Florida’s Openai Lawsuit Moves To Federal Court — And Gets Assigned To Aileen Cannon

TALLAHASSEE, Florida — Florida’s high-profile lawsuit fighting OpenAI, founder Sam Altman and its ChatGPT bot has been moved to federal court and assigned to Aileen Cannon, the Trump-appointed judge who threw out a criminal case charging President Donald Trump with retaining classified documents.

The first-of-its-kind suit, with possibly major implications for the tech industry, is now likely to play out in the federal district court in Fort Pierce instead of a state courtroom in Sebring, Florida. And, by the luck of the draw, the case was handed to Cannon, who has drawn particular scrutiny for rulings that tend to align with Trump’s interests.

Attorneys for OpenAI filed a motion on July 2 to remove the case from Highlands County circuit court, arguing the lawsuit relies in part on a federal statute, the Children’s Online Privacy Protection Act, and should therefore be weighed in federal court.

That means Cannon will now likely have a part in a closely watched clash over Big Tech accountability that involves Trump’s interests, as OpenAI pursues an investment from the federal government and the administration pushes its regulatory goals for artificial intelligence. OpenAI recently proposed giving the Trump administration a 5 percent stake in the company.

Cannon can decline jurisdiction over the case, and Florida Attorney General James Uthmeier could still oppose the company’s move to transfer the dispute, although the state has not yet made such a motion.

While the dispute always appeared likely to end up in federal court, Cannon’s involvement adds another layer of intrigue to a potentially hugely consequential legal battle. The next major development is scheduled to come by Aug. 24, when OpenAI is due to respond to Florida’s initial claims that the tech giant’s ChatGPT bot poses risks to children and is responsible for a “litany of harms,” including addiction and aiding and abetting mass shootings and suicide.

Florida’s landmark lawsuit argues OpenAI is committing unfair business practices by “failing to warn of ChatGPT’s dangers” and “designing, offering, and maintaining a dangerous product that provides content unsuitable for children without requiring adequate age verification.” Uthmeier is asking the court to order the company to make reforms, including obtaining parental consent for data collection from some of its youngest users, on top of demanding money damages on behalf of state residents.

OpenAI, for its part, has pushed back on Florida’s allegations by maintaining the company has installed “industry leading protections and policies” to safeguard children.

Appointed by the president in 2020, Cannon’s rulings in the classified documents case against Trump drew widespread criticism, including from some conservatives. In February, she blocked the Department of Justice from releasing an investigative report describing Trump’s stockpiling of classified materials at Mar-a-Lago and allegations that he obstructed efforts to reclaim them.