The bill establishes protections for workers involved in the development of foundation artificial intelligence models (foundation models). Here are the key provisions:
1. Whistleblower Protections:
A developer of a foundation model is prohibited from:
Preventing a worker from disclosing information to authorities (developer, attorney general, or appropriate state or federal authorities).
Retaliating against a worker for disclosing or threatening to disclose information regarding certain issues related to public safety or security.
2. Reasons for Disclosure:
A worker may disclose information if they have reasonable cause to believe the information indicates that:
The developer is out of compliance with public safety or security laws.
The developer’s activities pose a substantial risk to public safety or security, even if the developer is not legally out of compliance.
The developer has made false or misleading statements regarding public safety or security, or the management of related risks.
3. Worker Notification:
The developer must provide notice to all workers working on a foundation model about their rights and responsibilities under the bill.
4. Internal Reporting Process:
Developers must create an internal process for workers to anonymously disclose risks to public safety or security enabled by the foundation model.
Developers are required to provide monthly updates to the worker who made the disclosure regarding:
The status of the investigation.
Actions taken in response to the disclosure.
5. Civil Action for Retaliation:
If a developer retaliates or violates the provisions of the bill, an aggrieved worker can file a civil action in district court.
If the court finds in favor of the worker, the court can order:
Reinstatement or rehiring of the worker, with or without back pay.
A payment of $10,000 or the lost pay resulting from the violation (whichever is greater).
Punitive damages.
Reasonable attorney fees to the worker.
The bill aims to protect workers involved in AI development by ensuring they can report potential risks to public safety or security without fear of retaliation. Developers must establish clear processes for whistleblowing and ensure workers are informed of their rights. If retaliation occurs, the worker has the right to pursue legal action and seek compensation and reinstatement.
Summary
The bill prohibits a developer that has trained a foundation
artificial intelligence model (foundation model) from preventing a worker from, or retaliating against a worker for, disclosing or threatening to disclose information to the developer, the attorney general, or appropriate state or federal authorities if the worker has reasonable cause to believe the information indicates one of the following: •
The developer is out of compliance with law applicable to public safety or security;
•
The developer's activities pose a substantial risk to public safety or security, even if the developer is not out of compliance with any law; or
•
The developer has made false or misleading statements concerning public safety or security or concerning the developer's management of risks to public safety or security.
A developer must provide notice to all workers working on a
foundation model of the workers' rights and responsibilities under the bill.
The bill requires a developer to create and provide an internal
process through which a worker may anonymously disclose information to the developer regarding a risk to public safety or security enabled by the developer's foundation model. The developer shall provide a monthly update to the worker who made the disclosure regarding the status of the developer's investigation of the disclosure and the actions taken by the developer in response to the disclosure.
An aggrieved worker may commence a civil action in district court
against a developer for a violation of the bill. A court may order relief against a developer that is found to have violated the bill, including:
•
Reinstatement or rehiring of a worker, with or without back pay;
•
The greater of either $10,000 or any lost pay resulting from the violation;
•
Punitive damages; and
•
Reasonable attorney fees to an aggrieved worker.
