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AI Workers Seek Whistleblower Cover to Expose Emerging Threats

Nov 06, 2024 - news.bloomberglaw.com
Workers at artificial intelligence companies are urging Congress to provide them with specific whistleblower protection, arguing that the rapid advancements in AI technology pose threats that they cannot legally expose under current laws. They believe that existing laws do not cover the potential dangers posed by AI, such as deepfake videos and discriminatory algorithms. Harvard law professor Lawrence Lessig, who represented OpenAI employees, called for regulation, stating that tech companies and AI startups cannot effectively police themselves.

Congress may have an opportunity to address this issue in the coming months, possibly pushing an AI package that would boost research and development and promote guidelines for the technology’s use. In September, Sen. Ed Markey introduced an AI Civil Rights bill that includes whistleblower and anti-retaliation protections. However, some tech workers who have claimed federal whistleblower protections have cited laws that wouldn’t cover some issues raised by AI’s rapid development.

Key takeaways:

  • Workers at artificial intelligence companies are seeking specific whistleblower protection from Congress, arguing that advancements in AI technology pose threats that they can't legally expose under current law.
  • Harvard law professor Lawrence Lessig, who represented OpenAI employees, argues that self-regulation by tech companies and AI startups is not sufficient and that regulation is needed.
  • Sen. Ed Markey (D-Mass.) introduced an AI Civil Rights bill (S. 5152) that includes whistleblower and anti-retaliation protections, and Sen. Chuck Grassley (R-Iowa) advocates for enhanced accountability in evolving industries like AI.
  • OpenAI has a whistleblower policy that protects employees' rights to raise issues, but the company prohibits revealing trade secrets, which is covered by confidentiality agreements.
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