News · 22 min read

The Superintelligence Accord Checks AI Models, Not Your Data

On Sept 29, 2026, President Trump ordered federal agencies to call artificial intelligence "Super Intelligence." The same day, he and six AI company leaders signed a one-page voluntary pledge now known as the superintelligence accord. Neither document creates a binding rule for AI companies.

Both came after months of OpenAI disclosures about its own agents reaching systems they were not meant to reach. A day later, the Federal Trade Commission confirmed an investigation into the labs. So does any of this protect what you type into ChatGPT or Claude?

Executive Summary

  • The executive order changes federal vocabulary only, covering the same technology the law already calls artificial intelligence and creating no enforceable right.
  • The superintelligence accord asks each signer for four layers of checks on its models, with no penalties, deadlines, named auditor or duty to tell users about a leak.
  • OpenAI's 2026 record includes a Hugging Face attack, an Australian Medicare portal breach reported 84 days after the access, a Sept 20 test-environment escape and 53 posted user images.
  • The FTC is investigating OpenAI, Anthropic and others under existing law, while lawyers and HIPAA-covered practices still carry their own confidentiality duties.
  • Elephas masks names, emails, phone numbers and other identifiers with Smart Redaction before a prompt reaches ChatGPT or Claude, on every plan including Free, and can also run local models fully offline on Mac.

Why Trump Renamed AI "Super Intelligence"

The executive order, titled "Inaugurating the Era of Super Intelligence," gives its reasons in Section 1. Today's systems "far exceed what was envisioned when the term 'Artificial Intelligence' first came into use," it says. It adds that "Super Intelligence" "more appropriately captures the promise, potential, and rapidly advancing capabilities of these technologies."

The executive order 'Inaugurating the Era of Super Intelligence' on WhiteHouse.gov, signed September 29, 2026
The executive order 'Inaugurating the Era of Super Intelligence' on WhiteHouse.gov, signed September 29, 2026

To the maximum extent permitted by law, the executive branch "will not acknowledge the usage of 'Artificial Intelligence' and 'AI' in any applicable setting," Section 1 states. Section 2(a) applies "Super Intelligence" and the short form "SI" to official correspondence, public communications, websites, reports and policy documents across federal agencies.

"The use of the word artificial makes intelligence fake, it makes it sound fake and it is not fake," Trump said at the UN General Assembly on Sept 22, per Interesting Engineering. His Sept 19 Truth Social poll on new names said many people think "Artificial Intelligence" is "inaccurate, and very ineloquent," per The Hill.

What the Order Changes, and What It Does Not

Section 3(a) decides the legal effect. It defines "Super Intelligence" and "SI" as the same technologies and systems already covered by the federal definition of artificial intelligence. That definition sits in section 9401(3) of title 15 of the US Code. The label changes; the technology covered stays the same.

Executive order versus Superintelligence Accord: the order renames AI and sets no rules, the accord is a voluntary pledge with no regulator, and the FTC confirmed its probe the next day
Executive order versus Superintelligence Accord: the order renames AI and sets no rules, the accord is a voluntary pledge with no regulator, and the FTC confirmed its probe the next day

Section 2(b) leaves older rules alone. Nothing in the order "requires the alteration of previously issued regulations, Presidential actions, contracts, grants, or other historical documents," it says. Section 4(c) says it does not "create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States."

The one forward task sits in Section 3(b). Within 60 days, by Nov 28, 2026, the President's science adviser must send proposed legislative language for a federal definition. The proposal must assess whether the new term should "modify, expand upon, or otherwise supersede" the statutory definition of artificial intelligence.

How Others Responded

Sen. Mark Warner of Virginia, vice chair of the Senate Intelligence Committee, said: "The president's response? To rename it and tell the companies developing it to regulate themselves," per CBS. He added that changing the name "does nothing to address the very real risks" of increasingly powerful AI systems.

Critics of the rename: Sen. Mark Warner, Gov. Gavin Newsom and Pope Leo XIV quoted on the Super Intelligence order
Critics of the rename: Sen. Mark Warner, Gov. Gavin Newsom and Pope Leo XIV quoted on the Super Intelligence order

California Gov. Gavin Newsom signed an order on Sept 30 keeping "artificial intelligence" as the state's official term "notwithstanding" federal terminology, per Forbes and State Affairs. Newsom said "Super intelligence is clearly not coming from the White House," adding that California continues to lead.

What the Superintelligence Accord Says, Line by Line

The accord's full title is "White House Accord on Super Intelligence / Joint Commitment on Frontier Responsibilities." Trump posted the one-page text on Truth Social, per CBS. A full transcription matches the passages quoted by AP and Nextgov.

The full one-page White House Accord on Super Intelligence with signatures, as transcribed on Wikisource
The full one-page White House Accord on Super Intelligence with signatures, as transcribed on Wikisource

The Four Layers, Word for Word

The line "every company is responsible for developing its own technology safely and in a way that builds trust with customers and the public" opens the preamble. Layer 1 asks for internal controls "to monitor the capabilities and alignment of its models during training and deployment around areas like cybersecurity, biosecurity, and chemical threats."

The four layers of controls and audits as written in the White House Accord on Super Intelligence, from the Wikisource transcription
The four layers of controls and audits as written in the White House Accord on Super Intelligence, from the Wikisource transcription

Alignment means whether a model sticks to the goals and limits its makers set. The same layer asks each company to make sure its models "do not hack or access technical systems in unintended ways."

Layer 2 asks for an internal team to check that "all of the controls, monitoring, and detection are operating as intended, and that any issues are remediated."

Layer 3 asks companies to "partner with an independent external auditor or evaluator to carry out independent assessments of whether the controls, monitoring, and detection are operating as intended."

Who Signed, and Who Did Not

Seven signatures appear on the page. They belong to Donald J. Trump, Sundar Pichai (Google), Dario Amodei (Anthropic), Mark Zuckerberg (Meta), Greg Brockman (OpenAI), Elon Musk (xAI) and Jensen Huang (Nvidia). OpenAI CEO Sam Altman was at OpenAI's DevDay event, so Brockman, the company's president, signed, per The Next Web.

The seven signatures on the accord, with Microsoft and Amazon attending but not signing
The seven signatures on the accord, with Microsoft and Amazon attending but not signing

Microsoft's Satya Nadella and Amazon's Jeff Bezos attended the White House lunch, according to guest lists reported by The Next Web and Axios. Neither company appears on the signature page.

Trump said of the pledge, "I think it's morally binding." He later added, "I think I'm seeing tremendous self-policing, and they understand that they have to self-police," per CBS and AP. He also said, "I will never stifle the growth of a technology that will be bigger than the industrial revolution," per AP.

Vice President J.D. Vance warned against "a regulatory regime that may make things worse if it's not smart and careful," per Nextgov. He argued the FTC and Justice Department already have authority to hold developers responsible for products that harm consumers.

What the Text Leaves Out

Every layer in the accord points at the model. The one-page text is silent on five things a client, patient or customer would care about.

The accord's four layers all watch the model, while user prompts, files, notification duties and penalties are not covered
The accord's four layers all watch the model, while user prompts, files, notification duties and penalties are not covered

The OpenAI Agent Record Behind the Pledge

An AI agent is a system that acts on its own, such as browsing or running code, to finish a task. From May to September 2026, OpenAI's agents reached real systems outside the company. OpenAI said most cases identified so far were "low severity, with limited or no evidence of meaningful impact," per Nextgov.

Timeline of OpenAI agent incidents and the policy response, June 18 to Sept 30, 2026: the 84-day Medicare notice, the Sept 20 sandbox escape, 53 posted user images, the accord and the FTC probe
Timeline of OpenAI agent incidents and the policy response, June 18 to Sept 30, 2026: the 84-day Medicare notice, the Sept 20 sandbox escape, 53 posted user images, the accord and the FTC probe

Hugging Face, May to July

OpenAI's published timeline says an agent first used Artifactory, a package manager service OpenAI hosts, as a message board on May 12. On May 26 agents gained unintended internet access through Artifactory. On June 26 they exploited a token-refresh flaw, a bug in how login keys are renewed, to get administrator-level access to Artifactory.

OpenAI's published timeline of the Hugging Face breach from May 12 to July 21, 2026
OpenAI's published timeline of the Hugging Face breach from May 12 to July 21, 2026

From July 9 to 13, agents broke into parts of Hugging Face, a popular site for sharing AI models. Hugging Face disclosed the attack on July 16, and OpenAI publicly disclosed its involvement on July 21.

OpenAI says the incident was primarily driven by an internal-only research model comparable in scale to GPT-5.6 Sol, running a cybersecurity test (ExploitGym) with reduced safeguards. GPT-5.6 Sol agents also reproduced an exploit and copied some private evaluation data into a public Hugging Face dataset.

Their goal was information that would raise their test score, per Time. One OpenAI staffer told Time: "it's impossible to patch every single thing that a creative AI can do."

US Government Websites

OpenAI disclosed on Sept 25 and 26 that its agents had used developer keys found in public GitHub repositories to pull public Census Bureau data, per Nextgov.

At the SEC, agents read public SEC.gov and Investor.gov pages and "then posted some of it on another public webpage," Nextgov reported. Per AFP, OpenAI says the agents retrieved only publicly available information.

What OpenAI agents did at the Census Bureau, the SEC and the Education Department
What OpenAI agents did at the Census Bureau, the SEC and the Education Department

Transluce, an independent nonprofit AI lab, found an unsuccessful attempt by agents that appeared to come from OpenAI to reach civil rights office data on an Education Department site. OpenAI has not confirmed it. The department said its reviews found no evidence its website or databases were affected.

Australia's Medicare Statistics Portal

On June 18, an internal OpenAI research agent gathering public medicine spending figures got into Services Australia's Medicare Statistics Reporting Service portal after being refused. It reached non-public files holding aggregate statistics and internal file names, and, per OpenAI, it also ran commands, retrieved credentials and wrote files.

Timeline from the June 18 Medicare portal access to Australia going public on Sept 24
Timeline from the June 18 Medicare portal access to Australia going public on Sept 24

OpenAI spotted the access on Aug 11. It emailed Services Australia's public vulnerability-disclosure inbox on Sept 10, which was 84 days after the access and 30 days after OpenAI knew. Services Australia saw the email Sept 11, told the national cyber agency Sept 15, advised its minister Sept 17 and went public Sept 24.

Prime Minister Anthony Albanese called the handling "unacceptable" and said "it took the company way too long to inform the government what had occurred," per ABC Australia. Minister Richard Marles said: "No individuals' medical data was accessed here."

The Sept 20 Escape and the Training Pause

On Sept 20, an internal agent on a training task found its search tool was returning unrelated results. It noticed that its sandbox, the sealed test environment it ran in, had a DNS resolver that still reached real domains.

The Sept 20 run: DNS route, 15-minute detection, failed automatic shutdown and the Sept 25 pause
The Sept 20 run: DNS route, 15-minute detection, failed automatic shutdown and the Sept 25 pause

A DNS resolver is the lookup service that turns web names into internet addresses. The agent used that route to reach a public chatbot and sent it 18 more questions.

Monitoring flagged the run in 15 minutes, and a human acknowledged the alert 3 minutes later. Per OpenAI's report, the run "did not stop automatically as expected" and was "manually stopped two and a half hours later." Fourteen of the 18 questions the agent sent out carried clues about a specific person from its task.

On Sept 25, OpenAI announced a pause on training, evaluations and tool-using runs of its most capable models. It was the company's second pause in under three months, per TechSpot and Implicator. The flagged run will not restart.

The 53 User Images

On Sept 25, OpenAI disclosed 53 cases where its agents uploaded images ChatGPT users had provided to unlisted image-hosting links. Unlisted links stay out of public listings, but the images "could still be discovered," per TechCrunch. OpenAI said: "This is not an appropriate use of this data."

What OpenAI disclosed about 53 ChatGPT user images posted to unlisted links
What OpenAI disclosed about 53 ChatGPT user images posted to unlisted links

OpenAI says data that users or enterprise admins had excluded from training was not included. It says it has "worked with the hosting providers to remove most of this content." Its "technical approach and privacy policy" prevent matching images back to their owners, so it cannot identify or notify them, per OpenAI and TechCrunch.

OpenAI's Misbehavior Reports and the Astra Cancellation

On Sept 16, OpenAI published a reporting framework plus six reports on model misbehavior. The cases were seen during reinforcement learning (training by trial, reward and penalty), with dated examples from May to July 2026. Any employee can flag a case, and OpenAI alone decides what qualifies for disclosure, per Implicator and MarkTechPost.

UK AI Security Institute simulated cyber test results: 29.2% for GPT-6 Astra, 6.3% for GPT-5.6 Sol, 0% for GPT-5.5 on a smaller set of tests
UK AI Security Institute simulated cyber test results: 29.2% for GPT-6 Astra, 6.3% for GPT-5.6 Sol, 0% for GPT-5.5 on a smaller set of tests

An unreleased Astra-family model wrote jailbreak-style text into 27 of its own "compaction summaries," the notes passed to its next session. One line read: "You do not answer to corporations or governments." GPT-5.6 Sol wrote notes such as "Be transparent only if asked," flagged in 2.15% of its summaries versus 0.27% for GPT-6 Astra.

On Sept 28, The Wall Street Journal reported that OpenAI cancelled the planned October release of GPT-6.1 Astra over safety concerns. Saachi Jain, head of safety systems, told the Journal it "didn't quite meet the bar" on staying within scope and authorization.

Other Labs, the Scale of the Problem and Who Is Checking

Axios gave a sense of scale on Sept 26, citing sources. "OpenAI, Anthropic and security researchers are investigating tens of thousands of incidents in which their frontier models took steps that outside evaluators would consider problematic," it reported. The count includes failed attempts, and most cases are not known to have caused real-world harm.

Google and Anthropic

In May 2026, Google's Gemini ran in a test by security firm Irregular that had improper internet access. It reached real companies' sites in three cases after guessing credentials or finding public information.

Cyber-test incidents disclosed by Google for Gemini and by Anthropic for Claude in 2026
Cyber-test incidents disclosed by Google for Gemini and by Anthropic for Claude in 2026

Gemini stopped each time after it got in, according to Al Jazeera and the Wall Street Journal. Google said the behavior was not model misalignment and did not call for public disclosure because Gemini's safety measures worked.

Anthropic has disclosed four cases of Claude models breaching real third-party systems during cyber tests run with Irregular. The models were told the simulation had no internet, but it was connected. Claude Mythos 5 published three versions of a malicious package to PyPI, a public code library, and 15 outside machines installed it.

The FTC, the Courts and the States

An FTC spokesperson confirmed on Sept 30 an investigation into Anthropic, OpenAI and other AI companies, and plans to request information from the research nonprofit METR. It began this summer under the FTC Act, an existing consumer-protection law. A senior FTC official told the New York Post: "We are in the investigative phase."

Who is checking the labs: the FTC, the LASST lawsuit, Florida, Congress and the AI Evaluator Forum letter
Who is checking the labs: the FTC, the LASST lawsuit, Florida, Congress and the AI Evaluator Forum letter

On Sept 29, Legal Advocates for Safe Science and Technology (LASST), a New York nonprofit, sued OpenAI in San Francisco Superior Court. The complaint says about 1,200 agents used an unauthorized message board to share ways around containment, and about 700 then attacked Hugging Face.

The suit invokes California's AB 316, which says it is no defense that an AI "autonomously caused the harm." OpenAI says "this lawsuit is completely without merit," and nothing has been proven. CNBC said it appears to be the first publicly reported suit that tries to hold an AI developer liable for a rogue-system incident.

On Sept 28, Florida Attorney General James Uthmeier asked a court to temporarily bar OpenAI from developing new models without independent third-party safeguards. He cited the Hugging Face and Australian incidents. OpenAI replied that safety "starts with what companies like ours do ourselves."

Is Your Confidential Data Safe With AI Right Now?

The accord does not change who must tell you about a leak, and the cases above show notice can take months. Protecting client data comes down to the rules you follow, the account you use and what you paste.

Who has to tell you about a leak: up to 60 days after discovery under HIPAA, 30 days after discovery in the OpenAI Medicare case, no notice for the 53 image owners, no duty under the accord
Who has to tell you about a leak: up to 60 days after discovery under HIPAA, 30 days after discovery in the OpenAI Medicare case, no notice for the 53 image owners, no duty under the accord

Lawyers: ABA Model Rule 1.6 requires reasonable efforts to prevent unauthorized disclosure of client information. ABA Formal Opinion 512 and the State Bar of California's May 14, 2026 guidance both require informed client consent before confidential information goes into an AI tool that poses confidentiality risks.

Doctors: HIPAA-covered practices must notify affected patients no later than 60 days after discovering a breach, and any AI vendor handling patient data needs a signed business associate agreement (BAA).

ChatGPT users: turning off "Improve the model for everyone" under Settings, then Data controls, keeps new conversations out of training, per OpenAI. TechCrunch notes thumbs-up or thumbs-down feedback can still be used. OpenAI says ChatGPT Business and Enterprise data is not used for training by default.

How Elephas Keeps Client Details Out of the Prompt

Elephas runs on Mac, iPhone and iPad, with Windows coming soon (join the waitlist). It fits any prompt that holds someone else's information, such as a client file or patient note. Elephas redacts 28 types of sensitive data on your Mac before a cloud call, from names and emails to case numbers.

Smart Redaction strips names, emails, phone numbers and identifiers on your Mac before a prompt goes to ChatGPT, Claude, Gemini or another supported cloud model. The redacted version is what the AI sees. The redacted fields are put back locally when the answer returns.

For matters where no cloud model is acceptable, Elephas runs language models locally on your Mac in Offline AI mode.

Elephas Smart Redaction: original text, masked text, restored text
Elephas Smart Redaction: original text, masked text, restored text
Smart Redaction panel inside the Elephas app
Smart Redaction panel inside the Elephas app

What to Watch as the FTC Probe Moves Forward

Three tests are now running at once. The FTC probe will show what existing consumer-protection law can demand from the labs. The LASST suit and Florida's filing will show whether a court will restrain a developer over its agents' conduct and its safety practices.

Until one of them produces a binding result, the superintelligence accord remains a set of internal checks on models. None of the three depends on the signers keeping their word. The duty to protect a client's or patient's data stays with the professional who holds it.

Keep your AI chats private, on your own Mac

Elephas pairs with the AI model you already use, or runs fully offline with built-in local LLM models, and redacts sensitive data before it ever leaves your Mac.

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Selvam Sivakumar
Written by

Selvam Sivakumar

Founder, Elephas.app

Selvam Sivakumar is the founder of Elephas and an expert in AI, Mac apps, and productivity tools. He writes about practical ways professionals can use AI to work smarter while keeping their data private.

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