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I wouldn't be surprised if their privacy policy would say "what you send is private" and then it wouldn't apply to unfinished prompts on technicality
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This is my concern as well- the same wiggle-room methodology that allowed a business to claim not to “sell or share” PII, because “user data collaboration” was not part of the legal definition prior to CCPA.

OpenAI’s statements in response to the Millenium Prize (and related) disputes I think are a pretty obvious example of this in practice. One man’s “user prompts” is not another’s “reasoning trace scratchpad”.

This comment by Falserum on the mathematics research post articulates it well:

https://news.ycombinator.com/item?id=49649992

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> But it may also be used to track the user's writing cadence, error correction style

I'm pretty sure it is used for this; but rather than for anything nefarious, my guess is that this info is then fed to a classifier model to ensure that users of ChatGPT-the-service (as opposed to the OpenAI inference API) are actual humans, rather than agents trying to circumvent having to pay API pricing.

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Enough Meta executives have been hired there. Expect the same behavior over time.
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