Magistrate Judge Wang is holding a hearing on May 27, 2:30 PM, to consider New York Times’ allegation that OpenAI has destroyed output log data in a way that might be spoliation of evidence. “News Plaintiffs’ request to compel OpenAI to identify the output logs it has destroyed since The Times filed its Original Complaint on December 27, 2023.”
Judge Wang ruled: “The Court has reviewed the News Plaintiffs’ renewal of their request for an order directing OpenAI to preserve all output log data on a going forward basis, (see ECF 29); (see also 23-cv-11195, ECF 483), and even OpenAI’s latest responses do not represent whether they have taken—or would take—steps to preserve and segregate the output log data that has been
marked or requested for deletion, absent a court order. (23-cv-11195, ECF 491). Moreover,
while the colloquy at the January 22 conference focused on the “many, many billions of
conversations that are retained,” (Tr. Jan. 22, 2025, at 37), the News Plaintiffs’ supplemental
letter suggests that the volume of deleted conversations is significant. (ECF 29).2
“Accordingly, OpenAI is NOW DIRECTED to preserve and segregate all output log data
that would otherwise be deleted on a going forward basis until further order of the Court (in
essence, the output log data that OpenAI has been destroying), whether such data might be
deleted at a user’s request or because of “numerous privacy laws and regulations” that might
require OpenAI to do so. SO ORDERED.“
The bold is in the original order, which means Judge Wang is not pleased with OpenAI.
UPDATE on May 15, 2025: OpenAI submitted a frantic letter asking Judge Wang to reconsider.
DOWNLOAD OPENAI’S LETTER TO JUDGE WANT