Alexis Ronickher and Matthew LaGarde Explain AI Whistleblower Protections in Law360

September 13, 2023

In an article for Law360, “Despite Regulation Lag, AI Whistleblowers Have Protections,” KBK partner Alexis Ronickher and senior associate Matthew LaGarde discuss options for whistleblowers in the artificial intelligence sector.

Over the last few years, the surge in attention on the impact of artificial intelligence has sparked important discussions surrounding ethical implications, job displacement, bias in algorithms, and privacy breaches. In response to these discussions, seven leading U.S. AI companies agreed to abide by a set of AI commitments to guide progress within the field. While these commitments are meant to fill the gap in regulation as governments play catch up with the rapid progress of AI, companies are still responsible for self-policing to ensure that they’re abiding by their own rules. But given the absence of proactive governmental oversight, the role of whistleblowers in the AI sector is especially critical.

Despite the lack of legislation specifically designed to protect AI whistleblowers, there is still a patchwork of state and federal laws that can apply to their situations. For example, employees at publicly traded companies who report or oppose failures to meet the AI commitments may be covered by the federal Sarbanes-Oxley Act. On the other hand, employees at private companies may find protections under state wrongful discharge laws.

Read the full article here.

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