Policy
Watchdog says OpenAI model releases may violate California's frontier AI safety law
The Midas Project, a nonprofit watchdog, says OpenAI released three models, including GPT-6 Astra, without the risk-tier determinations its own safety framework calls for, which the group argues breaches California's SB 53. OpenAI told Fortune it is confident it is complying with the law.
In an analysis published Sept. 10, the group said OpenAI's Frontier Governance Framework, released in May as the company's safety framework under SB 53, commits it to designating a risk tier for each covered model in categories that include loss of control, and to documenting that determination publicly. According to the analysis, the system cards for GPT-5.6 Preview, GPT-5.6 and GPT-6 Astra never mention the framework and instead report risks under OpenAI's older Preparedness Framework, which the group says does not cover loss-of-control risk.
SB 53, the Transparency in Frontier AI Act, took effect in January and requires large developers to publish safety frameworks and adhere to them. Fortune, which reported the allegations Sept. 14, said violations can carry penalties of up to $1 million each. Neither the analysis nor Fortune's report indicates that a complaint has been filed or that regulators have acted. Fortune noted the Midas Project raised a similar allegation in February over GPT-5.3-Codex, which OpenAI disputed.
Source details
- Source
- The Midas Project
Source reporting
Read the original reporting and research behind this briefing.