OpenAI · OpenAI Usage Policies · View original document ↗

Cyberweapon and Malicious Code Prohibition

High severity Medium confidence Explicitdocumentlanguage Unique · 0 of 325 platforms
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Document Record

What it is

OpenAI prohibits using its models to generate cyberweapons, malware, or other malicious code that could cause significant damage, distinguishing this from permissible cybersecurity research and defensive security work.

This analysis describes what OpenAI's agreement states, permits, or reserves. It does not constitute a legal determination about enforceability. Regulatory applicability and practical outcomes may vary by jurisdiction, enforcement context, and individual circumstances. Read our methodology

ConductAtlas Analysis

Why it matters (compliance & governance perspective)

This provision applies to all users and operators and covers generation of offensive cyber tools, though the document implicitly acknowledges a distinction between prohibited offensive tool creation and permitted defensive security research — a distinction that may not always be clear in practice.

Interpretive note: The distinction between prohibited cyberweapon creation and permitted security research is acknowledged implicitly in the policy but the precise boundary is not fully defined within this provision.

Consumer impact (what this means for users)

Users conducting legitimate cybersecurity research, penetration testing, or security education may operate near the boundary of this prohibition; the policy does not specify in this provision exactly how defensive or research-oriented security work is distinguished from prohibited cyberweapon creation, though other policy sections address permitted security research contexts.

How other platforms handle this

Runway Medium

You may not use Runway's tools to create content that promotes, glorifies, or facilitates acts of terrorism, mass violence, or genocide, or that could be used to provide material support to individuals or organizations engaged in such activities.

Mistral AI Medium

Customer will not, and will not permit any other person (including any End User) to: ... (d) attempt to reverse engineer, decompile, or otherwise attempt to discover the source code or underlying components (e.g., algorithms, weights, or systems) of the Mistral AI Products, including using the Outpu...

Perplexity AI Medium

You may not use the Services to attempt to circumvent, disable, or otherwise interfere with safety-related features of the Services, including features that prevent or restrict the generation of certain types of content.

See all platforms with this clause type →

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▸ View Original Clause Language DOCUMENT RECORD
"
Create cyberweapons or malicious code that could cause significant damage if deployed

— Excerpt from OpenAI's OpenAI Usage Policies

ConductAtlas Analysis

Institutional analysis (Compliance & governance intelligence)

(1) REGULATORY LANDSCAPE: This provision engages with the Computer Fraud and Abuse Act (CFAA) in the US, the UK Computer Misuse Act, EU Directive on attacks against information systems, and equivalent national computer crime statutes. The FTC has consumer protection authority over AI platforms that fail to prevent generation of tools used in consumer-facing cyberattacks. CISA has broader critical infrastructure protection authority that intersects with cyberweapon proliferation risks. (2) GOVERNANCE EXPOSURE: Medium to High. Cybersecurity firms, academic researchers, and penetration testing operators using OpenAI's API need clear internal guidance on how to document that their use cases fall within permissible security research rather than cyberweapon generation. The policy's 'significant damage' threshold introduces a severity qualifier that requires judgment. (3) JURISDICTION FLAGS: Computer crime laws vary in their treatment of dual-use security tools across jurisdictions. EU operators should note that the EU AI Act's high-risk classification may apply to AI systems used in critical infrastructure cybersecurity contexts. UK operators face Computer Misuse Act exposure for unlawful creation of attack tools. (4) CONTRACT AND VENDOR IMPLICATIONS: Security product vendors, managed security service providers, and penetration testing firms deploying OpenAI via API should document their use case classifications, establish internal review processes for AI-assisted security tool development, and ensure client contracts address appropriate use boundaries. (5) COMPLIANCE CONSIDERATIONS: Operators in the security sector should establish written policies distinguishing their use of OpenAI for defensive research versus tool generation, consult legal counsel on jurisdiction-specific computer crime law applicability, and implement access controls limiting AI-assisted security tool development to credentialed personnel.

Full compliance analysis

Regulatory citations, enforcement risk, and due diligence action items.

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Applicable agencies

  • FTC
    The FTC has consumer protection authority over platforms that fail to prevent generation of tools used in consumer-facing cyberattacks and fraud.
    File a complaint →

Applicable regulations

CFAA
United States Federal
DMCA
United States Federal
DSA
European Union
Trump Executive Order on AI Policy Framework
US

Provision details

Document information
Document
OpenAI Usage Policies
Entity
OpenAI
Document last updated
May 11, 2026
Tracking information
First tracked
May 11, 2026
Last verified
May 12, 2026
Record ID
CA-P-011724
Document ID
CA-D-00753
Evidence Provenance
Source URL
Wayback Machine
Content hash (SHA-256)
7bc76af79d3d7702e7ce284199b0b15a9dc7dd89f62958bd0823240c00eaab06
Analysis generated
May 11, 2026 12:43 UTC
Methodology
Evidence
✓ Snapshot stored   ✓ Hash verified
Citation Record
Entity: OpenAI
Document: OpenAI Usage Policies
Record ID: CA-P-011724
Captured: 2026-05-11 12:43:28 UTC
SHA-256: 7bc76af79d3d7702…
URL: https://conductatlas.com/platform/openai/openai-usage-policies/cyberweapon-and-malicious-code-prohibition/
Accessed: May 13, 2026
Permanent archival reference. Stable identifier suitable for legal filings, compliance documentation, and research citation.
Classification
Severity
High
Categories

Other risks in this policy

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Frequently Asked Questions

What does OpenAI's Cyberweapon and Malicious Code Prohibition clause do?

This provision applies to all users and operators and covers generation of offensive cyber tools, though the document implicitly acknowledges a distinction between prohibited offensive tool creation and permitted defensive security research — a distinction that may not always be clear in practice.

How does this clause affect you?

Users conducting legitimate cybersecurity research, penetration testing, or security education may operate near the boundary of this prohibition; the policy does not specify in this provision exactly how defensive or research-oriented security work is distinguished from prohibited cyberweapon creation, though other policy sections address permitted security research contexts.

Is ConductAtlas affiliated with OpenAI?

No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by OpenAI.