PODCAST · technology
Moral Machine
by The podcast about what today means for the years from now.
The rules of professional responsibility were written for a world without AI. The AI era is arriving faster than the guidance. Moral Machine is Chris Warren’s ongoing column on what that means for practicing lawyers, law firms, regulators, and the courts.The column covers attorney competence and the “reasonable degree” standard, confidentiality and privilege in the age of frontier models, governance frameworks that work in practice rather than only on paper, judicial orders and emerging case law, sanctions and hallucination risk, and the day-to-day realities of running a legal practice that is safe, ethical, and technologically current.
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Navigating the Carpenter Trap: AI Data and Privacy Concerns
The Moral Machine host Chris D. Warren interviews Morristown, New Jersey federal criminal defense attorney Ernesto Cerimele about the New York Times v. OpenAI lawsuit and Judge Wang’s May preservation order requiring OpenAI to retain all U.S. user-submitted materials. They argue the order’s scale (billions of users/chats) creates an unprecedented pool of private, potentially confidential AI chat logs, raising Fourth Amendment concerns under Carpenter and limits on the third-party doctrine for modern digital data. Cerimele discusses risks of general warrants, overbroad subpoenas, and law enforcement access to preserved logs revealing politics, health, relationships, and legal strategy. Proposed guardrails include search-warrant requirements, particularity (timeframes/keywords/topics), minimization akin to wiretap rules, filter teams for privilege, and stronger judicial oversight, citing New Jersey’s State v. Benoa suppressing an overbroad four-year phone search.
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ABOUT THIS SHOW
The rules of professional responsibility were written for a world without AI. The AI era is arriving faster than the guidance. Moral Machine is Chris Warren’s ongoing column on what that means for practicing lawyers, law firms, regulators, and the courts.The column covers attorney competence and the “reasonable degree” standard, confidentiality and privilege in the age of frontier models, governance frameworks that work in practice rather than only on paper, judicial orders and emerging case law, sanctions and hallucination risk, and the day-to-day realities of running a legal practice that is safe, ethical, and technologically current.
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The podcast about what today means for the years from now.
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