OpenAI Backs, Anthropic Opposes Illinois Bill Shielding AI Labs from Catastrophic Liability

SB 3444 exempts frontier AI labs from liability for mass casualties or $1B+ property damage under specific conditions

Protection applies only if the developer did not act intentionally or recklessly and has published safety and transparency reports. Original reporting identified the threshold as 100 or more deaths or serious injuries. Frontier models are defined as trained with $100M or more in compute — covering OpenAI, Google, xAI, Anthropic, and Meta.

OpenAI actively supports SB 3444, shifting from defensive to offensive legislative posture on liability

OpenAI spokesperson Jamie Radice and policy staffer Caitlin Niedermeyer testified in support before Illinois lawmakers. OpenAI frames the bill as a 'harmonized' approach that reduces risk of serious harm while allowing AI to reach Illinois residents and businesses, and says it hopes state laws will inform a national framework.

Anthropic publicly opposes SB 3444 and is lobbying Illinois lawmakers to kill or substantially amend it

Anthropic confirmed its opposition through Cesar Fernandez: 'We are opposed to this bill. Good transparency legislation needs to ensure public safety and accountability for the companies developing this powerful technology, not provide a get-out-of-jail-free card against all liability.' Anthropic says it has had 'promising conversations' with bill sponsor Senator Bill Cunningham about different legislation.

The OpenAI–Anthropic split is a rare direct public disagreement between the two leading US AI safety labs on a core policy question

Both companies have historically presented themselves as safety-focused and often aligned on regulatory principles. Their open divergence on SB 3444 signals that the frontier AI industry has no unified position on liability, complicating the legislative picture for states and federal policymakers.

Illinois Governor JB Pritzker's office opposes the bill, saying big tech should not receive a full liability shield

The Governor's spokesperson stated: 'governor Pritzker does not believe big tech companies should ever be given a full shield that evades responsibilities they should have to protect the public interest.' This adds significant political weight against passage alongside the 90% public opposition.

Legal experts warn SB 3444 would nearly eliminate existing common-law liability incentives for AI companies

Thomas Woodside, cofounder and senior policy adviser at the Secure AI Project, stated: 'Liability already exists under common law and provides a powerful incentive for AI companies to take reasonable steps to prevent foreseeable risks. SB 3444 would take the extreme step of nearly eliminating liability for severe harms.'

The $100M compute threshold concentrates the liability shield among the largest AI incumbents

The frontier model definition covers OpenAI, Google, xAI, Anthropic, and Meta — but excludes smaller AI developers. This raises questions about competitive fairness and whether the threshold was effectively designed to benefit the largest incumbents.

Bill passage considered unlikely given Illinois's regulatory track record and the political opposition now aligned against it

Illinois has historically taken an aggressive stance on tech regulation. With the Governor's office opposed, 90% public opposition, and Anthropic actively lobbying against it, SB 3444 faces a steep path — though Anthropic's 'promising conversations' with the bill's sponsor suggest it could be retooled into different legislation.