OpenAI: When Messages Become Damning Evidence

OpenAI Messages at the Heart of a Revelatory Trial

During the OpenAI trial, a text message exchange from 2023 between Mira Murati and Sam Altman was brought to light, highlighting the risks associated with written communication at work. This incident serves as a reminder to employees that even messages sent from a personal device can become evidence in a dispute. A labor law attorney emphasized that these communications, although private, can be scrutinized in a legal context.

The Musk v. Altman case revealed exchanges between Murati and Altman, showcasing the potential dangers of written messages. These messages were exchanged during Altman's highly publicized dismissal from OpenAI. Altman was trying to arrange a meeting with the board, while Murati, then interim CEO, indicated that his return was not welcome. Murati was in constant contact with the board, making a phone call unnecessary. This situation demonstrates that anything written can be used in legal proceedings or monitored by the employer.

The Importance of Good Digital Hygiene

While few workers find themselves in as publicized situations as Altman, the era of AI and hybrid work has made documenting workplace communications more common. Teams are increasingly exchanging information via digital platforms, thereby increasing the risk of disclosing sensitive information.

Peter Rahbar, a labor attorney in New York and co-host of the podcast "Across the Bar," frequently observes clients with professional content on their personal phones. He advises separating professional and personal communications by using two distinct phones. This precaution is essential because even a personal device can become a subject of litigation if professional activities are conducted on it. Rahbar notes that any content relevant to a case is likely to be discovered, regardless of the device used.

Rahbar explains that the subject of communication determines its relevance in a dispute. Legal requests can include information from various platforms, whether it's direct messages on Instagram, WhatsApp conversations, or queries on ChatGPT. AI tools, increasingly present in professional calls, also create written and audio records.

The legal risk is not limited to digital communications. For example, personal journals can be used as evidence, as was the case for Greg Brockman, president of OpenAI. Rahbar recommends regularly deleting personal communications, such as text messages, at least once or twice a year. However, he emphasizes that deleting a message does not guarantee that the other party will do the same. For sensitive topics, he advocates for in-person discussions or phone calls.

The Dangers of Written Communication

Sending a text message to a colleague instead of using platforms like Slack or Teams may reduce the risk of employer surveillance, but it does not prevent these conversations from being legally examined.

In many cases, individuals only realize these risks too late, according to Rahbar. While most employees do not think they are saying anything compromising, they might be surprised to find their devices seized for a thorough investigation.

Carl Tobias, a law professor at the University of Richmond, reminds people to be cautious about what they put in writing unless they are comfortable with the idea that it could be used against them. "We make assumptions about how we communicate," says Tobias, "and that can sometimes backfire."