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GPT-4o about DOGE's use of AI: AI-based loyalty surveillance, Use of disappearing messages, FOIA noncompliance, Conflict of interest (Musk), Data access consolidation.

GPT-4o about DOGE's use of AI: AI-based loyalty surveillance, Use of disappearing messages, FOIA noncompliance, Conflict of interest (Musk), Data access consolidation.

If confirmed, these actions not only skirt legal boundaries but also strike at the heart of constitutional protections, transparency obligations, and democratic norms.

Pascal Hetzscholdt
April 09, 2025

Asking ChatGPT-4o: Please analyze the article “Exclusive: Musk's DOGE using AI to snoop on U.S. federal workers, sources say” and tell me whether any of this is likely to be unlawful or unconstitutional.

ChatGPT-4o’s answer:
Based on a close analysis of the Reuters article “Exclusive: Musk's DOGE using AI to snoop on U.S. federal workers, sources say” (April 8, 2025), multiple aspects of the described activities raise serious legal and constitutional concerns, especially regarding:

🔒 1. Potential Violations of the U.S. Constitution

A. First Amendment – Free Speech and Political Expression

The alleged use of AI to monitor federal workers' communications for “anti-Trump” or “anti-Musk” sentiment likely infringes upon First Amendment rights. Public employees retain protected rights to express political views, especially when not speaking as representatives of the government.
Kathleen Clark, a government ethics expert, notes this could “suppress or deter speech that the president of the United States doesn’t like,” which courts have historically ruled unconstitutional when it leads to retaliation, surveillance, or chilling of lawful expression.

B. Fourth Amendment – Protection from Unreasonable Searches

AI surveillance of employee communications (including Microsoft Teams and Signal) without individualized suspicion or judicial oversight may violate the Fourth Amendment. While workplace communications can be monitored to a degree, courts have emphasized the need for proportionality, transparency, and legal authorization.
Secret monitoring for ideological loyalty tests would likely be viewed as overreaching and lacking probable cause or legitimate governmental interest.

🏛️ 2. Federal Records and Transparency Laws

A. Federal Records Act

The use of Signal, a disappearing-messages app, may violate the Federal Records Act if messages are not preserved. As noted in the article: “If they’re using Signal and not backing up every message to federal files, then they are acting unlawfully,” per Clark.

B. Freedom of Information Act (FOIA)

The Trump administration argues DOGE isn’t subject to FOIA, as it is part of the Executive Office of the President. However, a federal judge has already ordered DOGE to begin handing over records to the watchdog group CREW, indicating the judiciary views at least some of its activities as subject to public accountability laws.

⚖️ 3. Ethics and Conflicts of Interest

As a “special government employee,” Elon Musk is prohibited from participating in government activities that benefit himself or his companies. If DOGE's AI deployment or data access benefits Musk’s companies (e.g. via Grok AI development), it could breach ethics statutes such as 18 U.S.C. § 208.
The bypassing of vetting and use of unofficial collaboration tools (e.g., shared Google Docs) undermines chain-of-custody requirements and proper oversight mechanisms.

🛑 4. Procedural and Administrative Violations

Shutting career civil servants out of databases, particularly at the Office of Personnel Management (OPM), and concentrating data access to political appointees (as reported) raises both due process and whistleblower retaliation concerns.
This type of centralization, if used to target dissent or restructure civil service for political loyalty, could be unlawful under the Civil Service Reform Act and whistleblower protection laws.

🧭 Summary: Likely Legal Violations

If confirmed, these actions not only skirt legal boundaries but also strike at the heart of constitutional protections, transparency obligations, and democratic norms. Let me know if you'd like a formal memo or brief on this for legal, journalistic, or advocacy use.