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OpenAI's Whistleblower Asks SEC to Investigate Restrictive Confidentiality Agreement

2024-07-15

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Zhitong Finance APP learned that according to foreign media reports, an internal whistleblower at OpenAI has filed a complaint with the U.S. Securities and Exchange Commission (SEC), requesting an investigation into the restrictive confidentiality agreements of the leader in the field of artificial intelligence. The whistleblower letter stated that OpenAI allegedly asked employees to sign an agreement to waive their federal rights to whistleblower compensation.

“Given the potential risks posed by irresponsible deployment of AI, we urge the Commissioners to immediately authorize an investigation into OpenAI’s prior nondisclosure agreements and to review the company’s ongoing efforts to ensure full compliance with SEC regulations,” reads the letter, provided to CNN by Sen. Chuck Grassley’s office.

The whistleblower is asking the SEC to impose whatever fines the agency deems appropriate for each improper agreement entered into by OpenAI.

An SEC spokesperson said in an emailed statement that the agency does not comment on whether there is a possible whistleblower complaint. OpenAI did not immediately respond to a request for comment on the letter.

Grassley's office said the letter was provided by a whistleblower and that "as AI is rapidly and dramatically changing the technology landscape as we know it, OpenAI's policies and practices appear to have a chilling effect on the rights of whistleblowers to be heard and to receive adequate compensation for protected disclosures."

The whistleblower claims that OpenAI issued overly restrictive employment, severance and nondisclosure agreements to employees, which could result in penalties for employees who raise concerns about OpenAI to federal authorities.

The letter also said that OpenAI requires employees to obtain prior consent if they want to disclose information to federal regulators, adding that OpenAI does not have an exemption in its employee confidentiality terms for disclosing securities violations to the SEC.

The letter also asks the SEC to require OpenAI to produce all contracts containing confidentiality agreements, including employment agreements, separation agreements, and investor agreements, for review.

As AI models become more powerful, OpenAI's chatbots have generative AI capabilities, such as engaging in human-like conversations and creating images based on text prompts, which have raised concerns about safety.

In May, OpenAI formed a safety committee, which will be led by board members including CEO Sam Altman, as it began training its next AI model.