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1vuio0pswjnm7 16 hours ago

"The New York Times is demanding that we turn over 20 million of your private ChatGPT conversations."

As might any plaintiff. NYT might be the first of many others and the lawsuits may not be limited to copyright claims

Why has OpenAI collected and stored 20 million conversations (including "deleted chats")

What is the purpose of OpenAI storing millions of private conversations

By contrast the purpose of NYT's request is both clear and limited

The documents requested are not being made public by the plaintiffs. The documents will presumably be redacted to protect any confidential information before being produced to the plaintiffs, the documents can only be used by the plaintiffs for the purpose of the litigation against OpenAI and, unlike OpenAI who has collected and stored these conversations for as long as OpenAI desires, the plaintiffs are prohibited from retaining copies of the documents after the litigation is concluded

The privacy issue here has been created by OpenAI for their own commercial benefit

It is not even clear what this benefit, if any, will be as OpenAI continues to search for a "business model"

Wanton data collection

1vuio0pswjnm7 14 hours ago | parent | next [-]

NB. There is no order to "collect". The order is to preserve what is already being collected and stored in the ordinary course of business

https://ia801404.us.archive.org/31/items/gov.uscourts.nysd.6...

https://ia801404.us.archive.org/31/items/gov.uscourts.nysd.6...

1vuio0pswjnm7 10 hours ago | parent | next [-]

Why does OpenAI collect and retain for 30 days^1 chats that the user wants to be deleted

It was doing this prior to being sued by the NYT and many others

OpenAI was collecting chats even when the user asked for deletion, i.e., the user did not want them saved

That's why a lawsuit could require OpenAi to issue a hold order, retain these chats for longer and produce them to another party in discovery

If OpenAI was not collecting these chats in the ordinary course of its business before being sued by the NYT and many others, then there would be no "deleted chats" for OpenAI to be compelled by court order to retain and produce to the plaintiffs

1. Or whatever period OpenAI decides on. It could change at any time for any reason. However OpenAI cannot change their retention policy to some shortened period after being sued. Google tried this a few years ago. It began destroying chats between employees after Google was on notice it was going to be sued by the US government and state AGs

jacquesm 5 hours ago | parent | next [-]

I'd trust Sam Altman about as far as I could throw him and there is absolutely no way OpenAI should be having sensitive private conversations with anybody. Sooner or later all that data will end up with Microsoft who can then correlate it with a ton of data they already have from other sources (windows, office online, linkedin, various communications services including 'teams', github and so on).

This is an intelligence service's wet dream.

FloorEgg 9 hours ago | parent | prev | next [-]

I'm not commenting on the core point of your comment, only the "why retain for 30 days" question.

Im an age of automated backups and failovers, deleting can be really hard. Part of the answer could simply be that syncing a delete across all the redundancies (while ensuring those redundancies are reliable when a disaster happens and they need to recover or maintain uptime) may take days to weeks. Also the 30 days could be the limit, as oppose to the average or median time it takes.

chasd00 8 hours ago | parent | next [-]

The most likely explanation is whatever storage solution they’re using has a built in “recycle bin” functionality and deleted data stays the for 30 days before it’s actually deleted. I see this a lot in very large databases. The recycle bin functionality is built in to the data store product.

FloorEgg 7 hours ago | parent [-]

That sounds very plausible.

chemotaxis 5 hours ago | parent | prev | next [-]

> I'm not commenting on the core point of your comment, only the "why retain for 30 days" question. Im an age of automated backups and failovers, deleting can be really hard.

I doubt it's that. Deletion is hard, but it's not "exactly 30 days" hard.

The most likely explanation is that OpenAI wants the ability to investigate abuse and / or publicly-made claims ("ChatGPT told my underage kid to <x>!" / "ChatGPT praised Hitler!"). If they delete chats right away, they're flying blind and you can claim anything you want.

Now, whether you should have a "delete" button that doesn't really delete stuff is another question.

dylan604 8 hours ago | parent | prev [-]

What is the standard way of being forced to restore from backup while ensuring deleted data does not also become restored? Is every delete request stored so that it can be replayed against any restore?

2 hours ago | parent | next [-]
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FloorEgg 8 hours ago | parent | prev [-]

I have only had to manage this in a startup context with relatively low stakes and it was hard and messy. I don't know what best practice is at the scale that openai operates, but from my limited experience I have an intuition that the challenge is not trivial.

Also I suspect there is a big gap between best practice and common practice. My guess is common practice is dysfunctional. I would also suspect there is no standard way, but there are established practices within different technology stacks that vary between performative, barely compliant and effective at scale.

In one case I saw there was a substantial manual effort to load snapshots into instances run the delete and then save new snapshots. This was over 10 years ago though and it was more of a "we just need to get this done" than a "what's the most elegant way to do this at scale"

terminalshort 9 hours ago | parent | prev [-]

Maybe an append only data store where actual hard deletes only happen as an async batch job? Still 30 days seems really long for this.

Aurornis 13 hours ago | parent | prev | next [-]

The two documents you linked are responses to specific parts of OpenAI's objection. They're not good sources for the original order.

Nevertheless, you're generally correct but you don't realize why: A core feature of ChatGPT is that it keeps your conversation history right there so you can click on it, review it, and continue conversations across all of your devices. The court order is to preserve what is already present in the system even if the user asks to delete it.

For those who are confused: A core feature of ChatGPT and other LLM accounts is that your past conversations are available to return to, until you specifically delete them. The problem now is that if a user asks for the conversation to be deleted, OpenAI has to retain the conversation for the court order even though it appears deleted.

13 hours ago | parent | prev | next [-]
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11 hours ago | parent | prev [-]
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Aurornis 13 hours ago | parent | prev | next [-]

> What is the purpose of OpenAI storing millions of private conversations

Your previous ChatGPT conversations show up right in the ChatGPT interface.

They have to store the private conversations to enable users to bring them up in the interface.

This isn't a secretive, hidden data collection. It's a clear and obvious feature right in the product. They're fighting for the ability to not retain secret records of past conversations that have been deleted.

The problem with the court order is that it requires them to keep the conversations even after a user presses the 'Delete' button on them.

baobun 10 hours ago | parent [-]

They could have been stored at the client, and encrypted before optionally synced back to OpenAI servers in a way that the stored chats can only be read back by the user. Signal illustrates how this is possible.

OpenAI made a choice in how the feature was and is implemented.

nl 7 hours ago | parent | next [-]

Signal does End-to-end encryption, so they (Signal) can never read it.

The whole point of ChatGPT conversations is so they can be read by the model on the server.

Conversations are kept around because they can be picked up and continued at any point (I use this feature frequently).

Additionally you can use conversations in their scheduled notification feature, where the conversation is replayed and updates are sent to you, all done on the server.

> OpenAI made a choice in how the feature was and is implemented.

Indeed they did, and it was a sensible choice given how the conversations are used.

godelski 4 hours ago | parent [-]

You could definitely do this E2EE.

Models should run in ephemeral containers where data is only processed in RAM. For active conversation a unique and temporary key-pair is generated. Saved chats are encrypted client side and stored encrypted server side. To resume a conversation[0], decrypt client side, establish connection to container, generate new temporary key-pair, and so on. There's more details and nuances but this is very doable.

How Mullvad handles your data, for some inspiration: https://mullvad.net/en/help/no-logging-data-policy

  > Conversations are kept around because they can be picked up and continued at any point (I use this feature frequently).
I'm not sure why this is a problem. There's no requirement that data at rest needs be unencrypted. Nor is there a requirement that those storing the data need to have the keys to decrypt that data. Encrypted storage is a really common thing...

  > Additionally you can use conversations in their scheduled notification feature, where the conversation is replayed and updates are sent to you, all done on the server.
For this we can use the above scenario, or we can use a multi-key setting if you want to ping multiple devices, or you can have data temporarily decrypted. There is still no need to store the data to disk unencrypted or encrypted with keys OAI owns.

Of course, I also don't see OAI pushing the state of Homomorphic Encryption forward either... But there's definitely a lot of research and more than acceptable solutions that allow data to be processed server side while being encrypted for as long as possible and making access to that data incredibly difficult.

Again, dive deep into how Mullvad does it. It is not possible for them to make all their data encrypted, but they make it as close to impossible to get, including by themselves. There doesn't need to be a perfect solution, but there's no real reason these companies couldn't restrict their own access to that data. There's only 2 reasons they are not doing so. Either 1) they just don't care enough about your privacy or 2) they want it for themselves. Considering how OpenAI pushes the "Scale is All You Need" narrative, and "scale" includes "data", I'm far more inclined to believe the reason is option 2.

[0] Remember, this isn't so much a conversation in the conventional sense. The LLMs don't "remember". You send them the entire chat history in each request. In this sense they are Markovian. It's not like they're tuning a model just to you. And even if they were, well we can store weights encrypted too. Doesn't matter if a whole model, LoRA, embeddings, or whatever. That can be encrypted at rest via keys OAI does not have access to.

cush 7 hours ago | parent | prev | next [-]

People are responding in this thread as if ChatGPT is a one-on-one conversation with another person. The data isn’t “shared” with OpenAI. You’re chatting with OpenAI. ChatGPT is just a service. There’s no way to use ChatGPT without sharing all of your chats with OpenAI, that’s what the entire product is.

cush 7 hours ago | parent | prev | next [-]

This doesn’t sound realistic. Signal is end to end encrypted and only sends one message at a time, while ChatGPT needs the entire chat context for every message and they need to decrypt your messages in their services in order to feed them into the LLM.

thorum 10 hours ago | parent | prev [-]

> Our long-term roadmap includes advanced security features designed to keep your data private, including client-side encryption for your messages with ChatGPT. We believe these features will help keep your private conversations private and inaccessible to anyone else, even OpenAI.

JCM9 9 hours ago | parent [-]

This sort of thing is pretty trivial to implement from the start, they just chose not to because they wanted the data themselves

7 hours ago | parent | next [-]
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cruffle_duffle 7 hours ago | parent | prev [-]

Hah. I seriously doubt it is even close to trivial. Especially when they are to exist on any device you use the service from.

macki0 13 hours ago | parent | prev | next [-]

> What is the purpose of OpenAI storing millions of private conversations

Its needed for the conversation history feature, a core feature of the ChatGPT product

Its like saying "What is the purpose of Google Photos storing millions of private images"

SilverElfin 13 hours ago | parent [-]

This is true but why retain deleted conversations?

Aurornis 13 hours ago | parent | next [-]

That's the objection: The court order requires them to retain everything they currently have, even if the user requests that it be deleted.

kulahan 12 hours ago | parent | prev [-]

ChatGPT (the app) specifically says they keep deleted conversations for up to 30 days. That's probably why.

silveraxe93 15 hours ago | parent | prev | next [-]

No it's not. It's literally a court order mandating them to collect this data.

- [1] https://arstechnica.com/tech-policy/2025/08/openai-offers-20...

otterley 14 hours ago | parent | next [-]

This article says nothing of the sort. The court order is to preserve existing logs they already have, not to disable logging, and hand all the logs over the plaintiffs. OpenAI's objections are mainly that 1/there are too many logs (so they're proposing a sample instead) and that 2/there's identifying data in the logs and so they are being "forced" to anonymize the logs at their expense (even though it's what they want as a condition of transferring the logs).

There is nothing in the article that mentions OpenAI being forced to create new logs they don't already have.

silveraxe93 13 hours ago | parent [-]

[flagged]

pclmulqdq 12 hours ago | parent | next [-]

If OpenAI truly didn't keep conversation records for any length of time, they would not be subject to this kind of order. Lots of stateless services get these and are able to defeat them because they never store the user's data. The fact that they store them at all means that they are in scope for a preservation order. It also means that they are in scope for all manner of usage by OpenAI themselves even if a user requests deletion.

dghlsakjg 11 hours ago | parent [-]

It seems as if the court has forced OpenAI into collecting logs that they weren't otherwise collecting, or that they were deleting at user request.

So in this case not keeping logs as ordered by the court would be contempt of court.

otterley 10 hours ago | parent [-]

Respectfully, it doesn’t matter the way it “seems,” it matters what is. They were collecting these logs, and as soon as they got the preservation order, they disabled deletion functionality and notified their customers of that.

There is a separate higher-tier private API customers can pay for that never had logging enabled, and the court did not force the company to add it.

13 hours ago | parent | prev [-]
[deleted]
sailfast 15 hours ago | parent | prev [-]

This is an excellent article and source. Thank you.

cush 12 hours ago | parent | prev | next [-]

>What is the purpose of OpenAI storing millions of private conversations

Have you used ChatGPT? Your conversation history is on the left rail

1vuio0pswjnm7 5 hours ago | parent | next [-]

I read in the pleadings that OpenAI claims it cannot search its logs without decompressing them first

I can search the logs I keep without decompressing

Every user is different and each is free to use whatever software they want

1vuio0pswjnm7 8 hours ago | parent | prev | next [-]

Using RePair for compression I can also search inside compressed tarballs full of logs

To do this, I first insert a blank line at the top of each log file before adding to the tarball

IME, RePair is faster than compressing with zstd and the size reduction is almost the same

The only "catch" is that RePair requires more memory during compression

747fulloftapes an hour ago | parent [-]

Pardon, but do you have a link for this RePair compressor?

Unfortunately, different searches for this RePair you mentioned have only revealed links to resources for repairing broken air compressors, damaged compressed files, spinal injuries, etc.

1vuio0pswjnm7 12 hours ago | parent | prev | next [-]

"Have you used ChatGPT?"

No

Large number of upvotes on the quoted comment however. Maybe some of those voters are ChatGPT users

I do searching from the command line in text mode. The script I use keeps a "log" (a customised SERP) of all query strings and search result URLs. I also have these URLs stored in the logs from the forward proxy. These are compressed using RePair. I can search the compressed logs faster this way than with something like

    ztsd -dc log.zst|grep pattern
or

    rg -z pattern log.zst
buffington 7 hours ago | parent | next [-]

> No

Given that, I'd suggest not offering "alternatives" to the features described in TFA for a service you've never used. There are people here talking about oranges, a lot of them with domain expertise, and you're not just talking about apples, you're talking about bird migrations.

fenomas 6 hours ago | parent | prev | next [-]

> Large number of upvotes on the quoted comment however.

Sure, and also downvotes - that measures factionalism, not correctness.

But tech wise, you're confused. Functionally speaking chatgpt is a shared document editor - the server needs to store chat histories for the same reason Google Docs stores the content of documents. Users can submit text to chatgpt.com from one browser, and later edit that text from the app or a different browser. Ergo the text is stored on the server, simple as that.

5 hours ago | parent | prev | next [-]
[deleted]
1vuio0pswjnm7 3 hours ago | parent | prev [-]

Downvotes is a tiny faction

3 versus 190+, so far

Many commenters cannot distinguish rhetorical questions from questions that seek an answer

By attempting to answer a rhetorical question one may only strengthen the point being made by the question, for example, poor decision-making, and may reveal an absence self-awareness

stefan_ 11 hours ago | parent | prev [-]

They made the feature, now they get to live with it. So they can spare us the feigned surprise and outrage.

Instead of writing open letters they could of course do something about it. Even Google stopped storing your location timeline on their servers and now have it per-device only.

cush 8 hours ago | parent [-]

We’re talking about two different things. It would be like Gmail not storing your emails. Expecting ChatGPT to not store your chats is ridiculous

tzs 5 hours ago | parent | prev | next [-]

> The documents requested are not being made public by the plaintiffs

In fact, as far as I understand it, they could not be made public by the plaintiffs even if they wanted to do so, or even if one of their employees decided to leak them.

That's because the plaintiffs themselves never actually see the documents. They will only be seen by the plaintiff's lawyers and any experts hired by those lawyers to analyze them.

1vuio0pswjnm7 5 hours ago | parent | prev | next [-]

News Plaintiffs October 15, 2025 Letter Motion to Compel

https://ia801205.us.archive.org/1/items/gov.uscourts.nysd.61...

OpenAI October 30, 2025 Letter Opposing Motion to Compel

https://ia601205.us.archive.org/1/items/gov.uscourts.nysd.61...

November 7, 2025 Order on Motion to Compel

https://ia601205.us.archive.org/1/items/gov.uscourts.nysd.61...

"OpenAI has failed to explain how its consumers privacy rights are not adequately protected by: (1) the existing protective order in this multidistrict litigation or (2) OpenAIs exhaustive de-identification of all of the 20 million Consumer ChatGPT Logs.1

1. As News Plaintiffs point out, OpenAI has spent the last two and a half months processing and deidentifying this 20 million record sample. (ECF 719 at 1 n.1)."

1vuio0pswjnm7 11 hours ago | parent | prev | next [-]

If an analogy to the history of search engines can be made,^1 then we know that log retention policies in the US can change over time. The user has no control over such changes

https://ide.mit.edu/wp-content/uploads/2018/01/w23815.pdf

Companies operating popular www search engines might claim that the need for longer retention is "to provide better service" or some similar reason that focuses on users' interests rather than the company's interests^2

2. Generally, advertising services

This paper attempts to expose such claims as bogus

1. According to some reports OpenAI is sending some queries to Google

15 hours ago | parent | prev | next [-]
[deleted]
amypetrik8 4 hours ago | parent | prev | next [-]

>Why has OpenAI collected and stored 20 million conversations (including "deleted chats")

To train the AI further. Obviously. Simple as.

1vuio0pswjnm7 13 hours ago | parent | prev [-]

Is there a technical limitation that prevents chat histories from being stored locally on the user's computer instead of being stored on someone else's computer(s)

Why do chat histories need to be accessible by OpenAI, its service partners and anyone with the authority to request them from OpenAI

If users want this design, as suggested by HN commenters, if users want their chat histories to be accessible to OpenAI, its service providers and anyone with authority to request them from OpenAI, then wouldn't it also be true that these users are not much concerned with "privacy"

If so, then why would OpenAI proclaim they are "fighting the New York Times' invasion of user privacy", knowing that NYT is prohibited from making the logs public and users generally do not care much about "privacy" anyway

The restrictions on plaintiff NYT's use of the logs are greater than the restrictions, if any,^1 on OpenAI's use of them

1. If any such restrictions existed, for example if OpenAI stated "We don't do X" in a "privacy policy" and people interpreted this as a legally enforceable restriction,^2 how would a user verify that the statement was true, i.e., that OpenAI has not violated the "restriction". Silicon Valley companies like OpenAI are highly secretive

2. As opposed to a statement by OpenAi of what OpenAI allegedly does not do. Compare with a potentially legally-enforceable promise such as "OpenAI will not do X". Also consider that OpenAI may do Y, Z, etc. and make no mention of it to anyone. As it happens Silicon Valley companies generally have a reputation for dishonesty

neodymiumphish 13 hours ago | parent | next [-]

Presumably for cross-device interactivity. If I interact with ChatGPT on my phone, then open it on my desktop. I might be a bit frustrated that I can't get to the chat I was having on my phone previously.

OpenAI could store the chat conversation in an encrypted format that only you, the user, can decrypt, with the client-side determining the amount of previous messages to include for additional context, but there's plenty of user overhead involved in an undertaking like that (likely a separate decryption password would be needed to ensure full user-exclusive access, etc).

I'd appreciate and use a feature like that, but I doubt most "average" users would care.

gausswho 8 hours ago | parent | next [-]

Syncthing could do that, if the software is designed to store locally.

Ever since I put the effort into Syncthing across my all devices (paired with restic on one of them for backup), I can't help but see how cross-device functionality and cloud this are the Sysco hash potatoes that balloons Big Corp services' profit margins.

Not saying it's easy to set up. But when you get there it's so liberating and you wish all software was bring-your-own-network.

fenomas 7 hours ago | parent [-]

SyncThing syncs only when both clients are running at the same time. Nobody who edits a document on a website expects that they'll need to leave that browser window open in order to see the document in a different browser.

Am I missing something? Is this seriously a heated HN debate over "why does this website need to store the text it sends to people who view the website?"?

gausswho 6 hours ago | parent [-]

We're not talking about collaborative tooling, just a record of what you've asked an AI assistant. If it doesn't sync right away, it's not the end of the world. I find that's true with most things.

And the clients don't need to be running at the same time if you have a third device that's always on and receiving the changes from either (like a backup system). Eventually everything arrives. It's not as robust as what Google or iCloud gives you, but it's good enough for me.

fenomas 3 hours ago | parent | next [-]

Chatgpt.com is essentially a CRUD app. What you're saying here amounts to saying that it could conceivably have been designed to work dramatically differently from all other CRUD apps. And obviously that's true, but why would it be?

It's a website! You submit text, that you'll view or edit later, so the server stores it. How is that controversial to a HN audience?

Also:

> the clients don't need to be running at the same time if you have a third device that's always on

An always-on device that stores data in order to sync it to clients is a server.

handoflixue 5 hours ago | parent | prev [-]

It's great that you'd enjoy a significantly worse product that requires you to also be familiar with a completely unrelated product.

For some reason, consumers have decided that they prefer a significantly better product that doesn't require any additional applications or technical expertise ¯\_(ツ)_/¯

scotty79 13 hours ago | parent | prev [-]

Facebook messenger tries to marry end to end encryption with multi-device access and it's a horrible mess with some messages not being delivered to some devices for hours , days or ever.

I absolutely want OpenAI to keep all of my chats and I absolutely don't want them to share them ( voluntarily or by force) with any private agent.

I have exactly the same expectation of any document or communication platform. It's been long established as accepted compomise between security and convenience.

Aurornis 13 hours ago | parent | prev | next [-]

> Is there a technical limitation that prevents chat histories from being stored locally on the user's computer

People access ChatGPT through different interfaces: Web, desktop app, their phones, tablets.

Therefore the conversations are stored on the servers. It's really not some hidden plot against users to steal their data. It's just how most users expect their apps to work.

andrepd 12 hours ago | parent [-]

Nonsense. It's easy to design an app where the server stores all information in an encrypted form. If OpenAI "cared about privacy" like this PR piece claims, they would do this. They don't because they (obviously) don't care and they (obviously) want the data for their purposes.

epistasis 11 hours ago | parent | next [-]

"Easy" does not mean "lowest cost" or "easiest". It's far far far easier to stor conversations as plain text and return them as is, instead of having to encrypt, rotate keys, etc. etc.

That's a tricky system to get right and maintain

(Please do not interpret this as a defense of OpenAI! I just think that we shouldn't trivialize the task of encrypting user data so that it's not visible to the provider).

Aurornis 9 hours ago | parent | prev [-]

> It's easy to design an app where the server stores all information in an encrypted form.

If you read the article, you'd see this:

> Our long-term roadmap includes advanced security features designed to keep your data private, including client-side encryption for your messages

1vuio0pswjnm7 2 hours ago | parent | prev | next [-]

If I am sending HTTP POST requests using own choice of software via the command line to some website, e.g., an OpenAI server, then I can save those requests on local storage. I can keep a record of what I have done. This history does not need to be saved by OpenAI and consequently end up being included in a document production when (not if) OpenAI is sued. But I cannot control what OpenAI does, that's their decision

For example, I save all the POST request bodies I send over the internet in the local forward proxy's log. I add logs to tarballs and compress with an algorithm that allows for searching the logs in the tarballs without decompressing them

It does not matter what "reason" or "excuse" or "explanation" anyone presents, technical or otherwise, for why OpenAi does what it does

The issue is what are the consequences

aDyslecticCrow 13 hours ago | parent | prev [-]

They're very valuable data, and it's convenient to log in to see a previous chat.

If you have ever played with the api, its clear as day that the protocol itself is stateless.