On January 5, 2026, the U.S. District Court for the Southern District of New York mandated OpenAI to produce a 20-million de-identified user log sample from ChatGPT amid ongoing copyright litigation. The court emphasized the importance of balancing user privacy with discovery needs. OpenAI had initially resisted larger sample requests but eventually agreed to a smaller, de-identified dataset, complete with privacy safeguards, including a protective order. The ruling underscored that logs disconnected from plaintiffs’ works could still be relevant for defense strategies like fair use, thereby expanding discoverability. Organizations should prioritize comprehensive AI governance, focusing on data retention practices and contractual terms that address discovery. They must recognize the risks associated with user privacy, especially when employees use AI tools. This order illustrates that courts may compel extensive data collection within relevant legal frameworks, urging organizations to reassess their AI data management strategies.
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