Comment by kopecs

Do you think the 4th amendment enjoins courts from requiring the preservation of records as part of discovery? The court is just requiring OpenAI to maintain records it already maintains and segregate them. Even if one thinks that _is_ a government seizure, which it isn't---See Burdeau v. McDowell, 256 U.S. 465 (1921); cf. Walter v. United States, 447 U.S. 649, 656 (1980) (discussing the "state agency" requirement)---no search or seizure has even occurred. There's no reasonable expectation of privacy in the records you're sending to OpenAI (you know OpenAI has them!!; See, e.g., Smith v. Maryland, 442 U.S. 735 (1979)) and you don't have any possessory interest in the records. See, e.g., United States v. Jacobsen, 466 U.S. 109 (1984).