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Schneier

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AI and the SEC Whistleblower Program

  • The U.S. SEC runs a whistleblower program that has paid out over $2 billion
  • The program has attracted private for-profit whistleblower firms at the expense of staff at the SEC
  • The SEC has paid as much as $279 million to an individual whistleblower – almost one-third of the funding of the agency’s entire enforcement division
  • Whistleblower complaints can be used as weapons of corporate warfare, e.g. by rival companies and ransomware groups who threaten to tell the SEC
  • The use of AI will increase the number of whistleblowers reporting potential violations, which will decrease the program's efficiency
  • AI could lower the cost of whistleblowing firms and increase reliance on a few seasoned, trusted firms
  • Firms could use AI to help cover up their own violations by deluging the SEC with legitimate, if minor, tips about potential wrongdoing throughout the industry
  • Submitting whistleblower complaints to the SEC will continue to be a viable business model for as long as it remains profitable
  • AI is not the solution to the problems created by the runaway growth, but it should give policymakers pause to reconsider the balance of public and private ownership of regulatory enforcement
  • The real challenge is to reduce incentives of Tax farming and Whistleblower firms by exploring ways to increase direct government staffing and investment in regulatory enforcement

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