OpenAI Whistleblowers Urge SEC Investigation into Non-Disclosure Agreements

In a significant move, whistleblowers from OpenAI have approached the Securities and Exchange Commission (SEC) to investigate the company’s non-disclosure agreements (NDAs) with employees. These whistleblowers allege that the agreements illegally restrict employees from speaking out about the potential risks associated with OpenAI's artificial intelligence technology, including the widely known ChatGPT.

OpenAI said in a statement that its policies protect employees' rights to make protected disclosures.

Whistleblowers' Complaint

A formal letter addressed to SEC Chair Gary Gensler, representing one or more anonymous whistleblowers, was shared by US Senator Chuck Grassley's office with The Associated Press. The letter urges the SEC to enforce rules against NDAs that discourage employees or investors from raising concerns with regulators. It emphasizes the importance of protecting whistleblowers' rights to speak up without fear of retribution.

"The policies and practices of OpenAI seem to create a chilling effect on whistleblowers' rights to speak up and receive due compensation for their protected disclosures," said Senator Grassley, a Republican from Iowa. He stressed the need for the federal government to stay ahead of developments in artificial intelligence and called for changes to OpenAI’s NDA policies.

OpenAI's Response

In response to the allegations, OpenAI stated that its policies are designed to protect employees' rights to make protected disclosures. The company highlighted that it has already made changes to its NDAs to remove “nondisparagement terms” that could potentially punish departing employees for criticizing the company post-employment.

SEC’s Position

As of now, the SEC has not responded to requests for comments and typically does not disclose whether it is opening an investigation.

Broader Implications

This situation highlights the ongoing tension between tech companies and regulatory bodies regarding transparency and employee rights. The outcome of this investigation could have significant implications for how tech companies handle internal disclosures and the rights of their employees to speak out about potential risks.