A very interesting forthcoming article by noted media lawyer Steve Zansberg in the Fall 2026 issue of the Communications Lawyer; the Summary:
- AI prompts and outputs used by government officials to conduct public business should generally be treated as public or agency records subject to state public records laws and FOIA.
- While courts have not yet resolved how these laws apply to AI chatbot conversations, existing legal principles strongly support disclosure when the records relate to official functions.
- Practical barriers such as poor retention, high costs, and asserted privileges will likely shape future disputes over access.
And an excerpt from the Introduction:
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