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“There Is No Legal Confidentiality When Using Chat GPT” Facing The AI Privacy Issue

August 07, 2025 / 06:11

This episode discusses AI privacy issues, featuring Sam Alman and David Saxs. Key topics include legal confidentiality for AI interactions, the potential for AI certification, and personal data security.

Sam Alman raises concerns about the lack of legal confidentiality when using AI products like ChatGPT, especially for sensitive topics. He compares AI interactions to conversations with therapists, highlighting the need for similar privacy protections.

David Saxs agrees, noting that existing laws do not adequately address the personal nature of AI interactions. He suggests that AI models could be certified in a manner similar to medical or legal professionals, which could grant them similar privileges.

The discussion also touches on the implications of AI having legal rights and responsibilities, and the importance of encrypting user data by default. The hosts emphasize the market opportunity for AI companies to prioritize user privacy.

Humor is present as the hosts share personal anecdotes about their interactions with AI, including personality tests and playful banter about their own quirks.

TLDR

Sam Alman and David Saxs discuss AI privacy, certification, and the need for legal protections for AI interactions.

Episode

6:11
00:00:00
We should talk about this this um AI privacy issue that Sam Alman mentioned. All right, that's a great segue because
00:00:05
I saw that as well, David Saxs, and uh as our civil servant working on AI, this is something where you can have an
00:00:11
additional contribution. There's more work we can give you. All right, listen. Here it is. AI user privacy is becoming
00:00:17
an issue because friend of the pod Sam Alman says there is no legal confidentiality when using his product
00:00:25
Chat GPT. Here's a 30 second clip again. Friend of the pod fop Sam Alman on Theo
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Vaughn. People talk about the most personal in their lives to chatt young people
00:00:37
especially like use it as a therapist, a life coach, uh having these relationship
00:00:41
problems. What should I do? And right now if you talk to a therapist or a lawyer or a doctor about those problems,
00:00:48
there's like legal privilege for it. We haven't figured that out yet for when you talk to Chad GBT. So if you go talk
00:00:53
to CHP about your most sensitive stuff and then there's like a lawsuit or whatever, like we could be required to
00:00:58
produce that and I think that's very screwed up. I think we should have like the same concept of privacy for your
00:01:03
conversations with AI that we do with a therapist or whatever. Okay, Saxs, this is bringing up
00:01:09
something super important. What's your take on it? Okay. Well, I I think this is an interesting topic
00:01:14
because like copyright, this is an area where we have existing law, but it does make you rethink whether those laws are
00:01:23
truly applicable or make as much sense in this new world. So, the existing law, the existing example is search history.
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You know, the government can get a copy of your search history. They can subpoena it.
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Yeah. Every true crime story starts with the person's search for how do I kill my
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husband slowly with you know poison and then they Yeah. That's right. Exactly. The point is though that
00:01:48
I think Sam is right about the legal treatment right now which is that your chat history isn't any different than
00:01:55
the search history in the eyes of the law. But it is much more personal. It's much more interactive than your search
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history. You are using it like you said. You could use it as a as your doctor. You could use it as your therapist. You
00:02:07
could use as your lawyer. And so the ability for the federal government to be intrusive is so much greater than with
00:02:15
your search history. So I don't know what like the right policy should be yet, but I I will say it does make me
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uncomfortable. Yeah, there's a market. Can I make a recommendation to my AIR? Yes, please. He's our
00:02:30
Why don't we let AI models get bar certified and get medically certified? So if the AI models, it turns out, are
00:02:40
actually proving to be more accurate, more thoughtful, more responsive, more reasonable,
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whatever it is, whatever metric we're using, and they pass the same criteria as one would need to pass to qualify for
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the bar or to qualify for a doctor certificate. Why don't we do that for the AI? If that then happens, then the
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the same privilege occurs to the AI as it does to the individual human that does it. And now if you extrapolate from
00:03:05
where that takes us, if we're suddenly giving AI the same sort of privileged rights that we give to privileged
00:03:10
humans, where's that going to take us ultimately with respect to the overall rights for AI?
00:03:14
Well, and they have responsibility. Hold on a second. I just want to point out here once again, you have a mind-blowing
00:03:20
concept here. I've never heard anybody vocalize that. Could they actually be certified in that knowledge? And if they
00:03:26
pass the test, makes sense they would. But then you also get responsibility. So with great power comes great
00:03:30
responsibility. I will tell you this. You can turn this stuff off. But this is an opportunity. I'm going to send a note
00:03:35
to El. It sounds crazy today, but I guarantee if you put it on Poly Market, there will
00:03:39
be a date when this happens. Let's do it. Poly market. Shout out to Shane. Let's get that up there. I just
00:03:43
want to point out I'm going to email Elon about this when I get off the pod. This is an opportunity to create the
00:03:47
signal of the signal equivalent of an LLM. The all of your chat should be encrypted. All of it should be by by
00:03:55
default. encrypt it by default on Grock. Make it so that Grock can't even see it.
00:04:00
They don't have it. So when you try to subpoena it, you can do what Tim Cook does, which he says like I don't have
00:04:04
it. You if you want to try to back door it, you can. That's a market opportunity. I can tell you I only use
00:04:10
the Brave browser and Brave search for this reason. I don't want my search history like saved somewhere or
00:04:16
whatever. That you can take control of this as an individual, but the defaults matter and you have to then do the work.
00:04:22
It's a great market opportunity. Hey Chimoth, I don't even want to know what you're talking to chat GPT about. What
00:04:26
are you What's in your chat GBT logs? What's in there, Chimoth? How to extend? How to get the extra centimeter? What's
00:04:32
in there? You trying to What's in there? I keep asking it to find me a moderator.
00:04:38
Oh, great. I keep asking it to find me a participant who's not a douche. Um, my god, you are so deep in your villain
00:04:49
era and you're leaning into it and I'm so here for it. I love your villain. You know why I am so
00:04:55
Why are you going into your villain era? I am so riskon right now. It's like it's liberating actually. It's amazing.
00:05:03
It's really amazing. Is there any blowback to how outlandish you've become this year? Any blowback at
00:05:09
all? Has it had any negative consequence on business or hiring or anything? No. But but outlandish? How how have I
00:05:15
been outlandish? You're you're you're just filter off. You're filter off as And I think it's
00:05:20
great. I think the over two windows back. It's absolutely fantastic we're seeing here. I asked Chad GPT about my
00:05:25
future and uh my IQ. It's very interesting when you ask ChatGpt to analyze you. I suggest everyone do it.
00:05:30
Well, actually, yeah, when you just ask ChatGpt or whatever, what do you know about me?
00:05:36
And it's scary how much it already does. It's scary. There's this great personality test. You can put this
00:05:40
personality test into Grock and this guy like made this prompt and it goes and it
00:05:45
tells you all your personality based on your Twitter ex history. It is wild how accurate it is. What does it say about
00:05:51
you, Jal? I'm actually curious. It says the same thing about all of us. We're all likeworked
00:05:57
narcissist ENTJ. You can literally run the MyersBriggs against your Yeah. your chat history. It's actually But I I
00:06:05
like your mind-blowing concept there, by the way, of like them becoming certified
00:06:09
in some

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Episode Highlights

  • AI User Privacy Concerns
    The conversation shifts to the growing issue of privacy in AI interactions, especially with tools like ChatGPT.
    “AI user privacy is becoming an issue.”
    @ 00m 15s
    August 07, 2025
  • The Need for AI Certification
    A proposal is made to certify AI models like professionals to ensure accountability and privacy.
    “Why don't we let AI models get bar certified?”
    @ 02m 28s
    August 07, 2025

Episode Quotes

  • AI user privacy is becoming an issue.
    “There Is No Legal Confidentiality When Using Chat GPT” Facing The AI Privacy Issue
  • We should have the same concept of privacy for your conversations with AI.
    “There Is No Legal Confidentiality When Using Chat GPT” Facing The AI Privacy Issue
  • With great power comes great responsibility.
    “There Is No Legal Confidentiality When Using Chat GPT” Facing The AI Privacy Issue
  • It's scary how much it already does.
    “There Is No Legal Confidentiality When Using Chat GPT” Facing The AI Privacy Issue

Key Moments

  • AI Privacy Debate00:15
  • Certification Proposal02:28
  • Personal Insights05:38

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