I was curious if it would but it’s the stored communications act instead, which frankly seems a much better case anyways. Theoretically two party consent could maybe cover it, but the law is old and we have others that cover electronic communications anyways.
Looking closer it appears that this would probably fall under the stored communications act, since it relates to electronic messages not intercepted real time and no one has attempted to prove texts would fall under eavesdropping/wiretapping laws, presumably because they are covered under the SCA.
That being said, under 18 USC 2702 “Voluntary disclosure of customer communications or records” I think there’s actually a stronger argument under that law. You would either have to argue that ChatGPT is a provider or that they are an intended recipient, which goes back to my original point about all parties consenting to ChatGPT obtaining the content of their messages.
But it is because by sending messages back and forth shows consent between those parties. If Kevin sees text messages that he was not supposed to and then uses that information for harmful purposes he could be found liable, as clearly that was not the intent or Kevin would have been told himself either in a group message or individually.
It’s not just how the information is gathered but how it is used, and in ChatGPT’s circumstances there’s no other logical use for those messages other than monetization.
In states without single party consent, both/all parties involved have to give consent to have their communications recorded. If one person consents for ChatGPT and the other doesn’t, then it would be a violation unless you specifically tell everyone that all messages going forward will be sent and read by ChatGPT.
At least I’m relatively sure, but something about ChatGPT not being a sentient entity or something might invalidate it but it’s an interesting question.
Somebody in a state that isn’t single-party consent sue over this, I’d be really interested in seeing how far that could go.
I was going to say, this months windows update was actually fedora on my laptop because 11 is so bad
Seeing the little string they have to hold their little hats on is absolutely sending me for some reason
Sadly my state representative pretty much only posts on there and I feel like I can better tailor my complaints and insults towards him when he fucks up by reading his drivel