Amazon Seller Policy News: Private Legal AI Chats Admittable In Court
In a key recent New York legal case, it was ruled that discretion of confidential information is not protected by attorney-client privilege for AI chat bots. This means that legal teams can gain full access to your chat logs, exposing potential vulnerabilities in your case. In this blog, we walk sellers through why this is important for Amazon sellers and what it could mean for the future of seller suspensions.
Does AI Count For Attorney Client Privilege?
As of the February 17th court decision, AI use is not protected under any sort of attorney client-privilege, including legally sensitive information relevant to your case. Additionally, even if you later provide the same information to your attorneys, classifying it under attorney client privilege, your chat logs are not retroactively protected, making them a major vulnerability in the modern legal world.
This mirrors what we have historically seen with the advent of modern technologies, while tools like AI give people new ways to access information, they also create new ways in which people can inadvertently damage their legal standing. It is important to remember that when signing up to use chat bots, their terms of service often include the provision that the messages you send will be used for training, meaning they are not private.
Although AI can be a fantastic tool for learning more about the law, it is vital that people are aware of the ways in which it can incriminate you in a legal setting. Even seemingly innocuous messages asking for advice on a legal matter could be used as evidence of your guilt if taken under legal scrutiny.
Overall, it is key that all readers know that their messages with AI bots are not confidential and under recent rulings can be seized by the court. Do not provide these bots details about your cases as it could harm your ability to get positive outcomes. If updates to the status of protected AI chat messages arise, we will make sure to update readers on what this means for the future of AI in law.
Using AI For Amazon Plan of Action Appeals
For Amazon Sellers, one major use of AI has been employing it to create Amazon Plan of Action (POA) appeals. In a recent blog, we discussed the dangers of doing this and how they have been known to create faulty arguments, however, based on these recent developments it is even more important to steer away from providing sensitive information to these AI tools. AI can be used in assistance of preparing things like a POA, but you should never provide documents or details from your specific case.
This is especially true for sellers with cases that have the potential to elevate to arbitration or the courtroom. For issues like copyright infringement, opposing legal counsel may use the seizing of chat logs to find incriminating documentation of your awareness of violating protected branding. Unlike lawyers, who can protect your conversations with attorney client privilege, AI and the companies behind AI are obligated to forfeit this information under these recent court rulings.
Contact Amazon Sellers Lawyer Today!
While AI can be a tool that helps sellers in many ways, monitoring how it can be used against you is vital to thriving in modern e-commerce. At Amazon Sellers Lawyer, we are here to provide real legal guidance on these issues, while helping guide our clients to positive results. If you are facing suspension on Amazon, especially with the potential of escalating to further legal action, our team will make sure these details stay confidential. Give us a call at 212-256-1109 or fill out our online form here.
About the Author
CJ Rosenbaum, Esq.
CJ Rosenbaum is the founding partner of Amazon Sellers Lawyer. He’s been practicing law since 1995, and since 2016 his firm has focused exclusively on helping Amazon sellers deal with issues like suspensions, intellectual property disputes, and withheld funds.
CJ has written six books on Amazon seller legal issues including the Amazon Sellers’ Guide to Copyright Law. He has spoken at major industry events like the Prosper Show, Global Sources Summit, Retail Global. CJ also works with the Amazon Sellers Lawyer team to provide free content for Amazon sellers. This is available through their online blog and YouTube channel, frequently covering major Amazon updates and important topics relevant to the seller space.
Through BrandProtectionAmazon.com, the firm also supports brands in protecting their products. This gives the team the unique opportunity to learn from case wins on both sides of the fence, strengthening protection for both the sellers and brands that Rosenbaum & Segall P.C. represents.
Amazon repeatedly rejecting your Plan of Action? Amazon Sellers Lawyer handles suspension appeals and account reinstatement cases – including arbitration against Amazon when they’re withholding seller money. Contact us to discuss your situation and figure out the best path forward.