Days before two University of South Florida graduate students went missing last month, a roommate of one of the students allegedly asked the AI chatbot ChatGPT an unusual question.
“What happens if a human has a put (sic) in a black garbage bag and thrown in a dumpster,” Hisham Abugharbieh asked on April 13, according to an affidavit filed by Florida prosecutors.
ChatGPT responded it sounded dangerous, the document states, and Abugharbieh then asked another question: “How would they find out.”
Those alleged entries to ChatGPT, included in court documents charging Abugharbieh with two counts of first-degree murder, are just the latest instance of investigators using AI chat histories as evidence in criminal investigations. A ChatGPT conversation was similarly used in the Los Angeles wildfires arson case, and a Snapchat AI conversation was key evidence in a 2024 murder trial in Virginia.
For investigators, these chat logs can provide valuable insights into a suspect’s mindset and motive.
“I think any communications with AI chatbots is like a treasure trove for law enforcement agencies,” said Ilia Kolochenko, a cybersecurity expert and attorney in Washington, DC. “(Suspects) believe their interactions with AI will remain confidential or will at least remain undisclosed or undiscovered, so they frequently ask very straightforward, very direct questions.”
The criminal cases underscore the growing use of AI chatbots for personal advice and the lack of privacy protections for those conversations. While AI chatbots have rapidly become a go-to source for legal advice, medical diagnoses and therapy, those conversations are not legally protected the way they would be with a licensed lawyer, doctor or therapist.
“People talk about the most personal sh*t in their lives to ChatGPT,” Altman said last July on a podcast with the comedian Theo Von. “People use it, young people especially, like use it as a therapist, a life coach, having these relationship problems. ‘What should I do?’
“And right now, if you talk to a therapist or a lawyer or a doctor about those problems, there’s like legal privilege for it. There’s doctor-patient confidentiality, there’s legal confidentiality, whatever. And we haven’t figured that out yet for when you talk to ChatGPT. So if you go talk to ChatGPT about your most sensitive stuff and then there’s like a lawsuit or whatever, we could be required to produce that.”
Several legal experts who spoke to CNN agreed with that analysis and said there was no expectation of privacy on AI chat apps.
“In my firm, we’re treating it as: Anything that somebody’s typing into ChatGPT is something that could be discoverable,” said Virginia Hammerle, an attorney based in Texas.
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