OpenAI faces new probes

OpenAI is getting squeezed from two sides at once: Brussels is weighing whether ChatGPT should be treated like a “very large” search service under the European Union’s Digital Services Act, and Florida Attorney General James Uthmeier said on April 9 that his office is opening an investigation into OpenAI and ChatGPT. (reuters.com 1) (reuters.com 2) The Europe piece is about size. Under the Digital Services Act, platforms and search engines with more than 45 million average monthly users in the European Union can be designated for the strictest layer of oversight by the European Commission. (digital-strategy.ec.europa.eu) That label is not just paperwork. The European Commission says these very large services have to assess systemic risks, submit to independent audits, share data with regulators and vetted researchers, and give users more transparency around how information is ranked and recommended. (digital-strategy.ec.europa.eu 1) (digital-strategy.ec.europa.eu 2) Why ChatGPT is even in this conversation comes down to how people use it now. OpenAI’s own public data page says it is publishing adoption and usage patterns for commercial ChatGPT, and Reuters reported in February 2025 that OpenAI had already passed 400 million weekly active users globally. (openai.com) (cnbc.com) A report last year said European officials were still deciding whether ChatGPT fit inside the Digital Services Act’s search-engine bucket, with a decision expected in mid-2026. Friday’s Reuters report says that review is now moving toward a tougher classification, according to Handelsblatt’s sourcing. (politico.eu) (reuters.com) Florida’s case is different. Uthmeier said subpoenas are coming and framed the probe around public safety, minors, national security, and whether OpenAI’s data or technology could end up “in the hands” of the Chinese Communist Party. (cnbc.com) (politico.com) He also tied the investigation to a shooting at Florida State University, with local and national reports saying his office is examining whether ChatGPT had any role alongside broader concerns about harm to minors and self-harm cases. (techcrunch.com) (wusf.org) That means OpenAI is facing two very different rulebooks at once. Europe is asking whether ChatGPT has become big enough to deserve the same kind of ongoing risk controls applied to giant platforms, while Florida is asking whether specific harms and data-security risks justify subpoenas and a state-level legal fight. (reuters.com 1) (reuters.com 2) The timing matters because Reuters and CNBC both say the Florida move comes as OpenAI is discussing a possible initial public offering, with CNBC reporting talk of a valuation that could reach $1 trillion. A company heading toward public markets usually wants fewer open regulatory fronts, not more. (reuters.com) (cnbc.com) For users, this is the part to watch: if Europe formally puts ChatGPT under the Digital Services Act’s toughest category, product changes in ranking, transparency, and risk reporting could become mandatory there first. If Florida’s probe turns into subpoenas and litigation, the pressure point in the United States will be less about labels and more about what OpenAI knew, stored, and allowed. (digital-strategy.ec.europa.eu) (cnbc.com)