So basically if you use any of the CLI tools, there is nothing for OpenAI, Anthropic, etc. to give the courts.
Online ChatGPT (especially the free version), are apparently cached by OpenAI on their servers. (I am not sure if Claude Desktop caches the conversations locally or in the cloud as well, read the fine print if it matters!)
This is a very narrow exemption, however.
(You would also want to make sure you're using a paid AI plan with contractually guaranteed privacy protections, otherwise it could be construed as third-party communications, which implicitly waives privilege.)
See: Warner v. Gilbarco, Inc.
Isn't that a fundamental misunderstanding? Would "OPSEC" like that amount to destruction of evidence or contempt of court or something like that?
Like if all your incriminating documents are on some encrypted drive, it's not like that defeats discovery. You're supposed to decrypt them and hand them over.
Your only real defense against discovery is to not have said it, or to have destroyed all records of it before the hint of discovery wafted on the wind.
We need a law where someone can clearly designate a chat privileged, with severe consequences for mis-use.
How's this any different than any professional license? You're basically paying for preferential treatment from the state in a given subject area.
Because it's got nothing to do with the professional part? Licensing should affect their practice of law, sure, but it shouldn't grant random other privileges.