Source: The National Law Review

The National Law Review provides a critical advisory regarding the widespread adoption of AI-powered note-taking and transcription tools like Otter.ai, Zoom AI Companion, and others. The article highlights the significant legal risks associated with these tools, primarily concerning state and federal wiretapping and eavesdropping laws. It explains that in "two-party consent" jurisdictions (such as California, Florida, and Pennsylvania), utilizing an AI bot to record and transcribe a conversation without the express consent of all participants can constitute a criminal offense and give rise to civil liability.

Beyond the issue of consent, the piece explores the data privacy implications of storing sensitive business discussions on third-party servers. It warns that many users inadvertently waive attorney-client privilege or expose trade secrets by allowing AI tools to process and retain meeting data. The article advises legal departments and HR professionals to implement strict governance policies, requiring audible notifications when AI scribes are present and vetting the terms of service of these vendors to ensure data is not used to train public models.