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Frankfurt Kurnit Klein & Selz
Brief

FTC Opens Comment Period on AI 'Accuracy Suppression' Policy Statement

The proposed statement says steering a model away from correct answers without disclosure can be deception under Section 5 — and singles out Colorado's AI Act by name.

M
Maya SantosSenior Reporter
2 min read

The Federal Trade Commission is seeking public comment on a proposed policy statement addressing the "suppression of accuracy" in AI systems, with the comment window running through July 31.

Released July 1, the statement takes the position that steering an AI model's output away from a correct answer — without telling users — can amount to deception under Section 5 of the FTC Act. Companies may prioritize objectives other than pure correctness, the FTC says, but only with clear and conspicuous disclosure.

Key Points

  • Undisclosed ideological steering of model outputs, contrary to reasonable consumer expectations of objectivity, could violate federal consumer-protection law.
  • State laws in the crosshairs: a significant portion of the statement targets state AI regulation, naming Colorado's Artificial Intelligence Act as a law that could pressure companies into suppressing correct outputs to avoid disparate-impact liability.
  • Disclosure as safe harbor: labs that document and disclose their output-shaping objectives would largely sit outside the theory of harm.

Why It Matters

The statement extends the administration's push — begun with the June 2 executive order on frontier models — to make Washington, not statehouses, the arbiter of how AI systems are tuned. For model developers, the compliance takeaway is immediate: system-prompt policies and alignment choices that shade factual outputs are now potential Section 5 exposure unless disclosed. Comments are due July 31; expect every major lab, and several state attorneys general, to file.

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