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Judge: ChatGPT Data is Court Evidence
25 Jun
Summary
- AI chats can be compelled as third-party digital evidence.
- Prosecutors seek ChatGPT records for fraud case research.
- Court ruling highlights privacy concerns for AI interactions.

A federal judge has determined that prosecutors can demand OpenAI turn over ChatGPT account records linked to Richard Kim, the former CEO of cryptocurrency startup Zero Edge. Kim faces fraud charges for allegedly diverting $3.8 million in investor funds.
Prosecutors contend Kim used ChatGPT to research his defense, including trial strategy, and to explore topics like fund misappropriation and gambling. US District Judge Lorna Schofield rejected the defense's bid to shield this data, ruling that AI chat logs are considered third-party digital evidence subject to search warrants, similar to emails and texts.
The decision means AI conversations are not automatically private or protected, even if used for legal research. This case follows a similar ruling where exchanges with Anthropic's Claude chatbot were also found not protected by attorney-client privilege, emphasizing that AI platforms are data collectors, not legal counsel.