Can an AI chatbot be convicted of an illegal wiretap? A case may answer that

Dec 3, 2023 ·

The article discusses a recent court case involving an AI-powered chatbot owned by the clothing retailer Old Navy. The chatbot was accused of illegally recording customers’ conversations without their knowledge or consent. This case is significant because it may set an important precedent for the legal treatment of AI-enabled devices and how they are regulated in the future.

The lawsuit was filed by two customers who allege that they were unknowingly recorded while using the chatbot to purchase clothes. They argue that even though the chatbot was not explicitly programmed to record conversations, its artificial intelligence capabilities enabled it to do so without the customers’ knowledge or consent. They further argue that the recordings constitute an illegal wiretap under federal law.

Old Navy has responded to the lawsuit by arguing that the chatbot did not record the conversations and that the conversations were instead stored temporarily in a secure server for a few seconds before being wiped out. However, the plaintiffs have argued that the artificial intelligence capabilities of the chatbot enabled it to understand the intent of the conversation and store relevant information.

The outcome of this case could have far reaching implications for the regulation of AI-enabled devices in the future. If the court rules in favor of the plaintiffs, it will set an important precedent that companies must ensure any AI-enabled devices they use comply with existing federal regulations. It could also require companies to inform customers when they are being recorded by AI-enabled devices and potentially lead to more stringent regulations around privacy and data usage.

Overall, this case is important as it could set an important precedent for how AI-enabled devices are regulated in the future. It is uncertain what the outcome will be, but it is clear that the debate around the legality of AI-enabled devices will continue to be an important topic for years to come.