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OpenAI is facing increased scrutiny over its data retention policies following a recent court order related to a high-profile copyright lawsuit filed by The New York Times in 2023. The lawsuit alleges that OpenAI and Microsoft Corp. used millions of the Times' articles without permission to train their AI models, including ChatGPT. The paper further alleges that ChatGPT outputted Times content verbatim without attribution. As a result, OpenAI has been ordered to retain all ChatGPT logs, including deleted conversations, indefinitely to ensure that potentially relevant evidence is not destroyed. This move has sparked debate over user privacy and data security.
OpenAI COO Brad Lightcap announced that while users' deleted ChatGPT prompts and responses are typically erased after 30 days, this practice will cease to comply with the court order. The retention policy will affect users of ChatGPT Free, Plus, and Pro, as well as users of OpenAI's application programming interface (API), but not those using the Enterprise or Edu editions or those with a Zero Data Retention agreement. The company asserts that the retained data will be stored separately in a secure system accessible only by a small, audited OpenAI legal and security team, solely to meet legal obligations. The court order was granted within one day of the NYT's request due to concerns that users might delete chats if using ChatGPT to bypass paywalls.
OpenAI CEO Sam Altman has voiced strong opposition to the court order, calling it an "inappropriate request" and stating that OpenAI will appeal the decision. He argues that AI interactions should be treated with similar privacy protections as conversations with a lawyer or doctor, suggesting the need for "AI privilege". The company also expressed concerns about its ability to comply with the European Union's General Data Protection Regulation (GDPR), which grants users the right to be forgotten. Altman pledged to fight any demand that compromises user privacy, which he considers a core principle, promising customers that the company will fight to protect their privacy at every step if the plaintiffs continue to push for access.
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References :
- Policy ? Ars Technica: OpenAI is retaining all ChatGPT logs “indefinitely.†Here’s who’s affected.
- www.eweek.com: ‘An Inappropriate Request’: OpenAI Appeals ChatGPT Data Retention Court Order in NYT Case
- SiliconANGLE: OpenAI will retain users’ deleted ChatGPT conversations to comply with a recently issued court order. Brad Lightcap, the artificial intelligence developer’s chief operating officer, disclosed the move in a late Thursday blog post. When users delete ChatGPT prompts and the chatbot’s responses, OpenAI usually retains the data for 30 days before permanently erasing it. Going […]
- www.techradar.com: Sam Altman says AI chats should be as private as ‘talking to a lawyer or a doctor’, but OpenAI could soon be forced to keep your ChatGPT conversations forever
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