You Have the Right to Remain Accountable

Jeremy Ryan
Aug 3
3 min read

Your ChatGPT chats aren’t private. Court orders may preserve them for lawsuits. Learn risks, scams, and small business safeguards—plus how to stay protected.

AI Confessions Aren’t Private—Here’s What That Means for Small Business

Imagine treating ChatGPT like a therapist, only to discover your “confession” could show up in court. That’s the reality after a recent federal order requiring OpenAI to preserve all conversations, even deleted ones.

For small business owners, this isn’t just a quirky headline—it’s a wake-up call. From HR disputes to strategy notes, casual AI use may create a discoverable trail of information. In Episode 30 of AI Made Easy for Business, Jeremy and Jim dig into the risks, scams, and surprising opportunities in a world where your AI chats may outlive you in court records.

Key Takeaways

ChatGPT chats aren’t privileged. They don’t have therapist, attorney, or priest protections.
Deleted messages can still be subpoenaed in lawsuits, as seen in the NYT vs. OpenAI case.
AI scams are rising sharply, especially deepfake crypto fraud targeting small businesses.
Legal risks = business risks. Anything from HR complaints to tax issues could surface in chat logs.
Transparency can be an asset. Retained AI chats may serve as proof of good faith, innovation, or compliance.

What This Means for Small Businesses

AI Is Not Your Therapist (or Your Lawyer)

It feels natural to “talk things out” with ChatGPT—but remember, AI has no confidentiality privilege. As Jeremy puts it, “Should I be sharing my thoughts around my IP or company secrets with ChatGPT? Probably not.” (at 07:32)

The Dark Side: AI Scams and Deepfakes

Crypto scams fueled by deepfakes are up 456% year over year. Impersonation fraud can trick employees into wiring money or exposing systems. SMBs—already stretched thin on cybersecurity—are prime targets.

The Counterpoint: AI as Proof of Good Faith

Used wisely, preserved chat logs could support transparency:

HR compliance: Documenting constructive feedback to employees.
IP timelines: Proving you brainstormed product ideas before competitors.
Customer trust: Showing ethical AI use policies upfront.

As Jim says, “Protect yourself and use these tools wisely and honorably. If you don’t, you’re probably going to go to jail—or at least pay big fines.” (at 17:08)

Transcript Highlights

On the risks of AI chats:“It’s not your therapist, not your lawyer, not your priest. This is just some random tool you’re allowing to know everything about you.” (at 06:23)
On small business opportunity:“If you use ChatGPT to revise your HR emails, you actually can now prove you were working with the employee in good faith.” (at 08:55)
On the bigger takeaway:“Don’t do bad stuff. Be the best version of yourself—and use AI to grow that honorable business.” (at 15:14)

FAQs

Are my ChatGPT chats really saved even if I delete them?Yes. A U.S. court order requires OpenAI to preserve all chats for potential lawsuits.

Can my AI chats be used against me in court?Yes. Unlike conversations with doctors, lawyers, or therapists, AI chats have no confidentiality protections.

What are the biggest AI scam risks for SMBs?Deepfake voice scams, fake crypto investments, phishing via impersonation, and fraudulent invoices.

How can small businesses use AI safely?

Avoid entering sensitive or illegal info into AI tools.
Develop internal AI-use policies.
Treat AI chats as potentially public records.

Is there any upside to saved AI chats?Yes—when used ethically, they can serve as audit trails, innovation proof, or transparency signals.

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