You might think twice before sending that text in your work group chat.
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The Musk v. Altman trial has exposed a 2023 text exchange between Mira Murati and Sam Altman — and it’s a reminder for workers of the risks of putting sensitive information in writing.
The two-day viral conversation took place amid Altman’s high-profile ouster from OpenAI. The messages show him asking for a meeting with the board and Murati, who was acting as interim CEO, repeatedly telling him they didn’t want him back.
Murati was having conversations with OpenAI’s board in real time, so it may not have made sense to switch to a call. Generally, though, it’s a lesson that just about anything and everything in writing can come up in legal proceedings — or at least be monitored by your employer.
Good digital hygiene
Most workers won’t find themselves facing a similar situation to Altman — but in the era of AI and hybrid work, workplace communication is being increasingly documented.
As teams exchange larger volumes of information across digital platforms, there’s a greater risk of sensitive information being shared.
Peter Rahbar, an employment attorney in New York and co-host of the “Across the Bar” podcast, says he often sees clients who have work content on their personal phones. He recommends that people carry two phones and keep work content confined to one.
That’s because even if you’re using a personal device, it can become fair game in litigation if you do work on it, Rahbar said.
“Anything that’s potentially relevant to the case is subject to discovery. It doesn’t matter what device it’s on,” he said.
Rahbar said that subject matter determines whether something can be roped into a legal dispute. Litigation requests capture any relevant information, regardless of location or platform. That could include Instagram DMs, WhatsApp messages, or ChatGPT prompts, he said.
Those AI notetakers that are popping into more and more work calls are often also creating written and audio records.
The legal risk isn’t limited to digital communications, Rahbar said. Journal entries, for example, could be used as evidence, as shown with OpenAI President Greg Brockman.
Rahbar recommends that people delete personal communications, such as text messages, at least once or twice a year. Even then, he said, deleting your message doesn’t mean the other person will do the same. That’s why Rahbar recommends in-person conversations or — sorry, Gen Z — phone calls for sensitive subjects.
The risks of putting it in writing
Texting a coworker instead of messaging them on Slack or Teams may reduce the risk of workplace oversight, but it doesn’t protect those conversations from legal scrutiny.
In many cases, people don’t learn these lessons until it’s too late, Rahbar said. While most workers may not think they’re saying anything risky, they aren’t likely to enjoy having their devices seized in an expansive search.
As ever, people should be careful about what they put in writing — unless they’re comfortable having it repeated or used against them later, said Carl Tobias, a law professor at the University of Richmond.
“We make assumptions about how we communicate,” Tobias said. “And then maybe they come back to bite us.”
