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OpenAI Backs Illinois Bill Limiting AI Liability To 'Critical Harms'

The measure would shield labs from lawsuits over catastrophic harms if they publish safety reports and did not act intentionally or recklessly.

  • OpenAI is backing Illinois Senate Bill 3444, which would shield AI developers from liability for "critical harms" caused by frontier models, provided they publish safety reports and avoid intentional misconduct.
  • The legislation defines "critical harms" as incidents involving the death or serious injury of 100 or more people or at least $1 billion in property damage, applying to AI models trained with more than $100 million in computational costs.
  • Caitlin Niedermeyer, a member of OpenAI's Global Affairs team, argued state laws can be effective if they "reinforce a path toward harmonization with federal systems," avoiding a "patchwork of inconsistent state requirements."
  • Scott Wisor, policy director for the Secure AI project, believes the bill faces a slim chance of passing; 90 percent of Illinois residents polled oppose exempting AI companies from liability.
  • On Thursday, Florida Attorney General James Uthmeier launched an investigation into OpenAI and ChatGPT citing public safety concerns, as no federal laws currently resolve who bears responsibility for large-scale AI-triggered disasters.
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Wired broke the news in United States on Friday, April 10, 2026.
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