| ▲ | jcranmer 6 hours ago | |
Reading the ruling in more detail, this is definitely a "this is not even close case." First off, the Fifth Amendment right to not self-incriminate is rather narrower than you might expect. With regard to document production, it only privileges you from having to produce documents if the act of producing those documents would in effect incriminate you. So if you tell people "I've got a diary where I've been keeping track of all the crimes I've committed..." the government can force you to turn over that diary. Second, the default assumption whenever you send something to another person is that it's unprivileged communication. IANAL, but even using cloud storage for things I'd want to remain privileged is something I'd want to ask a lawyer about before relying on. Although that's also as much because the default privacy policy of most services is "fuck you." Which is what happened here. Claude's privacy policy says that Anthropic reserves the right to share your chats with third parties for various reasons, which means you have no reasonable expectation of privacy in those communications in the first place and automatically defeats any other confidential privileges. What happened is therefore little different from the defendant texting his attorney's responses to his friends, which is a fairly time-worn way of defeating attorney-client privilege. Seems an opportune time to remember that every day is STFU Friday. And, to quote The Wire, is you taking notes on a criminal fucking conspiracy? | ||
| ▲ | SoftTalker 4 hours ago | parent | next [-] | |
You cannot be compelled to provide testimonial evidence that might incriminate you. Physical evidence, documents, computer files, anything not under attorney-client privilege is fair game for a subpoena or warrant. | ||
| ▲ | ludicrousdispla 5 hours ago | parent | prev [-] | |
What if I hire a lawyer to use Claude for me instead? Seems like that is space for a disruptive startup. | ||