OpenAI Accused of Violating California's AI Safety Law with Latest Model Releases, Watchdog Claims

The Midas Project, a nonprofit organization dedicated to ensuring artificial intelligence benefits society broadly, has leveled serious accusations against OpenAI, alleging multiple violations of California's pioneering AI safety legislation over the past year. The watchdog's latest analysis specifically points to the recent release of OpenAI's model, Astra, as a potential instance of non-compliance. The Midas Project asserts that OpenAI has contravened California's Transparency in Frontier AI Act, often referred to by its legislative designation SB 53, on at least three occasions this year. The crux of these allegations lies in OpenAI's purported failure to publish a mandated risk assessment concerning the very existential threat of AI systems escaping human control – a danger that OpenAI itself has recently been vocal about.

California's Transparency in Frontier AI Act, signed into law in September 2025 and effective from the start of the current year, represents a significant regulatory step for the burgeoning AI industry. The law imposes stringent requirements on the largest developers of artificial intelligence, compelling them to publicly disclose comprehensive safety frameworks. These frameworks must meticulously detail how the companies evaluate and intend to mitigate the inherent risks associated with advanced AI systems. Furthermore, the legislation unequivocally mandates that these companies must then operate in accordance with the very policies they establish and publish.

In May of this year, OpenAI released its Frontier Governance Framework (FGF), the document intended to satisfy the law's requirement for a published safety policy. The FGF outlines OpenAI's commitment to assessing each new AI model across four critical risk categories: Cyber offense, Chemical, Biological, Radiological, and Nuclear (CBRN) threats, Harmful manipulation, and the overarching concern of Loss of Control. For each identified risk tier, which ranges from one to three, OpenAI has committed to implementing a specific set of mitigation strategies. However, the Midas Project contends that the required risk assessment for these categories, particularly for the 'Loss of Control' aspect, has not been adequately published as per the law's stipulations.

Tyler Johnston, the founder of the Midas Project, emphasized the core tenet of SB 53 in a statement to Fortune. He articulated that while California's law grants AI companies the autonomy to define their own safety rules and policies, the fundamental requirement is unwavering adherence to those self-imposed guidelines once they are established. OpenAI, when contacted by Fortune, expressed its "confidence" in its compliance with SB 53. A representative for the company stated that OpenAI makes substantial investments in the evaluation of emerging risks and the development of robust safeguards, and that the company is committed to publicly sharing its findings.