Bipartisan AI Whistleblower Bill Introduced in Congress

On May 15, Senator Chuck Grassley (R-IA) introduced the AI Whistleblower Protection Act, a bill providing whistleblower protections to insiders in the Artificial Intelligence (AI) industry reporting potential safety issues. The bill fills an urgent need for whistleblower protections tailored for AI insiders.

“Rushing to place unsafe technology into the markets in order to beat competition and generate profits at the expense of national security is unacceptable,” says Stephen M. Kohn, founding partner of Kohn, Kohn & Colapinto. “The risks posed by the improper use of artificial intelligence demand that Congress immediately act and pass this urgently needed law.

“It is beyond dispute that insiders like the brave whistleblowers who published the right to warn letter are the heart and soul of accountability,” adds Kohn, who has represented OpenAI whistleblowers.

Last June, thirteen AI whistleblowers issued a letter titled “A Right to Warn about Advanced Artificial Intelligence,” highlighting rampant concerns around internal safety and security protocols around the development of AI. Following the letter, Kohn represented anonymous OpenAI whistleblowers in filing a disclosure with the SEC alleging that OpenAI was muzzling would-be whistleblowers through restrictive non-disclosure agreements.

Under the bill, AI companies would be prohibited from retaliating against any employee or former employee who reports violations of federal law or “any failure to appropriately respond to a substantial and specific danger that the development, deployment, or use of artificial intelligence may pose to public safety, public health, or national security.”

AI whistleblowers who face retaliation would be able to file complaints with the Department of Labor and seek relief in federal court, including reinstatement, double back pay and compensatory damages. The bill also clarifies that these AI whistleblower rights cannot be waived in any employment agreement or mandatory arbitration.

Co-sponsors of the bill include Senators Chris Coons (D-Del.), Marsha Blackburn (R-Tenn.), Amy Klobuchar (D-Minn.), Josh Hawley (R-Mo.) and Brian Schatz (D-Hawai‘i).

“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,” said Senator Grassley.

Kohn is the Chairman of the Board of Directors for National Whistleblower Center, which has issued a letter in support of the bill.