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Sam Altman calls for ‘AI privilege’ as OpenAI clarifies court order to retain temporary and deleted ChatGPT sessions
Should talking to an AI chatbot be protected and privileged information, like talking to a doctor or lawyer? A new court order raises the idea
As AI influencer and software engineer Simon Willison wrote on his personal blog: “Paying customers of [OpenAI’s] APIs may well make the decision to switch to other providers who can offer retention policies that aren’t subverted by this court order!” While the order exempts ChatGPT Enterprise and API customers using ZDR endpoints, the broader legal and reputational implications matter deeply for professionals responsible for deploying and scaling AI solutions inside organizations. Teams must verify whether OpenAI’s backend retention practices align with internal controls and third-party risk assessments, and whether users are relying on features like “temporary chat” that no longer function as expected under legal preservation.
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