Your chats with AI chatbot could land you in trouble: Here’s what you need to know

As artificial intelligence (AI) technology evolves, chatbots have now become more than just an AI assistant. Many have turned to chatbots for advice and even emotional support. But are these conversations with an AI chatbot safe? According to a Reuters report, U.S. lawyers are urging clients not to treat AI chatbots as confidential advisors when it comes to sensitive legal details.

The warning comes after a federal judge in New York ruled that the former CEO could not keep his AI chatbot conversations private. Now, the case has raised serious concerns about AI chat privacy, as they are no longer protected or confidential, and they can be used against you in legal cases. 

Jed Rakoff, a judge in New York, ordered a former executive to hand over documents created using Anthropic’s Claude chatbot. The case involved Bradley Heppner of GWG Holdings, who is facing fraud charges. Heppner reportedly used Claude to help prepare his legal defence. 

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Prosecutors argued that those AI conversations were not private or protected. The judge also made it clear that AI chats are not protected like lawyer-client conversations, and that users should not expect privacy.

After the court ruling, lawyers are now warning their clients about using AI chatbots like Claude and ChatGPT. Your conversation with these chatbots can be requested by prosecutors in criminal cases, or it can be used by opposing parties in civil lawsuits.

Reuters highlighted a client contract from Sher Tremonte LLP, in which the firm warned clients against using AI chatbots, noting that sharing such information could jeopardise the legal protection that comes with lawyer-client confidentiality.

However, a different judge in the U.S., named Anthony Patti, ruled in favour of a woman who was handling her own case. She relied on OpenAI’s ChatGPT to help with her lawsuit, and the judge said she did not have to share her chatbot conversations. 

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The Judge treated the AI chats as personal "work-product," and noted that tools platforms like ChatGPT “are tools, not persons.” 

As of now, courts and legal experts are still figuring out how AI chats or content should be treated in legal proceedings. Therefore, there are no clear rules or guidelines, but it is recommended to be cautious and avoid sharing sensitive legal details with AI chatbots.