AI Review of Privileged Material and the Waiver Question
Sending privileged material through an external AI service is a disclosure to a third party, and voluntary disclosure to a third party waives privilege. The reasoning is straightforward and a federal court has now applied it. A second federal court reached the opposite conclusion on the same question within days, on a distinction the first did not draw. The position is genuinely unsettled, and the parts that are settled point at configuration choices rather than at a prohibition.