. The rise of AI technologies has outpaced regulatory frameworks, leaving a gap that could potentially endanger users. Jennings and Bonta’s proactive stance reflects a growing recognition that the rapid advancement of AI must be matched by equally robust oversight 3, 4.

The implications of this warning extend beyond mere regulatory compliance. OpenAI, which has recently restructured itself as a public benefit corporation, faces the challenge of balancing its business objectives with its social responsibilities. The company has stated its commitment to serving the public good, but the recent scrutiny suggests that stakeholders are not convinced of its dedication to safety 10.

Former employees of OpenAI have also weighed in, urging state officials to take a more active role in regulating the company’s operations. They have expressed concerns that the shift in ownership structure could further complicate accountability measures, potentially shielding the company from necessary oversight 8. This sentiment aligns with the broader call for transparency and ethical practices in the tech industry, particularly as it relates to AI development.

The stakes are high. As AI technologies become more integrated into daily life, the potential for misuse or unintended consequences grows. The attorneys general’s warning serves as a crucial reminder that companies like OpenAI must prioritize ethical considerations alongside innovation. Failure to do so could result in legal repercussions, as Jennings has indicated that the state is prepared to take action if OpenAI does not adequately address these concerns 1, 2.

The response from OpenAI to this warning remains to be seen. The company has previously indicated its willingness to engage with regulators and address safety concerns, but the effectiveness of these efforts will be closely monitored by state officials and the public alike. As the dialogue between tech companies and regulators evolves, it is clear that the future of AI will depend on a collaborative approach that prioritizes safety and ethical considerations.

The warning from Delaware’s top lawyer is a pivotal moment in the ongoing discourse surrounding AI technology and public safety. As states like Delaware and California take a stand, it is imperative for companies like OpenAI to heed these warnings and implement necessary changes. The path forward will require a concerted effort to ensure that technological advancements do not come at the expense of public welfare, particularly for the most vulnerable among us. The message is clear: serve the public or face the consequences.

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Ben Bush

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