By the Constantine Cannon Whistleblower Team

There appear to be no limits to what the wonders of artificial intelligence (AI) may bring.  We are already seeing significant advances in medicine, science, technology, and communications prompted by the power of AI.  But there is also a serious downside to this revolutionary tool, and unfortunately we are beginning to see that too.  In the wrong hands or used for the wrong purpose, AI can lead to potentially devastating consequences.

Which is why it is so important that there are proper controls in place to ensure AI is used carefully, wisely, and in a manner that minimizes the risk of adverse consequences.  A key way to accomplish this is by enabling and emboldening whistleblowers in the AI space to say something when they see something that gives them pause.  Given the complexity of AI and the pace at which it is evolving, those who work directly with the technology and the companies that employ it are best situated to raise the alarm when they see AI-prompted trouble heading our way.

THE PROPOSED LEGISLATION OFFERS SIGNIFICANT WHISTLEBLOWER PROTECTIONS

Thanks to perennial whistleblower champion Chuck Grassley (R-Iowa), and a bi-partisan coalition of lawmakers, this kind of help may be on the way.  Last week (May 15), Grassley and his group introduced legislation to protect (and hopefully encourage) AI whistleblowers.  Entitled the AI Whistleblower Protection Act,1 the legislation would “shield the communications of current and former AI employees who make disclosures,” and “provide relief for AI whistleblowers who suffer retaliation.”

Here are some of the Bill’s key provisions:

It covers disclosures relating to (i) the development, deployment, or use of AI that may pose a risk to public safety, public health, or national security, and (ii) any security failures that could potentially allow the theft of emerging AI technology by a foreign country or illicit actor.

It prohibits companies from taking or threatening any adverse employment action against current or former employees or contractors for reporting suspected AI concerns internally or to the Government, or assisting in any Government investigation or proceeding.

It allows aggrieved individuals to file a complaint with the Secretary of Labor and potentially in federal court.

Successful whistleblowers may be entitled to reinstatement, double back pay, compensatory damages (including litigations costs and attorneys’ fees), and other appropriate relief.

It prevents companies from securing a waiver of these rights and protections through any kind of employment agreement, severance agreement, or arbitration requirement.

THE CRITICAL ROLE OF AI WHISTLEBLOWERS

In announcing the proposed legislation, Senator Grassley highlighted the critical role of AI whistleblowers and the need to ensure they have a safe channel to report their concerns:

“Transparency brings accountability.  Today, too many people working in AI feel they’re unable to speak up when they see something wrong.  Whistleblowers are one of the best ways to ensure Congress keeps pace as the AI industry rapidly develops.  We need to act to make these protections crystal clear.  I’m proud to introduce this legislation to increase accountability and protect AI whistleblowers.”

Grassley’s co-sponsors — Senators Chris Coons (D-Del.), Marsha Blackburn (R-Tenn.), Amy Klobuchar (D-Minn.), Josh Hawley (R-Mo.) and Brian Schatz (D-Hawaii) — were equally clear on the critical need for strong AI whistleblower protections.  Senator Coons called the legislation “a critical tool among others that Congress must enact to ensure that we can get the best out of AI while also learning when it poses a substantial danger to public safety.”

According to Representative Jay Obernolte (R-Calif.), who along with Ted Lieu (D-Calif.) is introducing companion legislation in the House, “protecting whistleblowers who report AI security vulnerabilities isn’t just about workplace fairness — it’s a matter of national security.”

CONSTANTINE CANNON HAS SUBSTANTIAL EXPERIENCE REPRESENTING WHISTLEBLOWERS

Constantine Cannon whistleblower partner Gordon Schnell notes the bill does not offer whistleblower rewards, which has been central to the success of the Government’s numerous whistleblower programs.  However, he lauded the bill as an important step in helping the Government stay apprised of developments in this technology: “As we get deeper into the development of AI, the role of whistleblowers has become ever more vital to help ensure this emerging technology does not in any way jeopardize our safety and wellbeing.”

Constantine Cannon has substantial experience representing whistleblowers under the many whistleblower rewards programs, including the False Claims Act and SEC Whistleblower Program.  If you would like to learn more about any of these programs or what it means to be an AI whistleblower, please do not hesitate to contact us.  We will connect you with an experienced member of the Constantine Cannon whistleblower team for a free and confidential consultation.

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Sources

1 See https://www.grassley.senate.gov/news/news-releases/grassley-introduces-ai-whistleblower-protection-act; https://www.grassley.senate.gov/download/ai-whistleblower-protection-act.

Read Bi-Partisan Group Led by Chuck Grassley Introduces AI Whistleblower Protection Act at constantinecannon.com