Comment by codingdave
5 hours ago
> in which it may be viewed by another person
To me, that is the more interesting legal question. Does a LLM-based safety net that sends content to a human, when the original use case would not have sent it to a human, count as "may be viewed by another person". It certainly wasn't intended to be, and that isn't the norm. At the same time, because no security is perfect, we could say that any digital record, stored in any way "may be viewed by another person."
Something for the courts to sort out, of course.
The usual thing that makes laws against criminal conspiracy pass First Amendment muster is that the words have to be combined with some concrete acts furthering the criminal conspiracy. That might just be something as otherwise innocuous as looking up the blueprints of the bank you talked about robbing but it has to be something other than just talk.