S1 E39 ChatGPT and trade Secrets with Wayne Carroll

S1 E39 ChatGPT and trade Secrets.Your employees are using AI. According to a Feb. 2023 survey by Fishbowl, 43% of professionals are using ChatGPT at work, but of those about 70 percent say their boss does not know. What does that mean for your trade secrets? If your employees are feeding your trade secrets to CHATGPT, they may be training an AI to help your competitors with your trade secrets. Review of trade secret requirements. Have knowledge that others don’t have, which is valuable because you are the only one with the knowledge and reasonable measures to keep it secret. Notes on reported issues around confidential information and ChatGPT: Amazon: Company confidential data was discovered in ChatGPT's output. Employees were instructed not to share any Amazon confidential information, including code they were working on. Samsung: ChatGPT and other AI systems were prohibited after employees entered trade secrets. Samsung is developing its own AI tool. JPMorgan Chase, Verizon, Apple, Citigroup, Goldman Sachs Reasonable measures to protect trade secrets in the AI era: Implement strict policies: Clearly define guidelines and policies regarding the use of AI systems like ChatGPT and explicitly prohibit the input or sharing of confidential or trade secret information. Employee training and awareness: Conduct training programs to educate employees about the importance of maintaining confidentiality, trade secrets, and the potential risks associated with using AI tools. Access controls and monitoring: Implement robust access controls and monitoring mechanisms to restrict access to sensitive information and track any unauthorized or suspicious activities involving AI systems. DON’T GIVE personally identifiable information to ChatGPT. Anonymization and data sanitization: Ensure that confidential or sensitive data is appropriately anonymized or sanitized before using AI systems to minimize the risk of unintentional disclosure. Regular audits and assessments: Conduct periodic audits and assessments to evaluate the effectiveness of security measures in place and identify any potential vulnerabilities or areas of improvement. Legal agreements and contracts: Establish clear agreements and contracts with AI providers or developers to address confidentiality, data protection, and intellectual property rights to safeguard trade secrets. Stay informed about AI advancements: Keep up-to-date with the latest developments in AI technology and security practices to proactively address emerging risks and implement necessary measures. Consult with legal professionals: Seek advice from legal experts specializing in intellectual property and data protection to ensure compliance with relevant laws Wayne Carroll is a highly experienced intellectual property lawyer with over 15 years of experience. He holds a Juris Doctor degree with a concentration in Intellectual Property Law from Suffolk University Law School, as well as an undergraduate degree in Electronic Engineering Technology from DeVry University. Wayne is the CEO and Attorney at Inspired Idea Solutions, LLC, a firm he founded in 2013, where he specializes in patent strategy, patent prosecution, trademark strategy and registration, and copyright litigation. In addition to his legal work, Wayne is an Eagle Scout and actively volunteers with the Boy Scouts of America. He is also a proud father of six children and enjoys playing pickleball. Wayne's extensive experience and expertise in intellectual property law make him a highly respected attorney and a valuable asset to clients seeking protection for their intellectual property rights. Wayne can be reached at 480-741-2440 or [email protected]. You can also connect with Wayne on LinkedIn. Schedule an appointment with Wayne Carroll for a strategy session on protecting and leveraging your intellectual property.