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csande17today at 6:23 AM1 replyview on HN

This is a nice answer to the question "how is GitHub preventing rogue employees at Microsoft from stealing my private repositories?". Like, it's good to know I'm covered if Microsoft accidentally hires a North Korean spy or something.

But if Microsoft really was selling private repo content to OpenAI, it probably wouldn't go through those access controls. It'd be an executive-level decision with enough force to plow through all the red tape, and it'd be implemented as a data pipeline or similar automated process that wouldn't trigger the same kind of notification as, like, a Trust and Safety employee taking manual action.

Probably the better evidence here is in GitHub's ToS where they say in pretty strong/binding terms that they aren't doing this: https://docs.github.com/en/site-policy/github-terms/github-t... . If they are secretly selling your data to OpenAI they haven't left themselves a ton of wiggle room if people ever found out.

(Probably the biggest loophole they could use is to send private repo content to an OpenAI service for scanning/safety purposes. The ToS allows this and they're almost certainly doing it with other services like PhotoDNA. Then OpenAI can just violate whatever agreement they have not to store the data sent to that service.)


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taywrobeltoday at 6:54 AM

I’m one of the people directly responsible for ensuring that those terms are properly enforced. Presently I’m arguably the person for Copilot data specifically.

Current talk of the town in the data retention space is around AI safety. There’s been a recent slew of blog posts and academic papers around how LLM harms can manifest over multiple agentic turns, from individually innocuous requests. Identifying this inherently necessitates user data retention which we do everything possible to avoid (not even meaning data sharing as is alluded to in this thread, I mean literally persisting prompts and completions anywhere outside of ephemeral memory). I’ve been the one advocating for having the storage of any data retained for safety and security purposes to be as heavily access controlled and audited as is possible.

Also, if AI safety is a space that is interesting to you, we’re hiring! Manager, developer, and applied science roles, or we can figure out the HR shenanigans if you don’t fit any of those archetypes. If interested shoot me an email at [email protected]!

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