Chatbot Logs Increasingly Used as Evidence

In law school, I had a professor who gave a great piece of advice: before writing something down, imagine a lawyer reading it back to you on the witness stand. That thought experiment has made my written communications clearer, more specific, and more reserved. New litigation trends suggest you may want to take this advice when using chatbots. A recent Katten memo discusses how chatbot logs are increasingly used as evidence, providing the following key takeaways:

• “AI chats can be requested and used as evidence in litigation and government investigations, much like email.
• AI chat histories may remain accessible. Companies should assess platform retention settings and preserve relevant records when litigation is reasonably anticipated.
• Information entered into public or consumer AI tools may be treated as shared with an outside party, which can undermine confidentiality and privilege.
• Employees should not assume that AI conversations about legal issues are privileged, particularly when conducted without direction from counsel.
• A clear AI use policy, approved enterprise tools, updated retention practices and employee training can help reduce these risks.”

I previously discussed a similar concept when writing about the perils of AI transcripts. Sometimes written records sound worse than they were intended. People tend to be candid with their chatbots, thinking of the conversations as notes or memos to themselves. However, notes tend to be most understandable to their authors. We all use different shorthand and keywords to jog our memories. Chatbots, on the other hand, require clear inputs to function, making chat logs more legible and searchable than many forms of notetaking. Companies can address many of these risks through training and AI policies. It’s always worth assuming that whatever you ask a chatbot can be shared with other humans.