We were especially alarmed to notice that the list contains at least 12 former employees currently working on AI policy, and 6 working on safety evaluations. This includes some in leadership positions, for example:
I don’t really follow this reasoning. If anything, playing a leadership role in AI policy or safety evaluations will usually give you an additional reason not to publicly disparage AI companies, to avoid being seen as partisan, making being subject to such an agreement less of an issue. I would be pretty surprised if such people subject to these agreements felt particularly constrained in what they could say as part of their official duties, although if I am wrong about this then it does seem like quite a concerning thing to have happened. The obvious exception to this is if the role involves unofficial public commentary about labs, but it’s not obvious to me that this has been a big part of the role of any of the people on your list, and even then, they may not have felt especially constrained, depending on the individual. It’s also worth noting that several of these roles require the holder to give up or donate lab equity to avoid any conflict of interest, regardless of any non-disparagement agreements.
I suspect the crux may be our differing interpretations of the agreement. I’m not sure where your interpretation that it prohibits “taking any actions which might make the company less valuable” comes from, maybe you could highlight the part of the agreement you are basing that on.
Yeah I agree with this, and my original comment comes across too strongly upon re-reading. I wanted to point out some counter-considerations, but the comment ended up unbalanced. My overall view is:
It was highly inappropriate for the company to have been issuing these agreements so widely, especially using such aggressive tactics and without allowing disclosure of the agreement, given the technology that it is developing.
The more high-profile and credible a person is, the more damaging it is for this person to have been subject to the agreement.
Nevertheless, it is a mistake to think of potential “disparagement” as part of the job duties of most of the people mentioned, and the post appears to wildly misinterpret the meaning of this term as “taking any actions which might make the company less valuable”.
Ultimately, it would have looked extremely bad for the company to enforce one of these agreements, so the primary effect of the contract comes down to how individuals felt that it constrained their behavior. We don’t have great visibility into this. It’s possible that some of these people felt quite constrained, and it’s also possible that some of these people weren’t even aware of the non-disparagement clause because they didn’t notice it when they signed.
Thankfully, most of this is now moot as the company has retracted the contract. I should emphasize that there may remain some legal ambiguity and additional avenues for retaliation, but I am optimistic that these will be cleaned up in the near future. There will still be non-disparagement agreements in place in cases where “the non-disparagement provision was mutual” (in the words of the company), but my strong guess is that this refers only to the original Anthropic departures and perhaps a handful of other individuals who were high up at the company.
It remains important for people to disclose their financial interest in the company when appropriate, or in some cases give up this interest to avoid a conflict of interest.
Note: I have a financial interest in the company and was subject to one of these agreements until recently.