Court Rules ChatGPT Records Can Be Used As Evidence In Crypto Fraud Case

A federal judge has given prosecutors the green light to obtain ChatGPT account records belonging to Richard Kim, the former CEO of cryptocurrency startup Zero Edge, who is accused of diverting investor money into crypto trades and online gambling. The ruling is significant because it establishes that conversations with AI chatbots can be treated as third-party digital evidence, similar to emails, texts, and search history. Kim allegedly used ChatGPT to research his case, including his trial strategy, and may have also used the AI to generate prompts related to misappropriating investor funds and cryptocurrency trading. The court's decision allows prosecutors to access Kim's OpenAI records from October 2023 through May 2026, including prompts, responses, and account information.

This case highlights the growing legal question of whether conversations with AI tools can remain private when used for legal research. The judge's ruling does not determine whether Kim's ChatGPT records are protected by attorney-client privilege, but it does allow the search warrant to proceed. This decision aligns with a previous landmark case, which found that a defendant's exchanges with an AI chatbot were not protected by attorney-client privilege or work-product protections. As the use of AI chatbots becomes more widespread, this ruling serves as a warning that anything typed into these platforms can potentially be used as evidence in a court of law.

Source: CNET