Daliah Saper Featured on Fox32 ChicagoNOW

Principal Attorney Daliah Saper of Saper Law was interviewed on Wednesday, August 13th, 2025, by the FOX 32 ChicagoNOW anchors Anthony Ponce and Gabriella Premus.

Sam Altman, CEO of ChatGPT, was interviewed recently, saying in theory, ChatGPT prompts could be subpoenaed. Daliah explains why the prompts people feed into ChatGPT and similar AI tools might one day be presented as evidence in court. As AI becomes increasingly embedded in our daily lives, users may assume their inputs aren’t legally discoverable. But as Daliah highlights, that assumption isn’t always accurate. Courts may subpoena AI records, including user prompts, in both criminal and civil litigation. 

Main Points

What is a subpoena? 

A legal discovery tool.

Why is this such a hot topic?

The New York Times recently sued ChatGPT for copyright infringement.

Privacy Isn’t Guaranteed

AI platforms often store logs of interactions. If those records are subject to discovery, your private questions may get exposed. As Daliah noted, if someone calls her, that person has a “privilege” to a private conversation as well as with doctors and therapists. 

Corporate E-Discovery Impact

Businesses using AI tools for internal strategy or drafting may expose sensitive information during litigation.

What is on the horizon?

We are starting to see two aspects of law:

1. How and when you can use AI 
2. Regulation 

Is the legal system keeping up?

It is still a gray area. We are still in a wait-and-see mode. There has not been a definitive ruling yet.

Intellectual Property

If an artist uses AI, the artist may not own the work.

Do you foresee an encrypted ChatGPT?

It can be a business model that could be developed right now for the NYT case, but it may not hold up well in the future due to technological and legal challenges.