Worker AI Surveillance Protection

Overview

When I learned that Amazon banned their drivers from signing in their cars while performing deliveries I knew we the people were in existential danger from businesses using AI monitoring tools to turn the screws to dehumanize humans into robots.

The rapid deployment of artificial intelligence (AI) in the workplace has introduced invasive surveillance practices and behavior control systems that infringe on employees' privacy, autonomy, and dignity. These technologies, often deployed without adequate oversight or consent, create a dehumanizing work environment and jeopardize workers' rights.

This proposal outlines the Protecting Workers from AI Surveillance and Behavioral Control Act, designed to safeguard employees from excessive and punitive AI-driven monitoring systems while fostering a fair and respectful workplace.

Key Objectives:

  1. Ban Excessive AI Monitoring and Control: Prohibit employers from using AI systems to monitor or control harmless employee behavior, such as singing or engaging in brief, non-disruptive activities, unless directly related to safety or operational integrity.

  2. Transparency Requirements: Mandate employers to disclose the nature, scope, and purpose of AI surveillance systems in clear and accessible terms.

  3. Consent and Opt-Out Rights: Require prior, explicit employee consent for any AI monitoring, with the ability to opt-out of non-essential surveillance without fear of retaliation.

  4. Limitations on Data Collection: Restrict AI systems from collecting personal, emotional, or non-work-related data, ensuring workers’ privacy is respected.

  5. Ban on Punitive AI Algorithms: Prohibit AI systems from issuing disciplinary actions, enforcing productivity quotas, or imposing penalties without human oversight and due process

Worker Protections:

  • Right to Privacy: Workers maintain a reasonable expectation of privacy at the workplace, especially in areas designated for rest or meals.

  • Right to Review and Correct Data: Employees may access and request corrections to any data collected by AI systems.

  • Right to Whistleblower Protections: Employees reporting violations of this Act are shielded from retaliation.

Draft Legislation: Protecting Workers from AI Surveillance and Behavioral Control Act

Section 1: Title This Act shall be known as the Protecting Workers from AI Surveillance and Behavioral Control Act.


Section 2: Purpose The purpose of this Act is to protect employees from excessive and invasive AI-driven surveillance, control, and behavioral monitoring in the workplace. It aims to ensure workers maintain dignity, autonomy, and privacy while preventing undue interference in their personal expression and workplace activities.


Section 3: Definitions For the purposes of this Act:

  1. Artificial Intelligence (AI): Systems and algorithms designed to analyze data, monitor behavior, or control workplace activities using automated decision-making.

  2. Behavioral Monitoring: The use of AI tools to observe, record, or influence employee actions, speech, or habits, including but not limited to real-time monitoring, audio analysis, and movement tracking.

  3. Big Brother Software: Software systems designed to enforce productivity, compliance, or other workplace metrics by constantly monitoring employee behavior, often with punitive or corrective capabilities.

  4. Employer: Any organization, company, corporation, or entity employing one or more individuals.


Section 4: Prohibited Practices

  1. Ban on Excessive AI Monitoring: Employers are prohibited from using AI systems to monitor or restrict employee behavior in ways that infringe upon personal expression, such as prohibiting employees from: a. Singing, humming, or engaging in other harmless activities while working (e.g., as reported in cases such as Amazon drivers being restricted from singing in their vehicles). b. Taking brief, reasonable breaks for stretching, hydration, or other self-care activities.

  2. Rights Against AI-Controlled Behavior: Employers are prohibited from using AI systems to impose real-time behavioral corrections or restrictions unless directly related to: a. The safety of the employee, coworkers, or the public. b. Preventing significant, tangible harm to company assets.

  3. Transparency Requirements: Employers deploying AI surveillance systems must: a. Disclose to employees, in clear and accessible language, the nature, scope, and purpose of the surveillance. b. Provide a written report detailing how the AI system collects, stores, and processes employee data.

  4. Limitations on AI Data Collection: AI surveillance systems must not collect or analyze: a. Personal conversations, private thoughts, or non-work-related actions. b. Emotional states, facial expressions, or physiological data unrelated to job performance.

  5. Consent Requirement: Employers must obtain prior, explicit consent from employees before deploying AI surveillance. Consent must be informed, voluntary, and revocable at any time without retaliation.

  6. Ban on Punitive AI Algorithms: AI systems must not be used to: a. Automatically issue disciplinary actions, including warnings, fines, or terminations. b. Impose quotas, penalties, or productivity metrics without human oversight and due process.


Section 5: Employee Rights

  1. Right to Opt-Out: Employees may opt out of non-essential AI surveillance without fear of retaliation or discrimination.

  2. Right to Review Data: Employees shall have the right to access any data collected about them by AI systems and request corrections or deletions if inaccuracies are identified.

  3. Right to Privacy: Employees have a reasonable expectation of privacy in the workplace. Employers must ensure AI systems respect these boundaries, particularly in areas designated for rest, meals, or personal time.

  4. Right to Report Violations: Employees may report violations of this Act anonymously to the Department of Labor. Employers found retaliating against whistleblowers will face additional penalties.


Section 6: Enforcement and Penalties

  1. Enforcement Authority: The Department of Labor (DOL) and Federal Trade Commission (FTC) shall oversee enforcement of this Act.

  2. Penalties for Non-Compliance: a. Employers in violation of this Act shall be subject to fines of up to $1,000,000 per violation. b. Repeated violations will result in increased penalties, including potential suspension of operations.

  3. Employee Remedies: a. Affected employees may file civil lawsuits for damages, including compensation for emotional distress, punitive damages, and legal fees. b. Class action suits may be filed for widespread violations.


Section 7: Examples of Inappropriate Practices This section cites recent examples where AI surveillance has overreached:

  1. Amazon Driver Case: Reports indicate that Amazon has prohibited delivery drivers from singing or playing music in their vehicles due to AI surveillance systems monitoring compliance with strict behavioral guidelines. Such restrictions constitute an invasion of personal expression and create a dehumanizing workplace environment.

  2. AI Productivity Tools: Some corporations use AI systems to track keystrokes, monitor bathroom breaks, and enforce unreasonable productivity quotas, causing undue stress and infringing on employee well-being.


Section 8: Effective Date This Act shall take effect 180 days after enactment.


Section 9: Severability If any provision of this Act is found unconstitutional or invalid, the remaining provisions shall remain in effect.


This legislation is designed to balance technological advancements with the rights and dignity of workers, ensuring AI serves as a tool to enhance productivity rather than control, surveil, or oppress employees.

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