(C) Alec Muffett's DropSafe blog.
Author Name: Alec Muffett
This story was originally published on allecmuffett.com. [1]
License: CC-BY-SA 3.0.[2]


Judge Wang to rule on ChatGPT eDiscovery

2025-05

🚨 TODAY: The hearing in The New York Times v. OpenAI could shape AI discovery obligations for years to come. Judge Wang gavels in this morning for what is shaping up to be the most consequential AI eDiscovery hearing to date. At stake? Whether millions of ChatGPT users retain control over their deleted conversations. Earlier this month, Judge Wang entered a preliminary order requiring OpenAI to preserve and segregate all output logs, prioritizing the duty to preserve responsive data over competing privacy and user contract requirements. OpenAI repeatedly urged the Court to reconsider that order -- most recently, filing a 21-page brief last week that called the preservation order "unprecedented" and argued it forces the AI giant to violate user privacy commitments. What are OpenAI's main arguments? ▪ Over 60 billion conversations can't feasibly be searched. ▪ The News Plaintiffs "(over)estimate that only 0.006% of the data might even be relevant." ▪ The technical cost of compliance would require months of engineering and millions in hosting infrastructure. ▪ Users reasonably expected deleted chats to stay deleted. And what are the potential impacts beyond this case? 👁️ User privacy expectations: If litigation needs can override user deletion choices and global privacy frameworks, what does "delete" even mean in the AI era? ⚖️ An evolutionary step for eDiscovery: Traditional proportionality rules may not be equipped for systems generating billions of daily interactions. 🏢 Business and user strategy: While this case is not a binding precedent, it could set the tone for whether AI companies can promise (and users can expect) certain data controls while facing broad litigation discovery. This is a difficult choice at the early stages of a crucial case. Judge Wang will likely seek a middle ground -- perhaps adopting OpenAI's proposed sampling approach to compare deleted vs. retained conversations. However, her ruling will have far-reaching consequences that extend far beyond this courtroom. Every AI company is watching, and every user should be, too. ‼️ UPDATE ‼️ The Court clarified the scope of its preservation order, and OpenAI provided an update. More here https://lnkd.in/etKTJhFK #ArtificialIntelligence #AI #eDiscovery #Privacy #EmergingTech
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[1] URL: https://www.linkedin.com/posts/jeff-kelly_artificialintelligence-ai-ediscovery-activity-7333119434837942272-ILjZ?utm_source=share&utm_medium=member_android&rcm=ACoAAAAvmJsB4l3t9PdFOdObHwlNHfKDpPBagBc
[2] URL: https://creativecommons.org/licenses/by-sa/3.0/

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