OpenAI CEO Sam Altman speaks during the Microsoft Build conference at Microsoft headquarters in Redmond, Washington, on May 21, 2024.
Jason Redmond | AFP | Getty Images
A group of current and former OpenAI employees published an open letter Tuesday describing concerns about the artificial intelligence industry’s rapid advancement despite a lack of oversight and an absence of whistleblower protections for those who wish to speak up.
“AI companies have strong financial incentives to avoid effective oversight, and we do not believe bespoke structures of corporate governance are sufficient to change this,” the employees wrote in the open letter.
OpenAI, Google, Microsoft, Meta and other companies are at the helm of a generative AI arms race — a market that is predicted to top $1 trillion in revenue within a decade — as companies in seemingly every industry rush to add AI-powered chatbots and agents to avoid being left behind by competitors.
The current and former employees wrote AI companies have “substantial non-public information” about what their technology can do, the extent of the safety measures they’ve put in place and the risk levels that technology has for different types of harm.
“We also understand the serious risks posed by these technologies,” they wrote, adding that the companies “currently have only weak obligations to share some of this information with governments, and none with civil society. We do not think they can all be relied upon to share it voluntarily.”
The letter also details the current and former employees’ concerns about insufficient whistleblower protections for the AI industry, stating that without effective government oversight, employees are in a relatively unique position to hold companies accountable.
“Broad confidentiality agreements block us from voicing our concerns, except to the very companies that may be failing to address these issues,” the signatories wrote. “Ordinary whistleblower protections are insufficient because they focus on illegal activity, whereas many of the risks we are concerned about are not yet regulated.”
The letter asks AI companies to commit to not entering or enforcing non-disparagement agreements; to create anonymous processes for current and former employees to voice concerns to a company’s board, regulators and others; to support a culture of open criticism; and to not retaliate against public whistleblowing if internal reporting processes fail.
Four anonymous OpenAI employees and seven former ones, including Daniel Kokotajlo, Jacob Hilton, William Saunders, Carroll Wainwright and Daniel Ziegler, signed the letter. Signatories also included Ramana Kumar, who formerly worked at Google DeepMind, and Neel Nanda, who currently works at Google DeepMind and formerly worked at Anthropic. Three famed computer scientists known for advancing the artificial intelligence field also endorsed the letter: Geoffrey Hinton, Yoshua Bengio and Stuart Russell.
“We agree that rigorous debate is crucial given the significance of this technology and we’ll continue to engage with governments, civil society and other communities around the world,” an OpenAI spokesperson told CNBC, adding that the company has an anonymous integrity hotline, as well as a Safety and Security Committee led by members of the board and OpenAI leaders.
Microsoft declined to comment.
Mounting controversy for OpenAI
Last month, OpenAI backtracked on a controversial decision to make former employees choose between signing a non-disparagement agreement that would never expire, or keeping their vested equity in the company. The internal memo, viewed by CNBC, was sent to former employees and shared with current ones.
The memo, addressed to each former employee, said that at the time of the person’s departure from OpenAI, “you may have been informed that you were required to execute a general release agreement that included a non-disparagement provision in order to retain the Vested Units [of equity].”
“We’re incredibly sorry that we’re only changing this language now; it doesn’t reflect our values or the company we want to be,” an OpenAI spokesperson told CNBC at the time.
Tuesday’s open letter also follows OpenAI’s decision last month to disband its team focused on the long-term risks of AI just one year after the Microsoft-backed startup announced the group, a person familiar with the situation confirmed to CNBC at the time.
The person, who spoke on condition of anonymity, said some of the team members are being reassigned to multiple other teams within the company.
The team’s disbandment followed team leaders, OpenAI co-founder Ilya Sutskever and Jan Leike, announcing their departures from the startup last month. Leike wrote in a post on X that OpenAI’s “safety culture and processes have taken a backseat to shiny products.”
Ilya Sutskever, Russian Israeli-Canadian computer scientist and co-founder and Chief Scientist of OpenAI, speaks at Tel Aviv University in Tel Aviv on June 5, 2023.
Jack Guez | AFP | Getty Images
CEO Sam Altman said on X he was sad to see Leike leave and that the company had more work to do. Soon after, OpenAI co-founder Greg Brockman posted a statement attributed to himself and Altman on X, asserting that the company has “raised awareness of the risks and opportunities of AGI so that the world can better prepare for it.”
“I joined because I thought OpenAI would be the best place in the world to do this research,” Leike wrote on X. “However, I have been disagreeing with OpenAI leadership about the company’s core priorities for quite some time, until we finally reached a breaking point.”
Leike wrote he believes much more of the company’s bandwidth should be focused on security, monitoring, preparedness, safety and societal impact.
“These problems are quite hard to get right, and I am concerned we aren’t on a trajectory to get there,” he wrote. “Over the past few months my team has been sailing against the wind. Sometimes we were struggling for [computing resources] and it was getting harder and harder to get this crucial research done.”
Leike added that OpenAI must become a “safety-first AGI company.”
“Building smarter-than-human machines is an inherently dangerous endeavor,” he wrote. “OpenAI is shouldering an enormous responsibility on behalf of all of humanity. But over the past years, safety culture and processes have taken a backseat to shiny products.”
The high-profile departures come months after OpenAI went through a leadership crisis involving Altman.
In November, OpenAI’s board ousted Altman, saying in a statement that Altman had not been “consistently candid in his communications with the board.”
The issue seemed to grow more complex each day, with The Wall Street Journal and other media outlets reporting that Sutskever trained his focus on ensuring that artificial intelligence would not harm humans, while others, including Altman, were instead more eager to push ahead with delivering new technology.
Altman’s ouster prompted resignations or threats of resignations, including an open letter signed by virtually all of OpenAI’s employees, and uproar from investors, including Microsoft. Within a week, Altman was back at the company, and board members Helen Toner, Tasha McCauley and Ilya Sutskever, who had voted to oust Altman, were out. Sutskever stayed on staff at the time but no longer in his capacity as a board member. Adam D’Angelo, who had also voted to oust Altman, remained on the board.
American actress Scarlett Johansson at Cannes Film Festival 2023. Photocall of the film Asteroid City. Cannes (France), May 24th, 2023
Meanwhile, last month, OpenAI launched a new AI model and desktop version of ChatGPT, along with an updated user interface and audio capabilities, the company’s latest effort to expand the use of its popular chatbot. One week after OpenAI debuted the range of audio voices, the company announced it would pull one of the viral chatbot’s voices named “Sky.”
“Sky” created controversy for resembling the voice of actress Scarlett Johansson in “Her,” a movie about artificial intelligence. The Hollywood star has alleged that OpenAI ripped off her voice even though she declined to let them use it.
The Space Exploration develops a product called Nyx, a reusable capsule that can be launched from rockets into space carrying passengers and cargo.
The Exploration Company (TEC) announced Monday it has raised $160 million to fuel development of its capsule that is designed to take astronauts and cargo to space stations.
Venture capital firms Balderton Capital and Plural were the lead investors in the round which also included French government-backed investment vehicle French Tech Souveraineté and German government-backed fund DeepTech & Climate Fonds.
TEC’s core product is Nyx, a capsule that can be launched from rockets into space carrying passengers and cargo. Nyx is reusable so once it has dropped its payload, it can re-enter the Earth’s atmosphere and be used for the next mission.
“It’s a big market, and it’s growing about a bit more than 10% per year because more nations want to fly their astronauts and more nations want to go to the moon,” Hélène Huby, founder and CEO of TEC, told CNBC in an interview.
“So there is an increased demand for sending people to stations, sending cargo to stations,” she said.
This part of the market has very few players. Some of the biggest are SpaceX which has a capsule called Dragon. There are also rivals from China and Russia.
“We said, ‘okay, let’s build this capacity in Europe so that Europe can have its own capsule and also the world needs an alternative solution. [We] cannot only bet on SpaceX,” Huby said.
TEC is currently developing the second version of Nyx which it expects to launch next year, followed by a final version in 2028. This model will be partly financed by the European Space Agency.
Huby said the company has signed $800 million in contracts to use its capsule. These include mission contracts with companies including Starlab, which is designing a new space station, and Axiom Space.
There is increasing activity in space among nations including China, the U.S. and India. One of the most ambitious projects is the NASA-led Gateway, which will be the first space station to orbit the moon.
“If you have more people, you also have a need for more cargo. So this is what is happening around the Earth and around the moon,” Huby said.
Huby sees TEC being a key player when it comes to developing the technology that is needed to return cargo to Earth once it has been in space.
“This is also where we where we believe our vehicle is going to play an important role,” Huby said.
Alex Karp, CEO of Palantir Technologies speaks during the Digital X event on September 07, 2021 in Cologne, Germany.
Andreas Rentz | Getty Images
Palantir shares continued their torrid run on Friday, soaring as much as 9% to a record, after the developer of software for the military announced plans to transfer its listing to the Nasdaq from the New York Stock Exchange.
The stock jumped past $64.50 in afternoon trading, lifting the company’s market cap to $147 billion. The shares are now up more than 50% since Palantir’s better-than-expected earnings report last week and have almost quadrupled in value this year.
Palantir said late Thursday that it expects to begin trading on the Nasdaq on Nov. 26, under its existing ticker symbol “PLTR.” While changing listing sites does nothing to alter a company’s fundamentals, board member Alexander Moore, a partner at venture firm 8VC, suggested in a post on X that the move could be a win for retail investors because “it will force” billions of dollars in purchases by exchange-traded funds.
“Everything we do is to reward and support our retail diamondhands following,” Moore wrote, referring to a term popularized in the crypto community for long-term believers.
Moore appears to have subsequently deleted his X account. His firm, 8VC, didn’t immediately respond to a request for comment.
Last Monday after market close, Palantir reported third-quarter earnings and revenue that topped estimates and issued a fourth-quarter forecast that was also ahead of Wall Street’s expectations. CEO Alex Karp wrote in the earnings release that the company “absolutely eviscerated this quarter,” driven by demand for artificial intelligence technologies.
U.S. government revenue increased 40% from a year earlier to $320 million, while U.S. commercial revenue rose 54% to $179 million. On the earnings call, the company highlighted a five-year contract to expand its Maven technology across the U.S. military. Palantir established Maven in 2017 to provide AI tools to the Department of Defense.
The post-earnings rally coincides with the period following last week’s presidential election. Palantir is seen as a potential beneficiary given the company’s ties to the Trump camp. Co-founder and Chairman Peter Thiel was a major booster of Donald Trump’s first victorious campaign, though he had a public falling out with Trump in the ensuing years.
When asked in June about his position on the 2024 election, Thiel said, “If you hold a gun to my head I’ll vote for Trump.”
Thiel’s Palantir holdings have increased in value by about $3.2 billion since the earnings report and $2 billion since the election.
In September, S&P Global announced Palantir would join the S&P 500 stock index.
Analysts at Argus Research say the rally has pushed the stock too high given the current financials and growth projections. The analysts still have a long-term buy rating on the stock and said in a report last week that the company had a “stellar” quarter, but they downgraded their 12-month recommendation to a hold.
The stock “may be getting ahead of what the company fundamentals can support,” the analysts wrote.
Charles Liang, chief executive officer of Super Micro Computer Inc., during the Computex conference in Taipei, Taiwan, on Wednesday, June 5, 2024. The trade show runs through June 7.
Annabelle Chih | Bloomberg | Getty Images
Super Micro Computer could be headed down a path to getting kicked off the Nasdaq as soon as Monday.
That’s the potential fate for the server company if it fails to file a viable plan for becoming compliant with Nasdaq regulations. Super Micro is late in filing its 2024 year-end report with the SEC, and has yet to replace its accounting firm. Many investors were expecting clarity from Super Micro when the company reported preliminary quarterly results last week. But they didn’t get it.
The primary component of that plan is how and when Super Micro will file its 2024 year-end report with the Securities and Exchange Commission, and why it was late. That report is something many expected would be filed alongside the company’s June fourth-quarter earnings but was not.
The Nasdaq delisting process represents a crossroads for Super Micro, which has been one of the primary beneficiaries of the artificial intelligence boom due to its longstanding relationship with Nvidia and surging demand for the chipmaker’s graphics processing units.
The one-time AI darling is reeling after a stretch of bad news. After Super Micro failed to file its annual report over the summer, activist short seller Hindenburg Research targeted the company in August, alleging accounting fraud and export control issues. The company’s auditor, Ernst & Young, stepped down in October, and Super Micro said last week that it was still trying to find a new one.
The stock is getting hammered. After the shares soared more than 14-fold from the end of 2022 to their peak in March of this year, they’ve since plummeted by 85%. Super Micro’s stock is now equal to where it was trading in May 2022, after falling another 11% on Thursday.
Getting delisted from the Nasdaq could be next if Super Micro doesn’t file a compliance plan by the Monday deadline or if the exchange rejects the company’s submission. Super Micro could also get an extension from the Nasdaq, giving it months to come into compliance. The company said Thursday that it would provide a plan to the Nasdaq in time.
A spokesperson told CNBC the company “intends to take all necessary steps to achieve compliance with the Nasdaq continued listing requirements as soon as possible.”
While the delisting issue mainly affects the stock, it could also hurt Super Micro’s reputation and standing with its customers, who may prefer to simply avoid the drama and buy AI servers from rivals such as Dell or HPE.
“Given that Super Micro’s accounting concerns have become more acute since Super Micro’s quarter ended, its weakness could ultimately benefit Dell more in the coming quarter,” Bernstein analyst Toni Sacconaghi wrote in a note this week.
A representative for the Nasdaq said the exchange doesn’t comment on the delisting process for individual companies, but the rules suggest the process could take about a year before a final decision.
A plan of compliance
The Nasdaq warned Super Micro on Sept. 17 that it was at risk of being delisted. That gave the company 60 days to submit a plan of compliance to the exchange, and because the deadline falls on a Sunday, the effective date for the submission is Monday.
If Super Micro’s plan is acceptable to Nasdaq staff, the company is eligible for an extension of up to 180 days to file its year-end report. The Nasdaq wants to see if Super Micro’s board of directors has investigated the company’s accounting problem, what the exact reason for the late filing was and a timeline of actions taken by the board.
The Nasdaq says it looks at several factors when evaluating a plan of compliance, including the reasons for the late filing, upcoming corporate events, the overall financial status of the company and the likelihood of a company filing an audited report within 180 days. The review can also look at information provided by outside auditors, the SEC or other regulators.
Last week, Super Micro said it was doing everything it could to remain listed on the Nasdaq, and said a special committee of its board had investigated and found no wrongdoing. Super Micro CEO Charles Liang said the company would receive the board committee’s report as soon as last week. A company spokesperson didn’t respond when asked by CNBC if that report had been received.
If the Nasdaq rejects Super Micro’s compliance plan, the company can request a hearing from the exchange’s Hearings Panel to review the decision. Super Micro won’t be immediately kicked off the exchange – the hearing panel request starts a 15-day stay for delisting, and the panel can decide to extend the deadline for up to 180 days.
If the panel rejects that request or if Super Micro gets an extension and fails to file the updated financials, the company can still appeal the decision to another Nasdaq body called the Listing Council, which can grant an exception.
Ultimately, the Nasdaq says the extensions have a limit: 360 days from when the company’s first late filing was due.
A poor track record
There’s one factor at play that could hurt Super Micro’s chances of an extension. The exchange considers whether the company has any history of being out of compliance with SEC regulations.
Between 2015 and 2017, Super Micro misstated financials and published key filings late, according to the SEC. It was delisted from the Nasdaq in 2017 and was relisted two years later.
Super Micro “might have a more difficult time obtaining extensions as the Nasdaq’s literature indicates it will in part ‘consider the company’s specific circumstances, including the company’s past compliance history’ when determining whether an extension is warranted,” Wedbush analyst Matt Bryson wrote in a note earlier this month. He has a neutral rating on the stock.
History also reveals just how long the delisting process can take.
Charles Liang, chief executive officer of Super Micro Computer Inc., right, and Jensen Huang, co-founder and chief executive officer of Nvidia Corp., during the Computex conference in Taipei, Taiwan, on Wednesday, June 5, 2024.
Annabelle Chih | Bloomberg | Getty Images
Super Micro missed an annual report filing deadline in June 2017, got an extension to December and finally got a hearing in May 2018, which gave it another extension to August of that year. It was only when it missed that deadline that the stock was delisted.
In the short term, the bigger worry for Super Micro is whether customers and suppliers start to bail.
Aside from the compliance problems, Super Micro is a fast-growing company making one of the most in-demand products in the technology industry. Sales more than doubled last year to nearly $15 billion, according to unaudited financial reports, and the company has ample cash on its balance sheet, analysts say. Wall Street is expecting even more growth to about $25 billion in sales in its fiscal 2025, according to FactSet.
Super Micro said last week that the filing delay has “had a bit of an impact to orders.” In its unaudited September quarter results reported last week, the company showed growth that was slower than Wall Street expected. It also provided light guidance.
The company said one reason for its weak results was that it hadn’t yet obtained enough supply of Nvidia’s next-generation chip, called Blackwell, raising questions about Super Micro’s relationship with its most important supplier.
“We don’t believe that Super Micro’s issues are a big deal for Nvidia, although it could move some sales around in the near term from one quarter to the next as customers direct orders toward Dell and others,” wrote Melius Research analyst Ben Reitzes in a note this week.
Super Micro’s head of corporate development, Michael Staiger, told investors on a call last week that “we’ve spoken to Nvidia and they’ve confirmed they’ve made no changes to allocations. We maintain a strong relationship with them.”