H.R. 3460: AI Whistleblower Protection Act

This legislation, titled the AI Whistleblower Protection Act, aims to provide protections for individuals who report misconduct or security vulnerabilities related to artificial intelligence (AI). The bill defines various terms related to AI, including what constitutes an "AI security vulnerability" and an "AI violation." Here are the key points of the bill:

Definitions

• AI Security Vulnerability: A situation where AI technology might be accessed unlawfully, such as through theft.
• AI Violation: This includes breaking federal laws related to AI or failing to address significant dangers posed by AI technologies to public safety or national security.
• Covered Individuals: This refers to employees and independent contractors who can be protected under this legislation.

Prohibition Against Retaliation

The bill prohibits employers from retaliating against covered individuals who report AI-related issues. This includes actions such as:

• Firing, demoting, or suspending the individual.
• Harassment or creating a hostile work environment.
• Threatening or blacklisting the individual.

Individuals are protected when they report:

• Information about AI vulnerabilities or violations to regulatory agencies and the Attorney General.
• Participate in investigations regarding these issues.

Enforcement

Individuals who believe they have faced retaliation can seek relief through the following means:

• Filing a complaint with the Secretary of Labor.
• If no decision is made within 180 days, they may take legal action in a district court.

Additionally, there are specific procedures laid out for how these complaints should be handled, including timelines and conditions under which individuals can seek remedies.

Potential Relief for Individuals

If individuals successfully prove their case regarding retaliation, they may receive:

• Reinstatement to their previous job status.
• Twice the amount of back pay lost due to the retaliation.
• Compensatory damages, including covering legal fees.

Non-Waivable Rights

The rights provided by this bill cannot be waived through contracts or employment terms, meaning that individuals cannot be forced into arbitration or similar processes before they can seek legal relief.

Relevant Companies

• GOOGL - Alphabet Inc.: As a major player in AI technology development and deployment, any issues related to AI security or violations could lead to increased scrutiny and whistleblower protections affecting its operational practices.
• MSFT - Microsoft Corporation: With significant investments in AI technologies, this company might face risks associated with reporting by employees on AI security vulnerabilities.
• AMZN - Amazon.com, Inc.: Given its substantial use of AI in logistics, customer service, and cloud services, Amazon may be affected by whistleblower reports on AI-related issues and could adapt its compliance measures accordingly.