GoKawiilThe takeaway: Private conversations with AI chatbots are increasingly being used in court cases, creating a new source of evidence for police, prosecutors, and civil litigants. These records can expose a user's intentions, private thoughts, and sensitive disclosures, yet they generally receive none of the legal confidentiality protections afforded to conversations with lawyers, doctors, or therapists.
ChatGPT and similar tools are often used for personal questions, legal worries, health concerns, and emotional support. Those conversations can feel private, but they may be accessible through a phone search, a subpoena, discovery in a lawsuit, or a report by the AI company itself.
A review by The Washington Post found chatbot conversations cited in 12 public court cases over the past two years. The number is likely higher because much of the evidence collected during investigations and lawsuits never becomes public.
One case involved a teenager identified in court records as R.K.C., who sued Meta, Snap, TikTok, and YouTube in 2023. He alleged that their platforms contributed to social media addiction and mental health problems.
Defense lawyers obtained his ChatGPT history during the case. In one October 2024 conversation, R.K.C. asked the chatbot to explain a statement from his father about a possible settlement.
"My dad Said that I'm will get a settlement worth of 1million dollar," he wrote. "He said that If that doesn't make me happy what does. What does he mean."
R.K.C.'s lawyers settled with Snap, TikTok, and YouTube by late July. They also dropped the case against Meta, saying they were concerned about putting the teenager through a long trial. The companies denied his claims. Mike Morgan, a partner at Morgan & Morgan, said the ChatGPT messages did not affect the outcome of the case.
Morgan said young people may share more with a chatbot than they would with family members, friends, or therapists. "A fifteen-year-old may type things into a chatbot that he may not say to a therapist, a parent, or a friend, and he does it without realizing that it could end up in a defense expert's report," he said in a statement.
Chatbot records have also become part of criminal cases.
In Palm Beach County, Florida, OpenAI contacted the FBI after a ChatGPT user repeatedly described plans to harm an ex-girlfriend, according to a police affidavit. The FBI passed the information to local police, who identified the woman and found that the user, Darren Zhou, had sent her anonymous messages after their relationship ended.
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