I haven’t addressed it publicly. Here’s a timeline and some root cause analysis:
When I left OpenAI I negotiated to make sure I could use everything I had learned about safety in my future work. This was a supplement to the normal severance agreement. I had a lawyer review the negotiated supplement but neglected to have them review the main agreement, which I think is the most important root cause. It’s also just a kind of extreme mistake and I’m not sure how I made it.
I did review the standard severance agreement myself, and looked for anything that would be problematic. It contained a prohibition on making “disparaging, derogatory, defamatory, libelous, or scandalous statements,” which I failed to flag as problematic. I think that was a mistake.
I vaguely remember or can reconstruct some of my reasoning here though it was a long time ago. For the purpose of understanding how I made the mistake, here are some things that I think were going on:
I compared the agreement to another severance agreement (from Google) which had similar terms. I mistakenly thought that signing severance agreements was much more common than it actually is. This is related to OpenAI being my first job out of my PhD.
Because it was an agreement about leaving the company I was thinking about this clause in the context of making negative statements about the circumstances of my departure. I was leaving on good terms and didn’t have any desire to make negative statements about my departure.
The only non-disparagement agreement I’d been asked to sign before this (in a non-OpenAI context) was more stringent: it prohibited any statement that was “reasonably likely” to degrade the counterparty’s reputation. I refused to sign that agreement, and that’s what I had in mind as a prototypical “non-disparagement agreement.” (Incidentally I also didn’t consult a lawyer in that case, suggesting that younger-Paul had a pattern of very bad legal judgment.)
If the line had just said “disparaging” instead of “disparaging, derogatory, defamatory, libelous, or scandalous” statements, I probably would have flagged it. Having many other extreme items in the list makes it seem like “disparaging” also means something extreme.
In normal language “disparaging or derogatory” would often imply a statement was actively insulting and not merely negative. That would still be bad to sign but much less bad. I very rarely disparage anyone in this narrower sense.
The offending text is two words in the middle of paragraph 14, which turn out to be more important than the whole rest of the document. That makes it easier to spend correspondingly less time double checking an initial impression. (Just another good reason to have a lawyer.)
I was leaving on good terms with OpenAI and didn’t expect OpenAI to play hardball on this agreement (except for confidentiality issues). I felt like escalating any of this stuff would look really bad for them and I was pretty happy to defend myself rather than cave (partly because I had plenty of resources). I think this isn’t a good reason to sign a bad agreement but it’s relevant to understanding why I wasn’t more stressed about the situation.
After signing the agreement I did not think of myself as having any ongoing restrictions on what I said about OpenAI, and I forgot about this clause altogether pretty quickly (for basically the same reasons that I didn’t initially flag it as problematic).
When I later heard complaints about non-disparagement agreements I did not connect them to what I had signed. Around the time the Vox article came out I checked over my agreements and realized that I had in fact signed the same thing. This was shortly after I had started at AISI. Over the next week:
I raised this issue with a supervisor (with a JD) who was dismissive of the possibility that this would interfere with my responsibilities in any way in practice.
I wrote up a document and shared it privately with some rationalists.
I discussed publication with AISI and was lightly discouraged from publishing. In general I wrote very little on any topic at the start of my time in government because I was encouraged to be pretty conservative as a high-profile civil servant.
If I had thought the issue was important I would have published it anyway, but I didn’t think it was a priority. I felt pretty confident it hadn’t changed any of my speech since I had quickly forgotten about it. A week later the agreement was voided, and then I dropped it altogether.
Overall I consider this a failure of prudence (especially the failure to consult a lawyer) rather than integrity.
I did not have any OpenAI equity at the time I joined NIST and do not have any now. I signed the standard agreement you referenced, though I don’t agree with that post’s legal or practical analysis.