Should AI Conversations Be Privileged? Balancing Privacy, Policy, and the Law

Users often treat these AI tools as advisors, sharing intimate details and seeking guidance. This raises a novel question, “Should communications with an AI be protected by a legal privilege, akin to attorney-client privilege or doctor-patient confidentiality?” Recent developments suggest courts are reluctant. A federal court in United States v. Heppner (S.D.N.Y. Feb. 6, 2024) held that conversations with an AI tool (Anthropic’s Claude) were not covered by the attorney-client privilege. Despite this landmark decision, there are arguments on both sides, doctrinal, ethical, policy, and practical, that are important to consider before this issue is decided.