The PDF is easy to read and really lucid once you get past the formatting. Ars should have just converted it to markdown.
4th Amendment (Search and Seizure)
So I think that this is more so an artefact of the parameters than an outcome of some mechanism of law.
There is a reasonable expectation that deleted and anonymous chats would not be indefinitely retained.
> The court is just requiring OpenAI to maintain records it already maintains and segregate them.
Incorrect. The court is requiring OpenAI to maintain records it would have not maintained otherwise.
That is the crux of this entire thing.
Not quite. The court is requiring OpenAPI to maintain records longer than it would otherwise retain them. It's not making them maintain records that they never would have created in the first place (like if a customer of theirs has a zero-retention agreement in place).
Legal holds are a thing; you're not going to successfully argue against them on 4A grounds. This might seem like an overly broad legal hold, though, but I'm not sure if there are any rules that prevent that sort of thing.
the government is not involved at all in this dispute, neither state or federal.
(for example, your own comment: the executive and judicial branches [of government])
Or, perhaps, that's not something known by most. I didn't struggle to understand that, I simply didn't know it. Also, again, the article could have mentioned that, and I started my statement by saying maybe the article was doing a bad job conveying things.
> What constitutional issues do you believe are present?
This method of interrogation of online comments is always interesting to me. Because you seem to want to move the discussion to that of whether or not the issues are valid, which wasn't what I clearly was discussing. When you are struggling to reason around really straightforward issues like that, it does not leave me with confidence about your other judgments regarding the issues present here.
>Or, perhaps, that's not something known by most. I didn't struggle to understand that, I simply didn't know it.
Sorry you struggled to not understand your own concept that you put forward that because a lawyer isn't required (not true, but granting you this for the sake of this conversation), we shouldn't hold lawyers up to the standard of a lawyer anyway? That's facially silly.
I literally just repeated to you what you said to me. But, yeah, I'm the petty one.
> Sorry you struggled to not understand your own concept that you put forward that because a lawyer isn't required
What? Why are you misinterpreting everything I wrote?
> we shouldn't hold lawyers up to the standard of a lawyer anyway? That's facially silly.
Where in the world did I say this?
What constitutional issues do you believe are present?
> There is no requirement for a lawyer to be utilized.
Corporations must be represented by an attorney, by law. So that's not true outright. Second, if someone did file something pro-se, they might get a little leeway. But the business isn't represented pro-se, so why on earth would the judge apply a lower standard appropriate for a pro-se party so a sophisticated law firm, easily one of the largest and best in the country?
When you are struggling to reason around really straightforward issues like that, it does not leave me with confidence about your other judgments regarding the issues present here.