[tyzoid]

It doesn't even need to be a third party. Documents you make for yourself but never send to a third party could still be seized in a criminal context or subject to discovery in a civil one.

Attorney-client privilege is a special carve out because the courts have recognized that clients need to be open and honest with their attorneys to get proper counsel and representation.

This ruling is the court declining to extend that special carve out to non-lawyer AI tooling, and keeping the status quo of contemporaneous documents made by someone discoverable, whether or not shared with a third party. The judge draws from the TOS as an admonishment, effectively saying (my words, not the judge) the TOS should have put you on notice that you have no expectation this data is confidential.