In 2025, three cases in particular demonstrated that generative AI (Gen AI) chats are being used as evidence in criminal prosecutions with warrants and complaints citing certain ChatGPT conversations.
In part one of Matt Fleischer-Black’s two-part Cybersecurity Law Report article series, McCarter & English partner Erin Prest comments on whether Gen AI chats deserve similar privilege protections as established types of communications. Erin notes that legislators, not courts, will probably need to establish any privilege for AI chats. “We’ve already seen courts saying that if a doctor puts in a patient’s information to the open ChatGPT, that appears to destroy their privilege.”