MediaNama has filed a Right to Information (RTI) application with the Ministry of Electronics and Information Technology (MeitY), seeking information on whether it has convened any meetings to examine concerns about the surveillance of Indian users through ChatGPT and other AI tools developed by OpenAI.
What we asked:
- Has MeitY held any interdepartmental meetings regarding concerns about the US military’s surveillance of Indian users via ChatGPT and other AI tools developed by OpenAI? If yes, please provide the dates of any such meetings, a list of all participants, and minutes of the meetings. Please only provide those documents related to these meetings, either in print or digital form, that are not marked confidential.
- Has MeitY considered whether the deal between the US Department of War and OpenAI, which runs ChatGPT, could be subject to the US CLOUD Act or other US laws?
- Have any meetings been held within the ministry regarding a potential national security threat posed by the use of the ChatGPT app?
- Please clarify whether any rules have been notified or guidance issued to government officials, including instructions not to use AI apps such as ChatGPT, Claude, or Gemini, in the interest of national security.
- Has the ministry received any industry representation regarding the restriction on using these apps within the government and the IT ministry? If so, please provide copies of all such representations that are not marked confidential.
Why we asked these questions:
The deal protects Americans but not Indian users: OpenAI has struck a deal with the US Department of War that allows Washington to use its AI models in classified military operations. While the agreement prohibits the US government from using its AI models to conduct domestic surveillance of US persons, they can be used for foreign intelligence purposes, in compliance with applicable US laws. This means the US military can use OpenAI’s AI tools, including ChatGPT, to spy on foreign nationals, including those from India.
The US CLOUD Act makes it especially tricky: Under the Clarifying Lawful Overseas Use of Data Act (CLOUD Act), companies like OpenAI are legally bound to respond to requests from US law enforcement to disclose user data hosted on their servers, regardless of whether these servers are located in the US or abroad. Therefore, the onus lies on MeitY to alleviate concerns about whether OpenAI’s deal with the US military poses a risk to Indian users using ChatGPT, including government officials.
We will update our readers when MeitY responds to our RTI application.
Also read the recent RTIs filed by MediaNama:
