Open Season on OpenAI

AI risk for litigants (Fall Version)

As we turn the page into a new fall season, change seems to be in the air everywhere, including in the world of technology. Artificial intelligence, otherwise known as AI, seems to be present in nearly all aspects of our everyday lives. And with new technology comes new legal challenges.

A recent ruling by a New York judge required OpenAI, the parent company of ChatGPT, to retain all ChatGPT conversation logs. While this may seem like a routine ruling to preserve data during litigation, the Court’s ruling implicates a massive amount of data and raises many privacy questions.

In a recent interview, OpenAI CEO Sam Altman confirmed that conversations with ChatGPT do not have the same legal protections as those with a therapist, doctor, or lawyer. Several scenarios come to mind: an employer asking ChatGPT what they should do about a problematic employee, a person making an admission of committing crime and asking ChatGPT what they should do, and a person inputting a contract into ChatGPT. Mr. Altman’s confirmation, coupled with the New York judge’s ruling, confirms the real risk of information you put into ChatGPT coming back to haunt you.

In other words, inputting a legal question (or a confession!) generates discoverable evidence. ChatGPT does not have ethical duties to protect you like an attorney does. Don’t be-leaf me? Wright Beamer attorneys are here to provide legal advice tailored to your needs. We’ve got the in-cider information. Call us at 248-477-6300.