Whistleblowers accuse OpenAI of ‘illegally restrictive’ NDAs | TechCrunch

🌈 Abstract

The article discusses allegations made by whistleblowers against OpenAI, accusing the company of placing illegal restrictions on how employees can communicate with government regulators. The whistleblowers have filed a formal complaint with the SEC, alleging that OpenAI's severance, non-disparagement, and non-disclosure agreements prohibited and discouraged employees and investors from communicating with the SEC about securities violations.

🙋 Q&A

[01] Whistleblower Allegations

1. What are the key allegations made by the whistleblowers against OpenAI?

• The whistleblowers allege that OpenAI's agreements prohibited and discouraged both employees and investors from communicating with the SEC concerning securities violations.
• The agreements also forced employees to waive their rights to whistleblower incentives and compensation, and required employees to notify the company of communication with government regulators.
• The whistleblowers claim that OpenAI's prior NDAs violated the law by requiring employees to sign illegally restrictive contracts to obtain employment, severance payments, and other financial consideration.

2. What evidence has been provided to the SEC? The letter states that the SEC has been provided with evidence that "OpenAI's prior NDAs violated the law by requiring its employees to sign illegally restrictive contracts."

3. How has OpenAI responded to the allegations? OpenAI did not immediately respond to TechCrunch's request for comment. However, a company spokesperson told The Washington Post that OpenAI's whistleblower policy "protects employees' rights to make protected disclosures."

[02] Congressional Response

1. How has Congress responded to the allegations?

• Senator Chuck Grassley (R-Iowa) confirmed that his office obtained a copy of the letter sent to the SEC.
• Grassley stated that "Monitoring and mitigating the threats posed by AI is a part of Congress's constitutional responsibility to protect our national security, and whistleblowers will be essential to that task."
• Grassley added that if the federal government is going to stay "one step ahead of artificial intelligence, OpenAI's nondisclosure agreements must change."

2. What is Grassley's view on the impact of OpenAI's policies? Grassley said that OpenAI's policies and practices "appear to cast a chilling effect on whistleblowers' right to speak up and receive due compensation for their protected disclosures."