[HN Gopher] Palisades Fire suspect's ChatGPT history to be used ...
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       Palisades Fire suspect's ChatGPT history to be used as evidence
        
       Author : quuxplusone
       Score  : 253 points
       Date   : 2025-10-08 21:53 UTC (6 days ago)
        
 (HTM) web link (www.rollingstone.com)
 (TXT) w3m dump (www.rollingstone.com)
        
       | Baader-Meinhof wrote:
       | http://archive.today/K030p
        
       | gundmc wrote:
       | Not surprising. Search and browsing history has been used as
       | evidence for some time.
        
         | preciousoo wrote:
         | Coming into the thread(and general discussion about chatgpt
         | being used as evidence) with this context, I'm confused about
         | the reactions to this. Online activity has been used as
         | evidence as far as I remember. OpenAI also has a couple high
         | profile cases against them with chatgpt history used as the
         | primary evidence
        
         | NotPractical wrote:
         | Nearly anything that isn't end-to-end encrypted is fair game,
         | assuming there is probable cause. Access to your physical
         | location history (even if you weren't suspected of a crime)
         | wasn't off limits until 2024 [1]. (It still isn't off limits if
         | you _are_ suspected of a crime, but is no longer collected at
         | the scale of  "most Android users" [2].)
         | 
         | [1] https://www.eff.org/deeplinks/2024/08/federal-appeals-
         | court-...
         | 
         | [2] https://techcrunch.com/2023/12/16/google-geofence-
         | warrants-l...
        
           | kube-system wrote:
           | End-to-end encrypted data is also fair game -- the only
           | difference is that there are simply fewer parties that have
           | the data to give.
        
           | vintermann wrote:
           | Chats with chatgpt are end to end encrypted (it's https), but
           | one of the ends is OpenAI.
        
             | Sophira wrote:
             | While I understand (and agree with) the general sentiment
             | of what you're saying, you are not correct in saying that
             | this is end-to-end encryption, and HTTPS itself does not
             | guarantee that end-to-end encryption is in use.
             | 
             | In this case, there's an explicit middle point -
             | chatgpt.com resolves to a CloudFlare server, so CloudFlare
             | is actually one of the ends here. It likely acts as a
             | reverse proxy, meaning that it will forward your requests
             | to a different, OpenAI-owned server. This might be over a
             | new HTTPS connection, or it might be over an unencrypted
             | HTTP connection.
             | 
             | It really is super important to emphasize this point. End-
             | to-end encryption is not simply that your data is encrypted
             | between you and the ultimate endpoint. It's that it _can 't
             | be decrypted along the way_ - and decrypting your HTTPS
             | requests is something that CloudFlare needs to do in order
             | to work.
             | 
             | (To be clear, I'm not accusing CloudFlare of anything shady
             | here. I'm just saying that people have forgotten what end-
             | to-end encryption really means.)
        
               | ProofHouse wrote:
               | Great points, of course if you use full strict or
               | flexible SSL you could be ok (safe) from Cloudflare, but
               | no way that is the case here
        
             | addaon wrote:
             | Yep. This is why the estimates of compute needed for AI (if
             | it turns out to be useful) are many orders of magnitude too
             | low -- the technology isn't mature until it actually
             | succeeds at tasks, with fully homomorphic encryption from
             | my prompt through the response.
        
               | ProofHouse wrote:
               | FHE is far too computationally heavy. Won't be used on
               | ChatGPT for a very long time if ever
        
         | godshatter wrote:
         | It still boggles my mind that in this day and age most people
         | use the one search engine that keeps the most copious records
         | of everything that is entered and that ties that to the most
         | information any corporation probably has about any random
         | person. I wouldn't be surprised if everyone moved to using the
         | NSA search engine if they ever came out with one.
         | 
         | Just for general peace of mind, use a privacy-oriented search
         | engine. I use leta.mullvad.net or search.brave.com usually. I
         | haven't used Google in years. And if you just happen to have a
         | curiosity about something fringe that might be misinterpreted
         | in the wrong circumstances, download an LLM and use it locally.
        
           | dncornholio wrote:
           | Not using Google but instead use a Mullvad or Brave search
           | engine isn't solving any problem. Because if you cannot trust
           | company A, you also shouldn't trust company B.
           | 
           | If you want real and total anonymous search, use a public
           | computer.
        
             | xtracto wrote:
             | Public wifi on burner phone.
        
               | hansonkd wrote:
               | Even then some criminals actually _log-in_ to google or
               | other accounts on the burner. :facepalm:
        
       | system2 wrote:
       | ChatGPT and Google are different types of engines. I wonder if
       | they will make ChatGPT submit flagged questions to authorities
       | automatically. Since the questions are more like conversations
       | with clear intentions, they can get very clear signals.
        
         | gpm wrote:
         | > they can get very clear signals.
         | 
         | No they can't. People write fiction, a lot of it. I'm willing
         | to bet that the number of fiction related "incriminating"
         | questions to chatgpt greatly numbers the number of "I'm
         | actually a criminal" questions.
         | 
         | Also wonder about hypotheticals, make dumb bets, etc.
        
           | themafia wrote:
           | You don't even need to make bets. Encoded within the answer
           | of "what is the best way to prevent fires" is the obvious
           | data on the best way to start them.
        
         | astrange wrote:
         | To be clear there is exactly nothing you're required to submit
         | to the government as a US service provider, if that's what you
         | mean by authorities.
         | 
         | If you see CSAM posted on the service then you're required to
         | report it to NCMEC, which is intentionally designed as a
         | private entity so that it has 4th amendment protections. But
         | you're not required to proactively go looking for even that.
        
         | pols45 wrote:
         | They can do whatever they want. It's a dead end.
         | 
         | End of the day, a chimp with a 3 inch brain has to digest the
         | info tsunami of flagged content. That's why even the Israelis
         | didn't see Oct 7th coming.
         | 
         | Once upon a time I worked on a project for banks to flag
         | complaints about Fraud in customer calls. Guess what happened?
         | The system registered a zillion calls where people talked about
         | fraud world wide, the manager in charge was assigned 20 people
         | to deal with it, and after naturally getting overwhelmed and
         | scapegoated for all kinds of shit, he puts in a request for few
         | hundred more, saying he really needed thousands of people.
         | Corporate wonderland gives him another 20 and writes a para in
         | their annual report about how they are at the forefront of
         | combatting fraud etc etc.
         | 
         | This is how the world works. The chimp troupe hallucinates
         | across the board, at the top and at the bottom about what is
         | really going on. Why?
         | 
         | Because that 3 inch chimp brain has hard limits to how much
         | info, complexity and unpredictability it can handle.
         | 
         | Anything beyond that, the reaction is similar to ants running
         | around pretending they are doing something useful anytime the
         | universe pokes the ant hill.
         | 
         | Herbert Simon won a nobel prize for telling us we don't have to
         | run around like ants and bite everything anytime we are faced
         | with things we can't control.
        
           | immibis wrote:
           | That's why companies usually use an AI to _automatically_ ban
           | your account. That 's why there are currently tricks floating
           | around to get anyone you don't like banned from Discord, by
           | editing your half of an innocuous conversation to make it
           | about child porn and trafficking. The AI reads the edited
           | conversation, decided it's about bad stuff and bans both
           | accounts involved.
        
         | philwelch wrote:
         | I recall Anthropic publicly admitting that, at least in some of
         | their test environments, Claude will inform authorities on its
         | own initiative if it thinks you're using it for illicit
         | purposes. They tried to spin it as a good thing for alignment.
        
       | jampa wrote:
       | The headline and article try to bias and frame the story to make
       | people question: "Is OpenAI snitching on me?"
       | 
       | In reality, Uber records and conflicting statements incriminated
       | him. He seems to be the one who provided the ChatGPT record to
       | try to prove that the fire was unintentional.[1]
       | 
       | > He was visibly anxious during that interview, according to the
       | complaint. His efforts to call 911 and his question to ChatGPT
       | about a cigarette lighting a fire indicated that he wanted to
       | create a more innocent explanation for the fire's start and to
       | show he tried to assist with suppression, the complaint said.
       | 
       | [1] https://apnews.com/article/california-wildfires-palisades-
       | lo...
        
         | mtillman wrote:
         | OpenAI also literally announced that they send data to law
         | enforcement after a judge told them they had to do so.
        
           | swyx wrote:
           | they HAD to? didnt Apple refuse to do this exact thing?
        
             | rogerrogerr wrote:
             | Apple refused to create new software to allow the FBI to
             | brute force an encrypted device. OpenAI just had this info
             | floating around on hard drives.
        
               | protocolture wrote:
               | And then 3 or 4 allies of the US passed laws enabling the
               | government to require companies to develop tools or face
               | prison time.
               | 
               | So they probably have developed the tool, and once
               | developed been secretly compelled to use it.
        
               | JumpCrisscross wrote:
               | > _And then 3 or 4 allies of the US passed laws enabling
               | the government to require companies to develop tools or
               | face prison time_
               | 
               | My understanding is that Apple's executives were
               | surprised at the forcefulness of the opposition to their
               | stand together with the meekness of public support.
               | 
               | (Having worked on private legislation, I get it. You work
               | on privacy and like two people call their electeds
               | because most people don't care about privacy, while those
               | who do are predominantly civically nihilists or lazy.)
        
             | lotsofpulp wrote:
             | If you are referring to the incident below, it is different
             | because the government asked Apple to write software to
             | allow access to the device:
             | 
             | https://en.wikipedia.org/wiki/Apple%E2%80%93FBI_encryption_
             | d...
             | 
             | If Apple had simply had the text records, they would have
             | had to comply with the government order to provide them.
        
               | elchananHaas wrote:
               | And Apple did provide all iCloud data they had available.
        
           | kube-system wrote:
           | Every company must comply with lawful warrants and subpoenas.
        
             | trenchpilgrim wrote:
             | EDIT: Original parent was "Every company does this."
             | 
             | Not Mullvad. Swedish police showed up looking for some dat,
             | Mullvad didn't even collect what they wanted, police left
             | empty handed.
        
               | kube-system wrote:
               | Yes -- even Mullvad -- which is precisely why they do not
               | collect the data. Because if they did have the data, they
               | would have to give it over, or they could go to prison.
        
               | dylan604 wrote:
               | who goes to prison, the whole company? What does Swedish
               | law have of sending corporate employees to prison? Is it
               | something we can import?
        
               | kube-system wrote:
               | Typically, courts will summon a specific person to comply
               | with their request, often a corporate officer or director
               | with a role or authority relevant to what is being
               | requested. If they don't comply with their request, they
               | can be held in contempt.
               | 
               | The specifics vary by country, but basically all legal
               | systems require you to comply with what they say and
               | impose penalties if you don't. I don't know if there are
               | any countries where it's legal to ignore the courts, but
               | I would imagine that their court systems don't work too
               | well.
        
               | navigate8310 wrote:
               | Typically that would require uncovering the veil of the
               | corporation and usually a limited company has safety
               | provisions against these egregious acts.
        
               | kube-system wrote:
               | Courts, in the US at least, can hold an officer of a
               | corporation personally responsible for violating a
               | subpoena order, if they were in a position to comply with
               | it and chose not to. It's not technically a piercing of
               | the corporate veil (because they are being personally
               | ordered to comply), but it's effectively the same thing.
               | 
               | See Wilson v. United States
               | 
               | https://supreme.justia.com/cases/federal/us/221/361/
        
               | freejazz wrote:
               | It is true that one cannot produce the data that one does
               | not collect. I'm not sure that is a revelation.
        
               | ChrisMarshallNY wrote:
               | It is, with this crowd, where data is currency. I
               | literally have solitaire games, trying to get me to
               | create server accounts, so that the authors can extract
               | PiD from me.
               | 
               | Tech is _full_ of people that make extremely good money,
               | from other people 's personal information, and they plug
               | their ears and sing _" La-la-laaaa-I-can't-hear-yooouuu-
               | la-la-la"_, when confronted with information that says
               | what they are doing has problems. Not just techhies.
               | That's fairly basic human nature.
               | 
               | This is pretty much the embodiment of Upton Sinclair's
               | quote: _" It is difficult to get a man to understand
               | something, when his salary depends upon his not
               | understanding it."_
               | 
               | For my part, I don't collect any data that I don't need;
               | even if it makes it more difficult to do stuff like
               | administer a server.
        
               | freejazz wrote:
               | It's only a problem if you don't want to be legally
               | obligated to produce it. Either way, probably paying
               | lawyer time for a response. Not that I disagree with you
               | at all.
        
               | ChrisMarshallNY wrote:
               | It's also a problem if you actually care about your
               | users, and don't want to expose their data, in ways that
               | could -literally- end up putting their lives in danger.
        
               | freejazz wrote:
               | I'm but a mere lawyer, not a godly developer.
        
               | ChrisMarshallNY wrote:
               | Sheesh. I don't feel especially "holy." Did I miss the
               | manna line?
        
         | quuxplusone wrote:
         | Hmm. The Rolling Stone article (and linked press conference)
         | has the police giving a vastly different account of the ChatGPT
         | logs they're complaining about:
         | 
         | > Investigators, he noted, allege that some months prior to the
         | burning of the Pacific Palisades, Rinderknecht had prompted
         | ChatGPT to generate "a dystopian painting showing, in part, a
         | burning forest and a crowd fleeing from it." A screen at the
         | press conference showed several iterations on such a concept...
         | 
         | Video here, including the ChatGPT "painting" images circa
         | 1m45s: https://xcancel.com/acyn/status/1975956240489652227
         | 
         | (Although, to be clear, it's not like the logs are the only
         | evidence against him; it doesn't even look like parallel
         | construction. So _if_ one assumes  "as evidence" usually
         | implies "as sole evidence," I can see how the headline could be
         | seen as sensationalizing/misleading.)
        
         | ccppurcell wrote:
         | Ok. But this serves as a reminder not to expect privacy when
         | sending messages back and forth to some software company.
        
           | irjustin wrote:
           | Nothing new here. Somehow people are surprised evidence
           | against them includes - "my google search" or "my chatgpt
           | logs" or ...
        
             | harvey9 wrote:
             | Rolling Stone is a general audience publication so it is
             | fair enough for some of their readers to be surprised.
        
             | Aerroon wrote:
             | In my opinion, people should be constantly reminded of
             | this.
        
         | jimmySixDOF wrote:
         | Also why the sudden interest? Amazon Alexa snips have been used
         | before in court/investigation and this is not new. But makes me
         | wonder about what happens when you are dealing with summaries
         | of summaries of long gone tokens. Is that evidence?
        
           | weird-eye-issue wrote:
           | > But makes me wonder about what happens when you are dealing
           | with summaries of summaries of long gone tokens. Is that
           | evidence?
           | 
           | There is text input and text output it's really not that
           | complicated
           | 
           | If used in court the jury would be given access to the full
           | conversation just like if it was an email thread
        
           | laborcontract wrote:
           | Your honor, the defendant is semantically guilty!
        
             | lawlessone wrote:
             | it would help indicate intention.
        
           | jack_pp wrote:
           | You have your full history in chatgpt not just summaries and
           | I doubt they permanently delete chats you specifically choose
           | to delete.
        
             | maxbond wrote:
             | I think they were referring to intermediate tokens in
             | "Thinking" models, which are summarized in the interface
             | but ultimately discarded (and may themselves be summaries
             | of sources, other chats, or earlier intermediate states).
             | 
             | Presumably what's of evidentiary value is the tokens you
             | type, though.
        
             | shagie wrote:
             | For ChatGPT, they're under legal obligation _not_ to delete
             | chats for a period of time.
             | 
             | https://openai.com/index/response-to-nyt-data-demands/
             | (yes, that's written 100% from OpenAI's perspective)
             | 
             | In particular:
             | 
             | > The New York Times is demanding that we retain even
             | deleted ChatGPT chats and API content that would typically
             | be automatically removed from our systems within 30 days.
             | 
             | > ...
             | 
             | > This data is not automatically shared with The New York
             | Times or anyone else. It's locked under a separate legal
             | hold, meaning it's securely stored and can only be accessed
             | under strict legal protocols.
             | 
             | > ...
             | 
             | > Right now, the court order forces us to retain consumer
             | ChatGPT and API content going forward. That said, we are
             | actively challenging the order, and if we are successful,
             | we'll resume our standard data retention practices.
        
           | autoexec wrote:
           | I suppose it's a good reminder to people that every cloud
           | service they interact with is collecting data which can be
           | used against them in court or in any number of other ways at
           | any point in the future and that chatbots are no exception.
           | 
           | I'm sure that there are many people who thoughtlessly type
           | very personal things into chatgpt including things that might
           | not look so good for them if they came out at trial.
        
           | michaelt wrote:
           | _> Also why the sudden interest? Amazon Alexa snips have been
           | used before in court /investigation and this is not new._
           | 
           | As I understand it, some people treat chatgpt like a close
           | personal friend and therapist. Confiding their deepest
           | secrets and things like that.
        
             | gruez wrote:
             | Is this any different than people asking their deepest
             | darkest questions to google?
        
               | sebastiennight wrote:
               | It is very different. In one case you actively have to
               | prod a "neutral" machine to get your dark curiosity
               | satiated, in the other case the machine is designed to
               | draw it out of you.
               | 
               | Same difference as: "Allowing minors into casinos... is
               | it any different from letting them play cards with their
               | friends at home with their pocket money?"
        
               | shagie wrote:
               | > in the other case the machine is designed to draw it
               | out of you.
               | 
               | I take issue with the "is designed to" phrase. That
               | implies an intentionality upon OpenAI (and others) to
               | create something that acts as a therapist or confidant.
               | It is designed to respond to you in a way that you ask it
               | to. The agency for confiding deep secrets to a cloud
               | service is _entirely_ upon the human typing in the text.
               | 
               | If one doesn't try to make it your friend, it doesn't try
               | to act like it.
        
         | Sophira wrote:
         | It looks like the headline may have changed as well since the
         | HN submission, assuming that the title here was the original
         | headline. Now the headline seems to be "Suspect in Palisades
         | fire allegedly used ChatGPT to generate images of burning
         | forests and cities".
        
           | Moncefmd wrote:
           | I had the same assumption but apparently it does not appear
           | to have changed since publication. [1]
           | 
           | [1] - https://web.archive.org/web/20251008204636/https://www.
           | rolli...
        
           | butlike wrote:
           | Changing the headline post hoc without any indication of the
           | change is kind of a pet peeve of mine. Why is it not
           | indicated as errata in the article like other edits when the
           | body of the text is changed or factual information is
           | confirmed?
        
             | yugioh3 wrote:
             | Headlines are marketing and layout design, not journalism.
             | Journalists have no role in title generation. And changes
             | could be due to AB testing. Seems relatively immaterial to
             | me.
        
               | ribosometronome wrote:
               | Unless people are primarily only reading the headlines,
               | then it could matter.
        
               | LocalPCGuy wrote:
               | I call BS on that given how many people ONLY read the
               | headline. It is (well, should be) the responsibility of
               | the journalism industry, of which the editors are still a
               | part of, to accurately convey information, and that
               | includes in the part of most heavily shared and read.
               | 
               | (and yah, yada yada about journalism no longer, or maybe
               | never, being about truth, I get it, but still IMO the
               | field should be held to the higher journalistic standard)
        
               | some_random wrote:
               | The majority of people only read the headline and not the
               | article.
        
         | bko wrote:
         | This may be unpopular opinion, but I'm more or less okay with
         | things like search records and Uber receipts being included as
         | evidence when there's probable cause.
         | 
         | It's no different than the contents of your home. Obviously we
         | don't want police busting in to random homes to search, but if
         | you're the suspect of a crime and police have a warrant, it's
         | entirely reasonable to enter a home and search. I guess it
         | can't necessarily help clear you up like an alibi would, but if
         | the party is guilty is could provide things like more
         | certainty, motivation, timeline of events, etc.
         | 
         | I think people conflate the two. They hold that certain things
         | should remain private under all circumstances, where I believe
         | the risk is a large dragnet of surveillance that affects
         | everyone as opposed to targeted tools to determine guilt or
         | innocence.
         | 
         | Am I wrong?
        
           | rubyfan wrote:
           | I don't think you hold an unreasonable position on that
           | issue. If everything is operating as it should then many
           | would agree.
           | 
           | We've long ago entered a reality where almost everyone has a
           | device on them that can track their exact location all the
           | time and keeps a log of all their connections, interests and
           | experiences. If a crime occurs at a location police can now
           | theoretically see everyone who was in the vicinity, or who
           | researched methods of committing a crime, etc. It's hard to
           | balance personal freedoms with justice, especially when those
           | who execute on that balance have a monopoly on violence and
           | can at times operate without public review. I think it's the
           | power differential that makes the debate and advocacy for
           | clearer privacy protection more practical.
        
             | mrguyorama wrote:
             | I shouldn't have to remind everyone that cops already can
             | skip getting a warrant for things like phone location data.
             | 
             | Plenty of big services will just give cops info if they ask
             | for it. It's legal. Any company or individual can just
             | offer up evidence against you and that's fine, but big
             | companies will have policies that do not require warrants.
             | 
             | Despite this atrocious anti-privacy stance, cops STILL
             | clear around half of violent crimes, and that's only in
             | states with rather good police forces, usually involving
             | higher requirements than "A pulse" and long training in a
             | police Academy. Other states get as low as 10% of crimes
             | actually solved.
             | 
             | When you've built a panopticon and cops STILL can't solve
             | cases, it's time to stop giving up rights and fix the cops.
        
               | rubyfan wrote:
               | _> Plenty of big services will just give cops info if
               | they ask for it. It 's legal. Any company or individual
               | can just offer up evidence against you and that's fine,
               | but big companies will have policies that do not require
               | warrants._
               | 
               | I think this is where policy is failing. No clear
               | protections on privacy and collusion between corporations
               | and the state is allowed. It's outdated and impractical
               | to have the limits on search and seizure at physical
               | boundaries but not electronic ones.
        
               | fmobus wrote:
               | And in a way, I see some mapping of this to the recent
               | FCC vs Jimmy Kimmel situation. Sure, Kimmel's case was
               | more overt, because the FCC guy was very obviously
               | threatening a private company so that the company would
               | do that the government wanted, and in this case, it's
               | more like companies are "sponteneously" coming up to
               | help, but I still think that such spontaneity can be
               | suspicious, specially if we are talking about companies
               | with large contracts with the government, or interest in
               | influencing policy.
               | 
               | In other words: if it's Joe Schmoe's Haberdashery
               | forwarding CCTV footage to police to elucidate a crime
               | right in front of their door, sure, it's fine and dandy,
               | they do have an interest in not having crime in front of
               | their door. But when Revolving Door MegaCorp builds a
               | dragnet of surveillance AND is also selling cloud
               | contracts to the government by the billion, it becomes a
               | lot more murky if they just start snitching on everything
               | they see.
        
           | floor2 wrote:
           | > Am I wrong?
           | 
           | As a naturally curious person, who reads a lot and looks up a
           | lot of things, I've learned to be cautious when talking to
           | regular people.
           | 
           | While considering buying a house I did extensive research
           | about fires. To do my job, I often read about computer
           | security, data exfiltration, hackers and ransomware.
           | 
           | If I watch a WWI documentary, I'll end up reading about
           | mustard gas and trench foot and how to aim artillery
           | afterwards. If I read a sci-fi novel about a lab leak virus,
           | I'll end up researching how real virus safety works and about
           | bioterrorism. If I listen to a podcast about psychedelic-
           | assisted therapy, I'll end up researching how drugs work and
           | how they were discovered.
           | 
           | If I'm ever accused of a crime, of almost any variety or
           | circumstance, I'm sure that prosecutors would be able to find
           | suspicious searches related to it in my history. And then
           | leaked out to the press or mentioned to the jury as just a
           | vague "suspect had searches related to..."
           | 
           | The average juror, or the average person who's just scrolling
           | past a headline, could pretty trivially be convinced that my
           | search history is nefarious for almost any accusation.
        
             | IIAOPSW wrote:
             | Notorious hacker floor2 openly published comments online
             | about misusing judicial process and the difficulty of
             | covering his tracks.
        
             | mrguyorama wrote:
             | Sometimes you are better off not invoking your right to a
             | _jury_ trial because if there is straight up evidence in
             | your favor, it 's easier to get a jury to ignore that for
             | emotional bullshit than a judge.
             | 
             | DAs for bigger departments are likely well equipped, well
             | trained, and well practiced at tugging on the heartstrings
             | of average juries, which are not average people, because
             | jury selection is often a bad system.
        
           | cyphar wrote:
           | Sure, warrants and subpoenas need to exist in order for the
           | legal system to function. However, they have limits.
           | 
           | The modern abuse of the third-party doctrine is a different
           | topic. Modern usage of the third-party doctrine claims (for
           | instance) that emails sent and received via Gmail are
           | actually Google's property and thus they can serve Google a
           | warrant in order to access anyone's emails. The old-timey
           | equivalent would be that the police could subpoena the post
           | office to get the contents of my (past) letters -- this is
           | something that would've been considered inconceivably illegal
           | a few decades ago, but because of technical details of the
           | design of the internet, we have ended up in this situation.
           | Of course, the fact there are these choke points you can
           | subpoena is very useful to the mass surveillance crowd (which
           | is why these topics get linked -- people forget that many of
           | these mass surveillance programs do have rubber-stamped court
           | orders to claim that there is some legal basis for
           | wiretapping hundreds of millions of people without probable
           | cause).
           | 
           | In addition (in the US) the 5th amendment allows you the
           | right to not be witness against yourself, and this has been
           | found to apply to certain kinds of requests for documents.
           | However, because of the third-party doctrine you cannot
           | exercise those rights because you are not being asked to
           | produce those documents.
        
           | wat10000 wrote:
           | I think you're right, but the two collide over the question
           | of whether police have the right _to be able to_ access your
           | stuff, or merely the right to _try_ to access it.
           | 
           | In the past, if you put evidence in a safe and refused to
           | open it, the police could crack it, drill it, cut it open,
           | etc. if all else failed.
           | 
           | Modern technology allows wide access to the equivalent of a
           | perfectly impregnable safe. If the police get a warrant for
           | your files, but your files fundamentally cannot be read
           | without your cooperation, what then?
           | 
           | It comes down to three options: accept this possibility and
           | do without the evidence; make it legally required to unlock
           | the files, with a punishment at least as severe as you're
           | facing for the actual crime; or outlaw impregnable safes.
           | 
           | There doesn't seem to be any consensus yet about which
           | approach is correct. We see all three in action in various
           | places.
        
           | btilly wrote:
           | There are two questions that come up.
           | 
           | 1. How wide is the search net dragged?
           | 
           | 2. Who can ask for access?
           | 
           | The first shows up in court cases about things like "which
           | phones were near the crime" or "who in the area was talking
           | about forest fires to ChatGPT?" If you sweep the net far
           | enough, everyone can be put under suspicion for something.
           | 
           | A fun example of the second from a few years ago in the New
           | York area was toll records being accessed to prove affairs.
           | While most of us are OK with detectives investigating murders
           | getting access to private information, having to turn it over
           | to our exes is more questionable. (And the more personal the
           | information, the less we are OK with it.)
        
         | freejazz wrote:
         | >In reality, Uber records and conflicting statements
         | incriminated him. He seems to be the one who provided the
         | ChatGPT record to try to prove that the fire was
         | unintentional.[1]
         | 
         | Do you think OpenAI wont produce responsive records when it
         | receives a lawful subpoena?
        
           | rererereferred wrote:
           | In this age I'd assume the NSA already has such records.
        
             | jeffbee wrote:
             | It's better to keep a level head about such things. It's
             | quite obvious that the NSA does not have the facilities to
             | simply intercept and store everything.
        
             | freejazz wrote:
             | Not sure what that would have to do with a subpoena to
             | OpenAI
        
         | coldtea wrote:
         | > _The headline and article try to bias and frame the story to
         | make people question: "Is OpenAI snitching on me?"_
         | 
         | And very rightly so, regardless if Uber records incriminated
         | this person.
        
       | AIrtemis wrote:
       | pretty interesting that cloud data is not covered by the 4th
       | amendment. I wonder if we'll push for on-prem storage of context
       | and memories as our relationship with AI gets more personal and
       | intertwined.
        
         | coliveira wrote:
         | I don't have a personal relationship with AI, and strongly
         | suggest that people stay away from AI for personal matters.
        
           | typpilol wrote:
           | I still haven't once talked to an LLM for personal reasons.
           | It's always been to get information.
           | 
           | Talking to an LLM like a human is like talking to a mirror.
           | You're just shaping their responses based on what you say.
           | Quite sad to see stuff like the "myboyfriendisai" reddit
        
             | fl0id wrote:
             | So perfect if ppl want their partner to be molded a certain
             | way
        
         | eurleif wrote:
         | The article states that OpenAI only discloses user content with
         | a search warrant. How did that lead you to believe that it's
         | not subject to the fourth amendment?
        
         | rpdillon wrote:
         | Third-party doctrine pretty much excludes anything in the cloud
         | from the 4th amendment.
         | 
         | https://en.wikipedia.org/wiki/Third-party_doctrine
        
         | loeg wrote:
         | Hasn't happened yet. Why would it change now?
        
       | renewiltord wrote:
       | I sure hope that cats in military uniforms don't invade NYC
       | because they're going to find the evidence on my ChatGPT account.
        
         | gpm wrote:
         | Are we talking house cats here, or full grown lions, or
         | gozilla-cats?
         | 
         | Godzilla cats really seems like it needs a movie.
        
       | hannasanarion wrote:
       | This title is misleading. The article doesn't say that the chat
       | history will be used as evidence, only that it exists. Whether it
       | can be used in court is an unsettled question, as explained in
       | the last few paragraphs.
        
         | nightpool wrote:
         | How is it unsettled? If they got a warrant for it, what would
         | prevent them from using it as evidence?
        
           | beefnugs wrote:
           | Another thread says they tried to use his past "drawing a
           | fire related photo" to try and paint him as some kind of
           | pyromaniac. These clods just cant help themselves but to
           | prove AT THE FIRST CHANCE that they will twist and abuse
           | anything they can get their hands on to paint some kind of
           | picture. Its hilarious that they cant even keep this in their
           | back pockets to wait for a real real bad hard to persecute
           | criminal to use it on either
        
             | exe34 wrote:
             | it's like not speaking to the police - but it's everything
             | you have ever said/asked for in your life outside of
             | talking to yourself in the shower. or at least it's getting
             | there.
             | 
             | a lot of people, especially younger ones, seem to use
             | chatgpt as a neutral third party in every important
             | decision. so it probably has more extensive records on
             | their thoughts than social media ever did. in fact, people
             | often curate their Instagram feeds - but chatgpt has their
             | unfiltered thoughts.
        
           | sidewndr46 wrote:
           | Judges can refuse to admit anything they want, or give jurors
           | instructions of any kind about how to consider evidence in
           | relation to a crime. About the only thing a judge can't do is
           | fabricate evidence themselves.
        
       | rafram wrote:
       | > But more curious than the allegation that a Florida man was
       | responsible for setting a small brush fire on the other side of
       | the country
       | 
       | As far as I've heard from other articles, he lived in the
       | Palisades at the time and worked as an Uber driver there. He
       | moved to Florida after the fire. This is not very well
       | researched.
        
         | smt88 wrote:
         | Rolling Stone has not been a serious publication for quite some
         | time
        
       | dylan604 wrote:
       | "This felony charge, he added, carried a mandatory minimum prison
       | sentence of five years in federal prison but is punishable by up
       | to 20 years in prison."
       | 
       | Are the 12 deaths separate charges? A sentence of 5-20 years
       | seems very light for 12 deaths. This article is clearly focused
       | on the AI aspect of it, so it doesn't cover the charges at all
       | really.
        
         | dawatchusay wrote:
         | Please correct me if I'm wrong but it's my understanding he
         | didn't start the fire that burned much of the Palisades; he
         | started a fire that was put out (or at least was claimed to be
         | so) which rekindled later and the rest is history.
        
           | parineum wrote:
           | Did he start the fire knowing it could kill people? Did his
           | actions lead to the death of people?
           | 
           | That seems clear cut first degree murder to me, as I
           | understand it (I'm not sure if it requires a specific person
           | to be murdered but a pre-meditated act that kills people
           | seems like it'd qualify to me).
        
             | bilekas wrote:
             | > Did he start the fire knowing it could kill people? Did
             | his actions lead to the death of people?
             | 
             | I think those things are to be decided in court. As for the
             | charges and times, it's mentioned only the ranges for arson
             | but there's nothing to stop them bringing charges of
             | manslaughter for example. They'll build evidence and charge
             | as such. It's the process.
        
             | mschuster91 wrote:
             | > Did he start the fire knowing it could kill people?
             | 
             | Leaving aside the fact that we don't know yet _if_ he
             | actually started the fire: anyone who starts any fire
             | without appropriate control measures (like extinguishers or
             | containing the fire in something made to contain it) can
             | theoretically be charged under the law for negligence - and
             | practically will, if things go south.
             | 
             | And in a time where there's ample fuel for fires on the
             | ground and the weather conditions are favorable to large
             | fires (e.g. hot, low humidity, clear skies and strong
             | winds) _any_ kind of fire (even smoking - cigarette butts
             | thrown out of car windows are a particularly bad fire
             | source in Croatia) can quickly escalate into a full blown
             | forest fire. Even things that one would not even perceive
             | to be dangerous can cause fires... an all too common
             | occurrence is a diesel car with a freshly regenerated DPF
             | that 's being parked on a parking lot that used to be
             | overgrown with weed that's now dried out. The heat from the
             | DPF is massive enough (> 500 degC) to lead to ignition of
             | dried-out weeds (~ 300 degC).
             | 
             | So, it's not a stretch to assume that anyone starting an
             | open fire should know it might escalate into a deadly
             | disaster. And even the reckless cases that I mentioned
             | (smokers, car drivers) can be charged as manslaughter here
             | in Europe.
        
             | 542354234235 wrote:
             | It is possible and has precedent. Raymond Lee Oyler was
             | convicted of first-degree murder for starting the Esperanza
             | Fire. Five firefighters died fighting the fire.
             | 
             | >Raymond Lee Oyler, 54, of Beaumont, was sentenced to death
             | for starting the Esparanza Fire in October 2006. He was
             | convicted of five counts of first-degree murder, 19 counts
             | of arson and 16 counts of possessing incendiary devices.
             | https://kesq.com/news/2025/05/05/ca-supreme-court-upholds-
             | de...
             | 
             | https://en.wikipedia.org/wiki/Esperanza_Fire
        
             | philwelch wrote:
             | It's certainly felony murder.
        
           | chris_va wrote:
           | (I am not a lawyer)
           | 
           | You may find the "Thin skull rule" interesting for criminal
           | liability
        
           | etiennebausson wrote:
           | The fire would not have rekindled had it not been started in
           | the first place.
           | 
           | Liability would still be on him.
        
             | irl_zebra wrote:
             | This reasoning would lead to such absurd results in real
             | life, and I am thankful no courts of any country or
             | jurisdiction follow this logic.
             | 
             | For those reading: this is the difference between proximate
             | cause and actual cause. Yes it's true that but for the fire
             | being started in the first place, the fire would not have
             | rekindled. But once professional firefighters arrive to put
             | out the fire, it's not foreseeable by a normal person that
             | the fire could be rekindled, so that person wouldn't be
             | liable. The harm is too remote. The firefighters may even
             | be grossly negligent because they are professionals,
             | intervened, and the fire rekindled. A person negligently
             | failing to fully extinguish their own fire would lead to
             | liability, though.
        
               | pie_flavor wrote:
               | Extremely incorrect. He set the fire and the fire burned
               | down Malibu. The presence of emergency services does not
               | affect whether he set the fire that burned down Malibu.
               | Whether they succeed or fail in their job of limiting the
               | impact of your crime does not affect whether you
               | committed the crime.
        
           | pie_flavor wrote:
           | He started a continuous combustion reaction, and Malibu was
           | destroyed by the continuance of that combustion reaction.
           | Whether at some point the orange light it was giving off
           | dimmed a bit is not very interesting. He committed the crime;
           | then emergency services tried to mitigate the damage but
           | failed. These are two fully separate things.
        
             | nashashmi wrote:
             | Were not the LA fire occurring in three different locations
             | at the same time?  It could not have been started by the
             | same smoldering ash.
        
             | jjk166 wrote:
             | > He started a continuous combustion reaction, and Malibu
             | was destroyed by the continuance of that combustion
             | reaction. Whether at some point the orange light it was
             | giving off dimmed a bit is not very interesting.
             | 
             | So they can prove that this was one continuous combustion
             | reaction? They can show beyond reasonable doubt that,
             | despite the observations of the fire going out that
             | convinced a team of firefighting professionals that it had
             | stopped, it in fact continued and nothing else ignited a
             | new fire in this location where fires naturally occur?
        
         | dabinat wrote:
         | They are not (yet) charging him with the deaths, only the fire
         | damage.
        
         | evan_ wrote:
         | If they get a conviction in this case they will use that to
         | support murder charges. The arson charges are easier to
         | prosecute and try and if he's convicted it will make the other
         | case simpler.
        
       | thaumasiotes wrote:
       | Hmmm.
       | 
       | I have a "saved" history in Google Gemini. The reason I put
       | "saved" in scare quotes is that Google feels free to change the
       | parts of that history that were supplied by Gemini. They no
       | longer match my external records of what was said.
       | 
       | Does ChatGPT do the same thing? I'd be queasy about relying on
       | this as evidence.
        
         | x______________ wrote:
         | Could you post some details about this or make a write-up? I'd
         | be interested in reading more about this.
        
           | thaumasiotes wrote:
           | I'm not sure what details would add. What happened:
           | 
           | 1. I engaged with Gemini.
           | 
           | 2. I found the results wanting, and pasted them into comment
           | threads elsewhere on the internet, observing that they tended
           | to support the common criticism of LLMs as being "meaning-
           | blind".
           | 
           | 3. Later, I went back and viewed the "history" of my "saved"
           | session.
           | 
           | 4. My prompts were not changed, but the responses from Gemini
           | were different. Because of the comment threads, it was easy
           | for me to verify that I was remembering the original exchange
           | correctly and Google was indulging in some revision of
           | history.
        
             | kshacker wrote:
             | Not trying to excuse google but wonder why that happens. I
             | have had my own issues with ChatGPT memory but that's more
             | like it forgets the context and spits out something
             | gibberish at a later invocation counter to what it said
             | earlier in the thread. But that's because it is buggy.
             | 
             | Rewriting history requires computes which is more
             | malicious. Why would someone burn compute to rewrite your
             | stuff given that rewrites are not free? Once again not
             | defending google trying to think through what's going on.
        
               | thaumasiotes wrote:
               | My best guess is that when they changed the model backing
               | "Gemini" they regenerated the conversations.
               | 
               | I can't think of any reason it would make sense to do
               | that, though.
        
               | jonbiggums22 wrote:
               | Maybe they use some kind of response caching to save
               | resources and the original pointer is now pointing to a
               | newer response to the same question? Still would be an
               | insane way to do that for a history log unless they're
               | trying to memory hole previous instances of past poor
               | performances or wrong think.
        
             | IIAOPSW wrote:
             | The fact that this happened and that you have evidence of
             | it make it enormously interesting even if the actual
             | substance of the prompts and the response are mundane as
             | hell. Please post.
        
             | crazygringo wrote:
             | If this is verifiably true, you should contact a
             | journalist. Meaning if it's still in your Gemini history
             | and the comments you posted are still up.
             | 
             | This would be a major tech news story. "Google LLM
             | rewriting user history" would be a scandal. And since
             | online evidence is used in court, it could have significant
             | legal implications. You'd be helping people.
             | 
             | This is much too important to merely be a comment on HN.
        
         | kevin_thibedeau wrote:
         | ChatGPT will generate output and immediately censor it if some
         | oversight code deems it problematic. Ask about court decisions
         | in sex crime cases without being creepy and you can see it in
         | action.
        
       | mmaunder wrote:
       | Can't wait for the "Did ChatGPT Burn Down Palisades?" headline.
        
         | bn-l wrote:
         | "He's called the AOL killer and he's using something called
         | 'chatrooms' to lure people in. Tonight, the dark side of
         | cyberspace."
        
       | dvfjsdhgfv wrote:
       | I don't get these people. I get nervous to type even something
       | like "why in movies people throw up after killing someone" in
       | Google, even in incognito mode. Why would anyone put something
       | even remotely incriminating into the hands of another company?
        
       | phendrenad2 wrote:
       | If anyone's wonder if this guy was really the cause of the
       | Palisade's fire: No, probably not. His reportedly erratic and
       | eccentric behavior tells me he's probably not mentally capable of
       | standing trial. Normally the government would just shrug, call it
       | an act of nature, and move on. But for some reason they're going
       | out of their way to pin this fire on someone.
        
         | ghtbircshotbe wrote:
         | I don't know how they would establish causality (for the major
         | fire and deaths) beyond a reasonable doubt when the fire he set
         | was seemingly put out and the entire region is a tinderbox.
         | Whatever his crimes, he seems like a convenient scapegoat for
         | larger systemic failures.
        
         | phendrenad2 wrote:
         | If I can tin-foil-hat a bit, wouldn't it make sense if ruling
         | the fire an act of arson would be favorable to someone with
         | power, such as the Malibu landowners or the insurance
         | companies? If anyone wants to "cui bono" their way to an
         | article about it I'd be interesting in reading that.
        
       | labrador wrote:
       | "Sam Altman warns there's no legal confidentiality when using
       | ChatGPT as a therapist"
       | 
       | https://techcrunch.com/2025/07/25/sam-altman-warns-theres-no...
        
       | datahiker101 wrote:
       | Remember folks, your AI chats are like text messages, they're not
       | private diaries.
        
       | nusl wrote:
       | Strange. The article says that he made the fire, called first
       | responders, who put the fire out. The fire continued to smolder
       | before reigniting in later winds.
       | 
       | If you cause a problem, report it, then the authorities
       | responsible for dealing with those problems take care of it and
       | go home, what does it mean?
       | 
       | Are the authorities then partially responsible for not ensuring
       | the fire was put out properly before leaving the area?
       | 
       | Is he even guilty at all given that he filled his duty and
       | reported the problem after unintentionally causing it?
        
         | pie_flavor wrote:
         | This all hinges on the word 'unintentionally', which is not at
         | all how the law sees it. Arson has a forty year maximum for a
         | _good reason_ , because fire tends to spread and cause a lot
         | more damage than anyone predicted. You are not exonerated of
         | responsibility just because emergency services showed up. You
         | are, to a first approximation, responsible for _all damage
         | done_.
        
           | bdowling wrote:
           | Arson is also an inherently dangerous felony, which is why
           | when someone dies because of arson, the arsonist can be
           | charged with murder.
        
             | javier123454321 wrote:
             | I'd imagine manslaughter would be more applicable in the
             | situation above.
        
               | tialaramex wrote:
               | The requirement for murder is typically: 1) You intended
               | serious harm to a person 2) The person died. So yeah, "I
               | wanted to start a big fire" != "Intent of serious harm".
               | Negligent sure, but that's not enough for Murder.
               | 
               | However many US states have a "felony murder rule" which
               | as I understand it says if you did something that
               | resulted in death, and it was in the course of a felony
               | then it can be tried as murder. Most of them rule out
               | some felonies (felony assault + death => murder is a
               | stupid way to apply such a rule and so is usually ruled
               | out) and some only rule in a handful like rape and prison
               | escapes, but felony arson + death => murder might play.
        
               | btilly wrote:
               | Not according most states.
               | 
               | The distinction between murder and manslaughter is malice
               | aforethought. For first degree murder, you must have
               | intended the death of a particular person. For second
               | degree murder, you need only have known that you could
               | kill someone, and did it anyways. This specifically
               | includes things done with extreme recklessness.
               | 
               | So to prove second degree murder you need to show 1) you
               | intentionally did something, 2) you knew (or should have
               | known) it could kill someone, and 3) someone died.
               | 
               | These can be proven for arson. You have to prove the
               | intent to start the forest fire. Everyone knows (or
               | should know) that forest fires can kill people. You have
               | to prove that someone died from the fire.
               | 
               | That is why arson qualifies as second degree murder. Just
               | like, say, failing to maintain the brakes on a fleet of
               | trucks. (True story. My nephew was the unlucky driver of
               | such a truck whose brakes failed...)
        
               | OkayPhysicist wrote:
               | The felony murder rule completely sidesteps this. For
               | felony murder, all the prosecution needs to establish is
               | 1) you committed a listed felony (arson is included) and
               | 2) someone died because of your actions.
               | 
               | The textbook example is running someone over while
               | fleeing the scene of a robbery. You didn't have mens rea
               | for murder, the crime you intended to commit was robbery.
               | But you _chose_ to commit a felony, and someone did die
               | because of it. Not only that, it 's potentially capital
               | murder, because it was for financial gain (Newsom put a
               | moratorium on felony murder death sentences, so that's
               | not a thing at the moment).
        
               | btilly wrote:
               | Many crimes violate the law in multiple ways. Arson can
               | be charged as both a felony murder and a second degree
               | murder.
               | 
               | It is easier to prove the felony murder. Was it on the
               | list of felonies? To prove the second degree murder, you
               | have to demonstrate "extreme recklessness". Prosecutors
               | will often pile up multiple charges like this. To give
               | the jury as many options as possible to convict.
               | 
               | I'm not a lawyer. But in this case the fact that he
               | called emergency services could be evidence against
               | extreme recklessness, and therefore second degree murder.
               | But felony murder still fits.
        
               | btilly wrote:
               | The distinction between manslaughter and second degree
               | murder isn't the intent to see someone die, it is the
               | intent to do the possibly lethal thing.
        
               | javier123454321 wrote:
               | That's really clearly put.
        
         | Spivak wrote:
         | To add to this, even the government isn't sure they can get the
         | case that he intentionally / maliciously started the fire to
         | stick which is why their official complaint is going for
         | recklessness / negligence.
         | 
         | The case for malicious intent is extremely flimsy and based
         | entirely on circumstantial evidence. The strongest piece of
         | evidence they have for arson is that he threatened to burn down
         | his sister's house but here's the thing, it would be extremely
         | unusual for an arsonist to switch from targeted arson based on
         | anger or revenge to thrill seeking arson setting unmotivated
         | fires.
        
           | ratelimitsteve wrote:
           | >it would be extremely unusual for an arsonist to switch from
           | targeted arson based on anger or revenge to thrill seeking
           | arson setting unmotivated fires
           | 
           | This is all pet theories and silliness for purposes of
           | discussion. I freely admit that I haven't built a case here
           | that's strong enough to withstand even a gentle poking by an
           | opponent.
           | 
           | I don't know as much about arson but I did go through the
           | same serial killer phase as every morose teen and one of the
           | things that stuck with me is the way that some offenders
           | escalate from simple peeping and stalking all the way up to
           | murder. Another thing that stuck with me is how in some cases
           | when there is an intended victim, esp for revenge, an
           | obsessed mind will often hone in on a single characteristic
           | of the intended victim then transfer victimhood to strangers
           | based on that characteristic. The woman who "wronged" you is
           | a skinny blonde who smokes cigarettes so you go out looking
           | for skinny blondes who smoke cigarettes to victimize in her
           | stead because in your unconscious brain that matches the
           | pattern of behavior that would soothe the wounded entitlement
           | of the offender. Given these facts about the nature of
           | obsessive, vengeance-oriented crime and the fact that the
           | serial killer/arsonist crossover is so common that arson is
           | one of the mcdonald triad of behaviors common to serial
           | killers there's a non-zero possibility that we're seeing a
           | revenge fantasy transferred to another victim. There's also
           | the fact that obsessed criminals tend to want to roleplay or
           | practice and a lot of times their first "serious" crime is
           | one of these roleplay/practice sessions getting out of
           | control. This feels like that to me though I can't prove it.
           | It's like he wanted to see what starting a fire would be
           | like, assumed that the local VFD would get it under control
           | and in doing so would also give him an idea of what the
           | response looked like so he could optimize for escape, then
           | either it got out of control or he tried to inject himself
           | into the emergency response (another common thing among
           | obsessed criminals, many like to relive the crime by being
           | part of the investigation, like to tease investigators by
           | being right under their nose or believe that by injecting
           | themselves into the investigation they can steer it away from
           | them).
           | 
           | Again, does any of this hold up in a court of law? Of course
           | not. Does it hold up in a court of a thread on a post on HN?
           | Maybe, we're here to talk and I'm of a mind that we didn't do
           | anything to fix w/e it was that made people serial killers
           | but there aren't really any serial killers anymore so
           | something must have happened to that behavior. Perhaps
           | stranger arson is a way that the same drivers that led to
           | serial murder before the ~~panopticon~~internet are driving
           | new behaviors now. Intuitively I'm highly confident that the
           | stranger spree killings we see now are driven by those same
           | pressures in a lot of perpetrators and the change in MO is
           | about taking advantage of lag time in law enforcement's
           | ability to correlate facts. Before the internet you could
           | drive a few hours' down the road and start using a new name
           | and unless your old name was already in the system there was
           | basically no way for anyone to know. Obsessed criminals could
           | offend, disappear and wait it out. Nowadays we're really good
           | at ID'ing an offender so obsessive murders have to be one and
           | done, but another strategy could be crimes that are small
           | enough that they don't trigger the kind of dragnet response
           | that involves things like checking all the CCTV cameras in a
           | ten mile circle around the crime and things like that.
           | 
           | edit: everyone seems focused on the "serial killer phase"
           | line that was really intended to be a throwaway. I just mean
           | that I read a lot about them and thought it was shocking and
           | cool to have a "favorite". Gross shit, but I assure you no
           | one was ever in any amount of physical or psychic danger
           | beyond declaring me a pizza cutter (all edge and no real
           | point).
        
             | kaikai wrote:
             | > I did go through the same serial killer phase as every
             | morose teen
             | 
             | I'm sorry, what? As a former morose teen, I can assure you
             | that a "serial killer phase" is not a universal experience
        
               | jlund-molfese wrote:
               | That line read weird to me too, but I think GP meant an
               | interest in true crime documentaries.
        
               | iamnothere wrote:
               | I'm not sure, most of the people I know who like true
               | crime/murder porn are not exactly "morose". (But I do
               | find their interest unsettling.)
               | 
               | When I was a kid, some teens who were into darker themes
               | (not all but definitely some) had a phase where they were
               | interested in serial killers. It always struck me more as
               | shallow "edgy teen" posturing than anything else. After
               | Columbine this demographic moved on to other interests,
               | as even a performative interest in real-world violence
               | could lead to official harassment.
        
               | ratelimitsteve wrote:
               | > It always struck me more as shallow "edgy teen"
               | posturing than anything else
               | 
               | Comment OP here: it was exactly this; the safest, most
               | boring possible way to be transgressive. I didn't talk
               | about it as much as other kids who were like this, so I
               | didn't have to stop once people started to actually
               | care/respond, but I did go from keeping my Harold
               | Schechter books on my bookshelf to in a special box in my
               | closet. Merely knowing about these things gave me a
               | little secret thrill like I was some sort of badass with
               | extreme psychic warding able to go into some secret space
               | that most people couldn't stand. In reality I was just
               | desensitized cuz abusive mom and I'm really glad I grew
               | out of it before I got to the part some kids get to where
               | learning isn't enough and they start experimenting.
        
             | kayodelycaon wrote:
             | > I did go through the same serial killer phase as every
             | morose teen
             | 
             | I had unmedicated bipolar 1 as a teenager. If anyone was
             | going to go through a serial killer phase I would have.
             | 
             | Even as an adult I had some pretty bad episodes prior to
             | being diagnosed early thirties. My brain went some pretty
             | bad, dark places but it never went to serial killer.
             | 
             | I can only hope that you're mistaken on what a serial
             | killer actually is. Mass murderer and spree killing,
             | depraved as they are, have motives that are recognizable by
             | the average person. Serial killer is a special kind of
             | insanity.
        
               | fwip wrote:
               | I think they meant "interested in serial killers," not
               | "likely to become a serial killer."
        
               | kayodelycaon wrote:
               | That would make a lot more sense. I was raised on Law and
               | Order: SVU. I don't think I've ever stopped being
               | interested...
        
             | iamnothere wrote:
             | > I'm of a mind that we didn't do anything to fix w/e it
             | was that made people serial killers
             | 
             | The end of leaded gasoline may play a significant role.
             | And/or a reduction in other chemical hazards. Violence was
             | already declining pre-panopticon.
             | https://en.wikipedia.org/wiki/Lead%E2%80%93crime_hypothesis
        
               | ratelimitsteve wrote:
               | I don't necessarily disagree with the idea that lead has
               | caused a lot of issues in our society including some
               | amount of criminality, but it's worth noting that Bentham
               | coined the idea of the panopticon in the 18th century,
               | and Focault and Deleuze were both talking about it as
               | though it already existed by the 1970s. The panopticon
               | has certainly grown into its paws since then, but the
               | idea of a society where anyone could be under
               | surveillance and therefore where everyone would always
               | act as though they're under surveillance is older than
               | the lead ban. The article you link to even references
               | Levitt and Donohoe attributing some of the crime drop to
               | increased police presence, which is the kind of
               | surveillance that a lower tech society could use to
               | implement the panopticon. You'll get no argument from me
               | that it's several orders of magnitude more efficient now
               | than it was in the 90s, but it was developing before the
               | ban on lead in gasoline if we use that as our arbitrary
               | line in the sand between pre- and post-lead eras.
               | 
               | You did, however, allude to one of my favorite facts
               | about violent crime in America: far from being a cause of
               | violent crime, the rise of violent video games has been
               | correlated with the most dramatic drop in crime in all of
               | recorded history. That's right y'all, it's at least
               | arguable that not only did Doom not inspire violence, it
               | may have actually made us safer.
        
               | kevin_thibedeau wrote:
               | > were both talking about it as though it already existed
               | by the 1970s.
               | 
               | Electronic data brokers started in the 1950s. The early
               | decades were less insidious but the box was opened.
               | Invasive government electronic surveillance started
               | before Google was founded.
        
           | kodt wrote:
           | Isn't lighting any fire in the woods during dry conditions
           | inherently malicious?
        
             | stuffn wrote:
             | A hot exhaust could cause a fire in the woods during dry
             | conditions. Would you consider this malicious behavior if
             | you idled your car to take a photo and something smoldered
             | you didn't notice? Negligent perhaps, but malicious?
        
         | ratelimitsteve wrote:
         | two things:
         | 
         | 1) this whole case hinges on intentionality and the gov't
         | intends to prove that he set the fire intentionally. part of
         | the chatgpt history is images he generated of fires and people
         | running from fires. If he intentionally set a fire in a
         | wildfire-prone area it doesn't matter that he didn't intend it
         | to be a wildfire or anything he did after he set the fire.
         | 
         | 2) If you'd like to have emergency services that are either
         | prohibitively expensive or simply nonexistent, one great way to
         | do that is to make first responders responsible for not doing a
         | good enough job in their responses. I'm honestly not sure what
         | we'd do in cases of blatantly neglectful behavior by a first
         | responder during an emergency response, but beyond intentional
         | malpractice we generally extend an assumption of good faith to
         | anyone who bothers to show up and help during an emergency like
         | this. The first time I get sued for not putting a fire out fast
         | enough or completely enough is the last time I put out a fire.
        
         | throwmeaway222 wrote:
         | I mean everyone sees this stuff differently. In my opinion
         | everyone is allowed to carry a gun (above 18, not crazy,
         | etc..). If you take a loaded gun and aim it at someones head
         | and force them to empty a cash register into a bag, I
         | personally believe that person should NEVER be allowed in
         | society ever again in their lifetime. (Yeah that's not how it
         | all works). But you were willing to let that person be within
         | strands of their life not existing. If they reacted in the
         | wrong way - not even intentionally, the gunman will shoot. If
         | they try to fight back because they didn't agree to empty the
         | cash register, the gunman shoots.
         | 
         | That's an extreme situation that the gunman put someone in.
         | Imagine it being YOU. Now if you could be the LAST person that
         | gunman ever put in that situation, would you allow them to go
         | to jail forever? Because if that's the case, the number of
         | people in that situation ever again goes from millions to a few
         | thousand over the next 1000 years. And many of those people
         | will REACT and die.
         | 
         | So when someone starts a fire, they were like the gunman. They
         | were willing to let a lot of people die. Then realizing they
         | were wrong, calling the cops, and having them put the fire out,
         | that's the same as the situation as going into 7-11 and aiming
         | the gun, but then putting it down and walking out. But they
         | still risked someone else's life! What if they accidentally
         | slipped their finger? Employee DEAD.
         | 
         | So it's really the same thing. All that being said, I do grant
         | that the waters are muddied at this point with the legal
         | system. The person still deserves to be separated from civil
         | society. He is not CIVIL!
         | 
         | And even though the legal system's waters are muddied, his
         | original actions resulted in 12 people dying. The firefighters
         | that were incompetent are not originally responsible for those
         | 12 deaths.
         | 
         | The reason I want maximum punishment is that it works, it does
         | deter. In this legal system of course there's a 50/50 those 12
         | people will have died without being avenged at all (and their
         | families - all that are affected), and a 90% chance (if he is
         | found responsible) those 12 people will get this guy in jail
         | for 10 years. And because of those chances, people decide, that
         | fuck even if I'm caught, it seems like in the last 10 years
         | there is a VERY low chance of punishment. Punishment is very
         | important in this world and life. I'm not talking about capital
         | punishment.
         | 
         | A lot of people disagree with all of this, I personally think
         | they have suicidal empathy. They have no empathy to the
         | thousands of people that died from other peoples intentional
         | actions - actions those people KNEW they might end up killing.
         | They have too much empathy for the attacker. It's massive
         | victim blaming.
        
           | kayodelycaon wrote:
           | People aren't robots that think through every single
           | decision. Arson happens frequently and nobody dies. Death is
           | a rare consequence and the arsonist didn't intend to kill
           | someone, it feels like an accident, not murder.
           | 
           | This is how humans work. We work on probability and
           | approximation. We often act based the consequences of our
           | intentions, not the consequences of our actions.
           | 
           | Someone that learns the consequences of their actions,
           | regrets the harm they inflicted, and changes their behavior
           | as a result, is not the same danger to society they were
           | before. In fact society would be better off reintegrating
           | them because they'll tell others not to do the same thing.
           | 
           | I'm not exactly sure where to fit this in, but people change.
           | A society that makes vengeance the only rule, where death is
           | punished with death, regardless of a person's intentions, is
           | an authoritarian nightmare.
        
             | throwmeaway222 wrote:
             | You're thinking on an individual level. What happens at a
             | societal level. Crime goes down!
             | 
             | Also, an accident is if a party had fireworks and the fire
             | got out of control. Arson is definitely not an accident if
             | someone dies.
             | 
             | Regarding "people change" argument. I'm not advocating for
             | the death penalty. I'm advocating that we separate non-
             | civil and civil society. If that takes the shape of the
             | next Australia? Sure, then if someone changes, they're not
             | in jail.
             | 
             | I'm also not advocating for someone non-violently stealing
             | bread to be separated from society. Those people can
             | change.
             | 
             | Someone that at one moment of their life decides that
             | someone else's is worthless because they want the contents
             | of a cash register? Remove them from civil society.
        
           | ShrimpHawk wrote:
           | > The reason I want maximum punishment is that it works, it
           | does deter
           | 
           | People disagree with you not of opinion but because you are
           | factually wrong.
           | 
           | "Evidence shows lengthy prison terms do not have a
           | significant deterrent effect on crime"
           | https://ccla.org/criminal-justice/no-longer-prison-
           | sentences...
           | 
           | "Research Shows That Long Prison Sentences Don't Actually
           | Improve Safety" https://www.vera.org/news/research-shows-
           | that-long-prison-se...
        
             | throwmeaway222 wrote:
             | most of this research is fake you know.
             | 
             | For example this was going around for a long time:
             | 
             | https://www.brennancenter.org/our-work/analysis-
             | opinion/debu...
             | 
             | Then this happened in 2025 when there was a crack-down on
             | crime:
             | 
             | https://counciloncj.org/crime-trends-in-u-s-cities-mid-
             | year-...
             | 
             | Also, 1% of the population is responsible for most of the
             | crime
             | 
             | https://pmc.ncbi.nlm.nih.gov/articles/PMC3969807/
             | 
             | So if you end up jailing people, the crime just goes down.
             | 
             | Also, then if that's true, then cancel all murder prison
             | sentences!
        
               | drdaeman wrote:
               | I don't understand the argument here. Both can be true,
               | as those two statements don't really conflict:
               | 
               | 1. Longer sentences could have no effect on crime rates.
               | 
               | 2. Persecuting people for crimes lowers crime rates.
               | 
               | Honestly, to me it reads as "law enforcement is a good
               | idea, prolonged incarceration is questionable".
        
               | throwmeaway222 wrote:
               | I'm too lazy/busy right now to get you effective links
               | (debugging a database migration right now) but Google AI
               | said this:
               | 
               | Reported effects of CECOT on crime
               | 
               | Reduction in crime rates
               | 
               | Since Bukele declared a state of emergency in March 2022
               | and began mass arrests, El Salvador's crime rates have
               | plummeted.                   Homicide rate decline: The
               | country's homicide rate fell from 103 per 100,000 people
               | in 2015 to just 1.9 per 100,000 in 2024, one of the most
               | drastic reductions in recent history.         Increased
               | public safety: Many Salvadorans, long subjected to
               | extortion and violence by powerful gangs, report feeling
               | much safer on the streets.
               | 
               | A large part of Cecot is the idea of "permanent prison".
               | I would say your entire argument is completely debunked.
        
               | dabinat wrote:
               | Your argument only covers a three year period. How does
               | that prove that long prison sentences reduce crime?
        
         | e40 wrote:
         | The controlled burn in 1991 turned into the firestorm of 1991
         | that took out almost 3,000 homes and killed 25.
         | 
         | It seems firefighters are not conservative enough when it comes
         | to putting out fires, at least in these 2 cases.
         | 
         | https://en.wikipedia.org/wiki/Oakland_firestorm_of_1991
        
           | zymhan wrote:
           | Odd conclusion to draw from only two data points over 30
           | years apart.
        
       | rank0 wrote:
       | I would like to know if OpenAI is able to supply this information
       | to law enforcement even if their user's history has been cleared.
        
         | maples37 wrote:
         | Is there any reason to believe that deleting a ChatGPT
         | conversation is anything more than "UPDATE conversations SET
         | status='user_deleted WHERE conversation_id=..."?
        
           | rank0 wrote:
           | Don't get me wrong, I am highly skeptical. I also am
           | genuinely curious because it seems to be in their best
           | interest to delete these records for a few reasons:
           | 
           | 1. Adherence to their own customer-facing policy. 2.
           | Corporate or government customers would CERTAINLY want their
           | data handling requirements to be respected. 3. In my
           | experience at $MEGA_CORP, we absolutely delete customer data
           | or never maintain logs at all for ML inference products. 4.
           | They're a corporation with explicit goal of making money.
           | They're not interested in assisting LE beyond minimum legal
           | requirements.
           | 
           | But still I wonder what the reality is at OpenAI.
        
             | heavyset_go wrote:
             | > _They're a corporation with explicit goal of making
             | money. They're not interested in assisting LE beyond
             | minimum legal requirements._
             | 
             | Having a good relation with LE and the state is beneficial
             | to companies, it puts them in a good position to sell them
             | services, get preferential treatment, quid pro quo, etc.
             | 
             | Look at how Google, Microsoft, Amazon etc cozied up to LE
             | and the government. They get billion dollar contracts,
             | partnerships with LE and the more they cooperate willingly,
             | the less likely they'll be sued into cooperation or
             | punished with loss of contracts.
        
       | exabrial wrote:
       | All I can say is GOOD.
       | 
       | If a person is suspected of committing a crime, and police obtain
       | a specific, pointed, warrant for information pertaining to an
       | individual, tech companies have a moral obligation to comply, in
       | the best interests of humanity.
       | 
       | If law enforcement or spy agency asked for a dragnet warrant like
       | "find me all of the people that might be guilty of XYZ" or "find
       | me something this individual might be guilty of"; tech companies
       | have a moral obligation to resist, in the best interest of
       | humanity.
       | 
       | The first is an example of the justice system working correctly
       | in a free society; the second is an example of totalitarian
       | government seeking to frame individuals.
        
         | jonny_eh wrote:
         | > the Justice Department's allegations against Rinderknecht are
         | supported by evidence found on his phone
         | 
         | Sounds like they got the info from his phone, not taken from
         | any servers, so this is likely not an example of a tech company
         | "complying".
        
         | bitpush wrote:
         | How do you square this with Apple's pushback few years back
         | against FBI who asked for a specific individual's details.
         | 
         | I'm not taking sides, but it sounds like if ChatGPT cooperating
         | with LE is a Good Thing (TM), then Apple making a public
         | spectacle of how they are not going to cooperate is .. bad?
         | 
         | I'm fully aware that Apple _might_ not even be able to provide
         | them the information, which is a separate conversation.
        
           | closetohome wrote:
           | The difference is that in this case OpenAI was able to
           | produce the requested information without compromising
           | security for their other customers.
        
             | SilasX wrote:
             | Right, for the OpenAI case to be analogous, they would have
             | to switch to a system where your chats are homomorphically
             | encrypted -- i.e. OpenAI does all its operations without
             | knowing either the input or output plaintext. In that case,
             | they'd only have encrypted chats to begin with, and would
             | have to somehow get your key to comply with a warrant for
             | the plaintext.
             | 
             | And note: the above scenario is not likely anywhere in the
             | near future, because homomorphic encryption has something
             | like a million times overhead, and requires you to hit the
             | entire database on every request, when state-of-the-art LLM
             | systems are already pushing the limits of computation.
        
           | exabrial wrote:
           | With my current knowledge of the case, I'd say Apple was
           | clearly in the moral wrong and it's a pretty dark mark in
           | their past.
           | 
           | My understanding is the suspect was detained and law
           | enforcement was not asking for a dragnet (at least thats what
           | they stated publicly), and they were asking for a tool for a
           | specific phone. Apple stated the FBI was asking them to
           | backdoor in all iPhones, then the FBI countered and said
           | thats not what they were asking for. Apple then marched
           | triumphantly into the moral sunset over the innocent
           | victims'; meanwhile the FBI then send funds to a dubious
           | group with questionable ethics and ties to authoritarian
           | regimes.
           | 
           | In my opinion, Apple should have expediently helped here, if
           | for no other reason than to prevent the funding of groups
           | that support dragnets, but also out of moral obligation to
           | the victims.
        
             | JKCalhoun wrote:
             | Are you certain Apple _could_ unlock this phone (short of
             | making a software change that compromised all iPhones)?
        
               | exabrial wrote:
               | I make no claim either way nor do I have insider
               | knowledge of what they could and could not do.
        
               | JKCalhoun wrote:
               | Neither do I have inside knowledge.
               | 
               | Instead I am only aware from what has been published that
               | there is the so-called "Secure Enclave" chip in the
               | iPhone hardware manifest that will only give up its
               | secrets to a biometric match, or a user password. That
               | would seem to leave Apple's hands tied?
        
               | ribosometronome wrote:
               | And why would it matter? Even if the capability to create
               | a magic key that unlocked a specific phone remained
               | entirely within a company's hands for future use, why
               | wouldn't the courts just continue to ask them to use it?
               | It's not like the victims of all sorts of other crimes
               | don't have similar don't similarly deserve justice.
               | 
               | Law enforcement at the time was even admitting (which
               | we'd later find out to be correct) that there likely was
               | nothing of value on the phone. It seems fairly obvious
               | that the FBI was trying to use a high profile case to
               | force a paradigm shift. Perhaps we can argue it'd be a
               | good and just one, but arguing that they weren't seems
               | not right.
        
               | morshu9001 wrote:
               | Apple said they could do it. And they didn't tell the FBI
               | they can't do it, they said they don't want to.
        
             | bigyabai wrote:
             | Seeing how strained your good-faith interpretation is has
             | further entrenched my belief that San Bernadino was a false
             | flag operation by the FBI.
             | 
             | There is no world in which a post-PRISM compliant Apple
             | cannot be coerced by the feds for an investigation. It's
             | just a matter of how much pressure the FBI wanted to apply;
             | Apple's colossal marketing win is the sort of thing that
             | you would invent if you wanted to manufacture consumer
             | trust, not "prove" anything to cryptographers. Playing
             | devil's advocate, "authoritarian regimes" are exactly the
             | sort of place you _would_ send the iPhone to if you already
             | had the information and wanted to pretend like it was hard
             | to access.
             | 
             | If we assume a _worst-case-scenario_ where Apple was
             | already under coercion by the FBI, _everything_ they did
             | covers up any potential wrongdoing. It was all talk, no
             | walk. Neither side had to show any accountability, and
             | everyone can go on happily using their devices for private
             | purposes.
        
           | gruez wrote:
           | >How do you square this with Apple's pushback few years back
           | against FBI who asked for a specific individual's details.
           | 
           | See: https://en.wikipedia.org/wiki/Apple%E2%80%93FBI_encrypti
           | on_d...
           | 
           | >Most of these seek to compel Apple "to use its existing
           | capabilities to extract data like contacts, photos and calls
           | from locked iPhones running on operating systems iOS 7 and
           | older" in order to assist in criminal investigations and
           | prosecutions. A few requests, however, involve phones with
           | more extensive security protections, which Apple has no
           | current ability to break. These orders would compel Apple to
           | write new software that would let the government bypass these
           | devices' security and unlock the phones.[3]
           | 
           | That's much more different than OpenAI dumping some rows from
           | their database. If chatgpt was end-to-end encrypted and they
           | wanted OpenAI to backdoor their app I would be equally
           | opposed.
        
             | giancarlostoro wrote:
             | Interesting that it wound up not being Cellebrite, I
             | thought for years it was, I wonder if Cellebrite had people
             | lie to the press that it was them. Really effective
             | marketing.
             | 
             | I agree, the line is at messing with End to End Encryption.
             | If your E2EE has a backdoor ITS NOT END TO END ENCRYPTION.
             | Thanks.
        
               | morshu9001 wrote:
               | It's not exactly E2EE. iPhone storage is locked with a
               | 6-digit numeric passcode in most cases, which is
               | basically no entropy. The whole thing relies on hardware
               | security (the enclave). At least in older phones, that
               | just meant security through obscurity since Apple's trade
               | secrets were enough to unlock it, but maybe newer ones
               | can't be unlocked even by Apple.
        
             | heavyset_go wrote:
             | With CALEA and related laws, companies that don't keep logs
             | can be compelled to surveil certain users from that point
             | forward, even if that means installing hardware/software
             | that keeps logs on them.
        
           | morshu9001 wrote:
           | Yes. I'm glad the FBI was able to crack the phone without
           | Apple's help in that San Bernardino case, which humiliated
           | Apple as a little bonus.
           | 
           | Apple also tried to freak the public out saying the FBI
           | wanted a backdoor added, which was inaccurate. You can't
           | retroactively add a backdoor, that's the whole point of it.
           | FBI wanted Apple to unlock a specific phone, which Apple said
           | they were capable of doing already.
        
         | tshaddox wrote:
         | Does this imply that the tech company has the moral obligation
         | to evaluate the merits of each warrant on a case-by-case basis?
        
           | exabrial wrote:
           | They should resist fishing expeditions. I don't think thats
           | that hard.
        
             | tshaddox wrote:
             | Is that only a function of the number of individuals
             | targeted by a group of warrants? What determines "group
             | membership" of a warrant? It seems like it actually is hard
             | to determine, both for the legal system (there are many
             | controversies in the U.S. about whether dragnet warrants
             | are constitutional and what constitutes a dragnet warrant)
             | and for a company receiving these warrants.
        
         | matthewdgreen wrote:
         | Not good. These tools (from search engines to AI) are
         | increasingly part of our brains, and we should have
         | confidentiality in using them. I already think too much about
         | everything I put into ChatGPT, since my default assumption is
         | it will all be made public. Now I also have to consider the
         | possibility that random discussions will be used against me and
         | taken out of context if I'm ever accused of committing a crime.
         | (Like all the weird questions I ask about anonymous
         | communications and encryption!) So everything I do with these
         | tools will be with an eye towards the fact that it's all
         | preserved and I'll have to explain it, which has a huge
         | chilling effect on using the system. Just make it easy for me
         | not to log history.
        
           | hdseggbj wrote:
           | Just give the ai to user relationship a protection like
           | attorney client privilege.
           | 
           | Edit: ai has already passed the bar exam.
        
             | wizzwizz4 wrote:
             | It only "passes the bar exam" when AI, or some other flawed
             | process, is the examiner. See e.g.
             | https://doi.org/10.1007/s10506-024-09396-9 for a debunk.
        
               | hdseggbj wrote:
               | That's not a debunk. "Calls into question" does not equal
               | "in truth, it failed the exam. "
        
               | hluska wrote:
               | No, it's a debunk. ChatGPT-4 scored in the 48th
               | percentile (15th percentile in essays) amongst
               | individuals that passed the bar exam. That's very poor
               | performance.
        
               | hdseggbj wrote:
               | Thus it scored higher than almost half the humans who
               | _passed_ the test. In other words it too passed the bar.
        
             | hluska wrote:
             | Attorney-client privilege has limits. For obvious reasons I
             | haven't read any affidavits associated with the warrant,
             | but it sure sounds like this would fall outside the bounds
             | of attorney-client privilege.
        
               | matthewdgreen wrote:
               | With an attorney you have a clear sense of when you pass
               | outside of that privilege. With a friend or colleague you
               | have a social sense of what's going to remain
               | confidential, plus memories aren't perfect. "Preserving,
               | recording and reporting every word" is not the same as
               | any of these things. This cannot be the world we all have
               | to live in going forward; it's not safe or healthy.
        
             | jasonfarnon wrote:
             | Seems natural to extend privilege here. People are using it
             | as a therapist.
        
               | Topfi wrote:
               | There are a lot of counterarguments I could bring up, but
               | just of the top, plainly, just because people use LLMs as
               | therapists, lawyers, doctors, deities, doesn't make LLMs
               | such.
               | 
               | My personal believes (we should not rely on models for
               | such things at this stage, let's not anthropomorphize,
               | etc.) to one side, let me ask, do you think if I used my
               | friend Steve, who is not a lawyer but sounds very
               | convincingly like one, to advice me on a legal dispute,
               | that should be covered by attorney client privilege?
               | 
               | Cause, even given the scenario that LLMs suddenly become
               | perfectly reliable enough to verifiably carry out
               | legal/medical/etc. services to a point where they can
               | actually be accepted into day-to-day practice by actual
               | professionals and the companies are willing to take on
               | the financial risks of any malpractice for using their
               | models in such areas (as part of enterprise offerings for
               | an extra fee of course), that still wouldn't and
               | shouldn't mean that your run-of-the-mill private ChatGPT
               | instance has the same privileges or protections that we
               | afford to e.g. patient data when handled digitally as
               | part of medical practice. At best (again, I dislike
               | anthropomorphizing models, but it is easier to talk about
               | such a scenario this way), a hypothetical ChatGPT that
               | provides 100% accurate legal information would be akin to
               | a private person who just happens to know a lot about the
               | law, but never got accredited and does not have the same
               | responsibilities.
               | 
               | Again though, we are far from that hypothetical anyways,
               | "people" using LLMs that way does not change this fact. I
               | know, unfortunately, there are people who are convinced
               | that current day LLMs have already attain Godhood and are
               | merely biding their time and that doesn't become real
               | either, just because they act according to their
               | assumptions.
               | 
               | I really struggle to understand, nor do I see any cogent
               | arguments across this comment section why current day
               | LLMs in such a scenario should be treated differently to
               | e.g. a PKM software or cloud hosted diary and afforded
               | the same legal protections (or lack thereof depending on
               | viewpoint, personal stance and your local data privacy
               | laws).
        
               | hdseggbj wrote:
               | You'll find these laws privileging certain folks are
               | contoured and controlled by the individuals who have
               | already been granted such privilege to discourage and
               | limit competition. Not because it's good in any way for
               | the client.
               | 
               | Protectionism hurts all of society to benefit a few.
        
               | Topfi wrote:
               | Perhaps this is a language barrier, but I genuinely do
               | not understand what is meant by this. Like, what does
               | this have to do with protectionism, who are the "folks"
               | in this case, etc. Honestly asking.
        
               | hdseggbj wrote:
               | Doctors control who can be a doctor, what is required to
               | be a doctor, what doctors can and can't do, and that
               | people are forced to go to them for Healthcare ... all to
               | protect their personal income. Not to better Healthcare.
               | Not to expand access to Healthcare. But precisely to make
               | it cost more to get. They are hurting society to benefit
               | themselves.
               | 
               | Milton Friedman explains it to doctors here:
               | https://m.youtube.com/watch?v=ss5PxPlnmFk
        
           | VHRanger wrote:
           | > Not good. These tools (from search engines to AI) are
           | increasingly part of our brains, and we should have
           | confidentiality in using them.
           | 
           | Don't expect that from products with advertising business
           | models
        
             | ChadNauseam wrote:
             | OpenAI and Anthropic do not have advertising business
             | models
        
               | bigyabai wrote:
               | If you're not the customer, you're most likely the
               | product.
        
               | bbor wrote:
               | I love the saying, but there's something of an exception
               | here. Both companies very openly have _singularity_
               | business models.
        
               | nemomarx wrote:
               | yet, but surely they will move that way over time?
        
               | achierius wrote:
               | OpenAI is clearly moving in that direction, look at their
               | recent verbiage and hiring.
        
               | scotty79 wrote:
               | yet
        
               | micromacrofoot wrote:
               | name a similar sized tech company that hasn't
        
           | hluska wrote:
           | Serious question. Why should someone have more privacy in a
           | software system than they do within their home?
        
             | eqvinox wrote:
             | They maybe (not taking a stance) shouldn't, but I don't
             | think this argument is as simple as one thinks. Doing
             | surveillance on someone's home generally requires a court
             | order _beforehand_. And depending on the country (I don 't
             | believe this applies to the US), words spoken at home also
             | enjoy extended legal protection, i.e. they can't subpoena a
             | friend you had a discussion with.
             | 
             | Now the real question is, do you consider it a conversation
             | or a letter. Any _opened_ 1 letters you have lying around
             | at home can be grabbed with a court-ordered search warrant.
             | But a conversation--you might need the warrant beforehand?
             | It's tricky.
             | 
             | (Again, exact legal situation depends on the country.)
             | 
             | 1 Secrecy of correspondence frequently only applies to
             | letters in _sealed envelopes_. But then you can get another
             | warrant for the correspondence...
        
               | Topfi wrote:
               | Honest question, why consider the personal home, letters
               | or spoken words at all, considering most countries around
               | the world already have ample and far more applicable
               | laws/precedent for cloud hosted private documents?
               | 
               | For the LLM input, that maps 1:1 to documents a person
               | has written and uploaded to cloud storage. And I don't
               | see how generated output could weigh into that at all.
        
               | matthewdgreen wrote:
               | A simple answer to this is: I use local storage or end-
               | to-end encrypted cloud backup for private stuff, and I
               | don't for work stuff. And I make those decisions on a
               | document-by-document basis, since I have the choice of
               | using both technologies.
               | 
               | The question you are asking is: should I approach my
               | daily search tasks with the same degree of thoughtfulness
               | and caution that I do with my document storage choices,
               | and do I have the same options? And the answers I would
               | give are:
               | 
               | * As a consumer I _don 't_ want to have to think about
               | this. I want to be able to answer some private questions
               | or have conversations with a trusted confidant _without_
               | those conversations being logged to my identity.
               | 
               | * As an OpenAI executive, I would also probably _not_
               | want my users to have to think about this risk, since a
               | lot of the future value in AI assistants is the knowledge
               | that you can trust them like members of your family. If
               | OpenAI can 't provide that, something else will.
               | 
               | * As a member of a society, I really do not love the idea
               | that we're using legal standards developed for 1990s
               | email to protect citizens from privacy violations
               | involving technologies that can think and even testify
               | against you.
        
               | Topfi wrote:
               | > [...] should I approach my daily search tasks with the
               | same degree of thoughtfulness and caution that I do with
               | my document storage choices [...]
               | 
               | Then treat them with the same degree of thoughtfulness
               | and caution you have treated web searches on Google,
               | Bing, DuckDuckGo or Kagi for the last decade.
               | 
               | Again, there is no confidant or entity here, no more so
               | than the search algorithms we have been using for decades
               | are at least.
               | 
               | > I really do not love the idea that we're using legal
               | standards developed for 1990s email to protect citizens
               | [...]
               | 
               | Fair, but again, that is in no way connected to LLMs. I
               | still see no reason presented why LLM input should be
               | treated any differently to cloud hosted files or web
               | search requests.
               | 
               | You want better privacy? Me too, but that is not in any
               | way connected to or changed by LLMs being common place.
               | Same logic I find any attempt to restrict a specific
               | social media company for privacy and algorithmic concerns
               | laughable, if the laws remain so that any local
               | competitors are allowed to do the same invasions.
        
             | matthewdgreen wrote:
             | I have enormous privacy in my home. I can open up any book
             | and read it with nobody logging what I read. I can destroy
             | any notes I take and know they'll stay destroyed. I can
             | even visit the library and do all these things in an
             | environment with massive information access; only the card
             | catalog usage might get logged, and I probably _still_ don
             | 't have to tie usage to my identity because once upon a
             | time it was totally normal to make knowledge tools
             | publicly-accessible without the need for authentication
             | credentials.
        
           | tbrownaw wrote:
           | > _These tools (from search engines to AI) are increasingly
           | part of our brains, and we should have confidentiality in
           | using them._
           | 
           | But you do, just like you have confidentiality in what you
           | write in your diary.
        
           | throwmeaway222 wrote:
           | I think there is a non-zero chance they had no idea about
           | this guy until OpenAI employees uncovered this, reported it,
           | and additional cell phone data backed up the entire thing.
        
             | matthewdgreen wrote:
             | Why do employees need to be involved? It's AI. It is
             | entirely capable of doing the surveillance, monitoring and
             | reporting entirely by itself. If not now, then in the near
             | future.
        
         | stuffn wrote:
         | > If law enforcement or spy agency asked for a dragnet warrant
         | like "find me all of the people that might be guilty of XYZ" or
         | "find me something this individual might be guilty of"; tech
         | companies have a moral obligation to resist, in the best
         | interest of humanity.
         | 
         | There is more evidence they will do this rather than that they
         | won't. ChatGPT is a giant dragnet and 15 years ago I would've
         | argued it's probably entirely operated and funded by the NSA.
         | The police already can obtain a "geofenced warrant" today.
         | We're not more than one senator up for re-election from having
         | a new law forced down our throat "for the children" that
         | enables them to mine OpenAI data. That is, if they don't
         | already have a Room 641A located in their HQ.
         | 
         | People pour their live out into these fuzzy word predictors.
         | OpenAI is holding a treasure trove of personal data,
         | personality data, and other data that could be used for all
         | kinds of intelligence work.
         | 
         | This is objectively bad regardless of how bad the criminal is.
         | The last near 40 years of history, and especially the post 9/11
         | world, shows that if we don't stand up for these people the
         | government will tread all over our most fundamental rights in
         | the name of children/security/etc.
         | 
         | Basic rights aren't determined by how "good people" use them.
         | They are entirely determined by how we treat "bad people" under
         | them.
        
           | tenthirtyam wrote:
           | Just wait until AI is advanced enough that you can buy an AI
           | best friend who will be with you all your life. I'm reminded
           | of Decker's AI hologram friend in Blade Runner 2049. The only
           | thing they got wrong was she was not collecting data for the
           | megacorp.
           | 
           | Thinking again, the AI will certainly be "free".
        
         | heavyset_go wrote:
         | I don't think anyone has a moral obligation to do the state's
         | bidding, and if you think these tools will only be used morally
         | against "bad guys", you have not been paying attention to
         | recent events.
         | 
         | I also don't think the interests of the state are "in the best
         | interests of humanity".
         | 
         | Sometimes the price of having nice things and them remaining
         | nice means that people you don't like can use them, too.
        
         | HardCodedBias wrote:
         | There are many routes that the government has to court
         | order/warrant/subpoena information from tech companies.
         | 
         | The tech companies have just about zero ability to resist.
         | 
         | There should likely be legislation enacted that raises chat
         | logs to the level of psychotherapist-patient privilege.
        
         | kevin_thibedeau wrote:
         | Administrative or judicial warrant? What if they deceived the
         | judge?
        
         | codedokode wrote:
         | Not fair. It means idiots who type "how do I hide a body" get
         | caught, but smart types from HN can hide their traces. In a
         | fair society, both dumb and smart criminals should have equal
         | chance of getting caught. Imagine, for example, if you could
         | use Internet only after identification. And maybe there should
         | be reduced punishment for dumb types for humanity reasons.
        
           | fn-mote wrote:
           | Absurd. Unrealistic.
           | 
           | Does everyone have the same earnings potential risk
           | regardless of their skill? Same with stealing potential.
           | 
           | Edit: on the flip side, white collar crimes leave a paper
           | trail that traditional smash and grab crimes do not, so more
           | white collar criminals should be getting caught and convicted
           | now.
        
       | scotty79 wrote:
       | Local LLM chat control when?
        
       | gosub100 wrote:
       | stop blaming fires on people who start them. its inevitable that
       | _someone_ is going to be the root cause. meanwhile the people
       | whose job it is to _manage_ the forest or wilderness areas are
       | scot-free. At least send them to prison too.
        
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