08/21/2026
Headline “ChatGPT is a Huge Snitch” clever, attention
-grabbing… old news. Write (or say near your digital spies) like it will be read in your deposition.
In 1998, government lawyer Stephen Houck made a novel argument. Asked why the U.S. wasn’t summoning Bill Gates to testify in its antitrust case against Microsoft, Houck said, “Because we have his email.” The New York Times called it “the first major email trial,” in which messages that were voluminous, discoverable, and “alive with ideas and competitive zeal, punctuated with profanity and exclamation points” featured heavily. Soon, there were widespread official policies about what could or should be said in messages written on the computer.
Now, interactions with AI are finding their way into the public record. 404 Media reports: “An expert witness testifying in a lawsuit about liability for a Houston explosion that killed three people and destroyed roughly 200 homes used ChatGPT to write significant portions of his ‘expert report.’ [His prompts] showed that he asked ChatGPT to help him ‘create an exceptional expert witness report defending the standard of care at 3M,’ and that the report should ‘show how 3M is 0% at fault for the explosion at Watson Grinding.’”
Juicing an LLM for “expert testimony” to defend a chemical company is an extreme example of a new phenomenon, writes tech columnist John Herrman. But chatbot logs have been leaking into civil and criminal legal proceedings for a while now.
Read Herrman’s full column on why AI chat transcripts keep showing up in court proceedings, news stories, and criminal trials: https://nymag.visitlink.me/fUi0fK