Anthropic’s Claude is a family of advanced large language models (LLMs) and AI assistants. Claude is trained by a technique called Constitutional AI, which is designed to align the model more accurately with human values. The idea is that Claude would essentially be more ethical and helpful to humans, versus being harmful, as has been seen with some other models.
Recently, a federal judge in New York ruled that the private conversations a fraud defendant had with Claude were admissible and could be used by prosecutors. In the aftermath of this ruling, the legal industry is spinning, trying to figure out how to adjust.
More insights into this ruling are needed to truly understand what it means in practice. Though it is important to understand that, as a result of the ruling, it is advisable to play it safe. Despite the increase in use of AI chatbots for almost everything, including legal advice and counsel, it is best to understand that such communications may carry no legal protections. They could end up being used against you in the courtroom.
Don’t Rely on AI for Your Criminal Defense
The legal industry is notoriously complex. Trying to move forward, mounting a defense on your own, and without a licensed and experienced attorney, is doing so at your own peril. The rules and parameters of how the law is applied and practiced can change quickly, as exhibited by this latest court ruling.
The Chicago criminal defense lawyers at Glasgow & Olsson are the most highly respected and recognized authorities in criminal defense law in Illinois. When there are disruptions in the process and changes within the law, the legal team at Glasgow & Olsson stays up-to-date and prepares to respond in the most effective manner, protecting you, your rights, and your freedoms.
What’s Behind the Ruling?
The case of United States v. Heppner in the Southern District of New York had Bradley Heppner indicted for five federal counts of fraud. Once Heppner received a grand jury subpoena, he used Claude to determine the best criminal defense for his case. The FBI seized all of the documents that were created by AI at Heppner’s home.
The judge presiding over the case, Jed Rakoff, ruled that the documents could be used because:
- Claude is not an attorney.
- Anthropic’s privacy policy allows user data to be shared with third parties, including government regulators.
- Hepnner acted on his own and without his lawyer’s instruction.
- No attorney-client privilege can exist between an AI user and an AI platform like Claude.
On the other hand, in the case of Warner v. Gilbarco, a plaintiff who self-represented used ChatGPT. Here, the conversations were ruled as protected work because AI is “tools, not persons.” Sharing information with software is not the same as doing so with an adversary.
Get Qualified Legal Help Today
The use of AI tools for legal means is not entirely settled and without nuance. Therefore, do not take any chances if you are facing criminal charges. Speak to an attorney as soon as you are suspected of committing a crime, follow their advice closely, and safeguard yourself from mistakes that could unintentionally harm your case.
At Glasgow & Olsson, we are widely recognized as a leading authority in Illinois criminal law. For this reason, Attorney Thomas T. Glasgow is a trusted legal voice who is regularly invited to appear on major networks, including ABC, CNN, NBC, CBS, and Fox News.
When you need an attorney, experience matters.
Speak with our Chicago criminal defense attorneys today and learn how decades of trusted experience can protect what matters most to you.