Gen AI Chats Becoming Evidence: How Businesses Can Prepare for Requests

Generative AI (Gen AI) chats have begun to show up as evidence in both criminal and civil cases – a development that will affect many companies, not only big AI chat providers. As Gen AI features integrate into everyday interfaces for customers and employees, companies should consider preparing for at least four types of situations where they will need to disclose AI chat logs, Google’s former director of law enforcement and information security told the Cybersecurity Law Report. This second article in a series on Gen AI chats as possible evidence examines the types of requests that companies might receive and provides steps they can take to manage responses to those requests, with insights from practitioners from Integreon and Loeb & Loeb as well as Google’s former legal director. Part one of the series reviewed the use of AI chat evidence in three criminal cases and the unsettled law around external requests for such evidence. See our two-part series on managing legal issues arising from use of ChatGPT and Gen AI: “E.U. and U.S. Privacy Law Considerations” (Mar. 15, 2023), and “Industry Considerations and Practical Compliance Measures” (Mar. 22, 2023).

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