The legal risks of records of work conversations were highlighted again in a related trial. [Photo: Reve AI]

In a trial involving OpenAI between Elon Musk and Sam Altman (Sam Altman), executives’ text messages have been disclosed, putting fresh focus on the legal risks of workplace conversation records.

On May 7, Business Insider reported that text conversations exchanged over two days between Altman and Mira Murati (미라 무라티), who was then interim chief executive, were revealed during court proceedings related to the 2023 episode in which Altman was ousted from OpenAI.

The disclosed messages include Altman repeatedly requesting meetings with the board and with Murati, and Murati responding that the board does not want him to return. Murati was communicating with the board in real time at the time, providing context for the text exchange, but the case again shows that leaving sensitive work matters in writing can become evidence in legal disputes.

The core of the controversy is not conflict between specific individuals, but that the spread of artificial intelligence and hybrid work environments is leaving far more records of workplace communications than in the past. The more information companies exchange across multiple digital platforms, the greater the likelihood that sensitive information will also accumulate in recorded form.

Peter Rahbar (피터 라바르), a New York-based employment lawyer, said he often encounters cases in which work content is mixed on personal mobile phones. He recommended separating work and personal devices. Even if it is a personal device, if it is used for work it can be subject to production in litigation. "Anything that might be related to the case is subject to discovery," Rahbar said. "It doesn't matter what device it is stored on."

Legal scrutiny is not limited to text messages, according to the report. Rahbar said Instagram direct messages, WhatsApp conversations and even ChatGPT prompts could be included in legal disputes if they are relevant to a case.

AI meeting-recording tools that are rapidly spreading in corporate meetings also carry the same risks because they leave both audio and text records, it said.

The analysis also said legal risks can extend beyond digital communications. Rahbar said records such as personal diaries can also be used as evidence. He noted that the case of OpenAI President Greg Brockman (그레그 브록먼) showed such a possibility.

Rahbar recommended that people delete personal text messages once or twice a year. He added that even if one side deletes messages, there is no guarantee the other side will do the same. He also advised that for more sensitive matters, meeting in person or using phone calls may be more appropriate. Using text messages instead of Slack or Microsoft Teams to avoid workplace monitoring is not a fundamental solution, he said. Text messages may partly fall outside the scope of monitoring on internal platforms, but they cannot avoid legal scrutiny itself.

Carl Tobias (칼 토비아스), a University of Richmond law professor, also said people need to be wary of communications that remain in writing. "People make a lot of assumptions about how they communicate," he said. "That record can later get them into trouble."

The trial again showed that work-related conversations can become part of legal disputes at any time, regardless of which platform they are stored on, beyond internal conflict at OpenAI. In particular, concerns are growing that in environments where personal devices and work are mixed, even an ordinary text message can be subject to legal review.

Keyword

#OpenAI #Sam Altman #Elon Musk #WhatsApp #ChatGPT
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