Last week, OpenAI raised objections in court, hoping to overturn a court order requiring the AI company to retain all ChatGPT logs "indefinitely," including deleted and temporary chats.

But Sidney Stein, the US district judge reviewing OpenAI's request, immediately denied OpenAI's objections. He was seemingly unmoved by the company's claims that the order forced OpenAI to abandon "long-standing privacy norms" and weaken privacy protections that users expect based on ChatGPT's terms of service. Rather, Stein suggested that OpenAI's user agreement specified that their data could be retained as part of a legal process, which Stein said is exactly what is happening now.

The order was issued by magistrate judge Ona Wang just days after news organizations, led by The New York Times, requested it. The news plaintiffs claimed the order was urgently needed to preserve potential evidence in their copyright case, alleging that ChatGPT users are likely to delete chats where they attempted to use the chatbot to skirt paywalls to access news content.

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After a court ordered OpenAI to "indefinitely" retain all ChatGPT logs, including deleted chats, of millions of users, two panicked users tried and failed to intervene. The order sought to preserve potential evidence in a copyright infringement lawsuit raised by news organizations.

In May, Judge Ona Wang, who drafted the order, rejected the first user's request on behalf of his company simply because the company should have hired a lawyer to draft the filing. But more recently, Wang rejected a second claim from another ChatGPT user, and that order went into greater detail, revealing how the judge is considering opposition to the order ahead of oral arguments this week, which were urgently requested by OpenAI.

The second request to intervene came from a ChatGPT user named Aidan Hunt, who said that he uses ChatGPT "from time to time," occasionally sending OpenAI "highly sensitive personal and commercial information in the course of using the service."

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Late Thursday, OpenAI confronted user panic over a sweeping court order requiring widespread chat log retention—including users' deleted chats—after moving to appeal the order that allegedly impacts the privacy of hundreds of millions of ChatGPT users globally.

In a statement, OpenAI Chief Operating Officer Brad Lightcap explained that the court order came in a lawsuit with The New York Times and other news organizations, which alleged that deleted chats may contain evidence of users prompting ChatGPT to generate copyrighted news articles.

To comply with the order, OpenAI must "retain all user content indefinitely going forward, based on speculation" that the news plaintiffs "might find something that supports their case," OpenAI's statement alleged.

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After The New York Times sued OpenAI in December 2023—alleging that ChatGPT outputs violate copyrights by regurgitating news articles—the ChatGPT maker tried and failed to argue that the claims were time-barred.

According to OpenAI, the NYT should have known that ChatGPT was being trained on its articles and raised its lawsuit in 2020, partly because of the newspaper's own reporting. To support this, OpenAI pointed to a single November 2020 article, where the NYT reported that OpenAI was analyzing a trillion words on the Internet. But on Friday, US district judge Sidney Stein disagreed, denying OpenAI's motion to dismiss the NYT's copyright claims partly based on one NYT journalist's reporting.

In his opinion, Stein confirmed that it's OpenAI's burden to prove that the NYT knew that ChatGPT would potentially violate its copyrights two years prior to its release in November 2022. And so far, OpenAI has not met that burden.

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