What You Need to Know Before Using DeepSeek AI

Summary

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AI In Law — Episode Summary

Episode Overview

Episode Title: What You Need to Know Before Using DeepSeek AI
Host: Mitch Jackson
Date: January 30, 2025

This episode of "AI In Law" centers on the critical, often-overlooked risks of using DeepSeek AI in legal practice. Drawing from a recent post by legal tech expert Mitch Jackson, the hosts break down alarming issues found in DeepSeek’s Terms of Service (TOS). The discussion covers data retention, surveillance, international legal exposure, and DeepSeek’s unilateral power to change its policies, aiming to arm legal professionals with the knowledge necessary for safe AI adoption.

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Key Discussion Points & Insights

1. The Realities Hidden in DeepSeek’s Terms of Service

• Most users agree to TOS without reading them, putting themselves at risk.
• In the legal field, informed consent about data usage is crucial, especially when handling confidential information.
• "Most people don't realize that the TOS, those are like the contract between you and the company." — Speaker B [01:01]

2. Data Retention: Losing Control Over Your Information

• DeepSeek’s TOS states they may retain your data indefinitely—even after account deletion.
• This means any prompts, documents, or information you input could be stored—and potentially monetized—forever.
• "They can keep your data indefinitely." — Speaker B [02:10]
• "So they could be making money off our data even after we stop using their service?" — Speaker A
• "Exactly. It's about control, you know, and as a user, that lack of control should be a big concern." — Speaker B [02:41]

3. Surveillance and User Monitoring

• DeepSeek reserves the right to monitor and collect everything you input and everything the AI outputs, including keystrokes and editing history.
• Usage of the service for sensitive legal, financial, or business brainstorming may leave your confidential data exposed.
• "According to the TOS, they can collect all of that, even down to your keystrokes and editing history." — Speaker B [03:34]
• "It's like they're looking over your shoulder constantly." — Speaker A [03:36]

4. Legal Exposure: Foreign Jurisdiction and User Risks

• DeepSeek is governed by Chinese law, meaning Chinese authorities could potentially demand access to your data.
• U.S. or EU legal protections may not apply, and recourse for international users is limited and unclear.
• "That raises a whole other set of questions, especially for users outside of China." — Speaker B [04:05]

5. The Moving Goalposts: Unilateral Changes to Terms

• DeepSeek can change its TOS at any time, without notifying users.
• This increases legal and ethical risks, as rules and data practices could shift unexpectedly.
• "So the rules of the game could completely change, and we wouldn't even know about it." — Speaker A [04:36]
• "There's not much you can do about it except stop using the service." — Speaker B [04:58]

6. The Bottom Line: Who Really Controls the AI?

• Users should realize that with some AI services, "You're not just using the AI, the AI is using you." — Speaker B quoting Mitch Jackson [05:05]
• The power imbalance between users and AI providers, especially around data and privacy, demands vigilance and skepticism.
• "It feels like we're handing over control of our data and potentially even our privacy without fully understanding the consequences." — Speaker A [04:45]

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Notable Quotes & Memorable Moments

• [01:13] Speaker B: "With anything like that, especially when your data is involved, understanding those terms is absolutely crucial... It's about informed consent."
• [02:13] Speaker A & B:
  • "Indefinitely?"
  • "Indefinitely."
• [03:12] Speaker B: "Their TOS... gives them a pretty broad power to monitor and collect everything you put into the app and everything it generates for you."
• [03:36] Speaker A: "It's like they're looking over your shoulder constantly."
• [04:00] Speaker B: "That means Chinese authorities could possibly potentially demand access to user data."
• [05:05] Speaker B: "Mitch really hit the nail on the head in his post. He said, 'You're not just using the AI, the AI is using you.'"
• [05:41] Speaker A: "Your privacy is at stake."
• [05:42] Speaker B: "You have to ask yourself, what level of privacy am I willing to give up? How important is data security to me? Am I comfortable with the potential legal implications?"

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Timestamps for Key Segments

• [01:01] — Why TOS matter in legal tech and the basis for "informed consent"
• [02:05] — DeepSeek’s data retention policy: data kept indefinitely
• [03:02] — Surveillance & monitoring: scope of DeepSeek's data collection
• [03:56] — Legal exposure: implications of DeepSeek's TOS being governed by Chinese law
• [04:35] — Powerless users: unilateral TOS changes
• [05:05] — "You're not just using the AI, the AI is using you."
• [05:41] — Action steps for evaluating AI tools and data privacy

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Final Takeaways

• Evaluate AI Tools Thoroughly: Don’t let tech hype outweigh privacy and security risks. Read the TOS—especially for tools handling sensitive legal data.
• Data Stays Behind: Even when you leave, your information might remain with the company, out of your control.
• International Law Creates New Risks: Services governed by foreign law may put you and your clients’ data at unique risk.
• Stay Informed: As AI becomes a bigger part of daily legal work, pause before agreeing to terms—your practice and your clients may depend on it.

"Be informed, be aware, and always read the fine print." — Speaker A [06:17]

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Recommendation:
Connect with Mitch Jackson on LinkedIn and Bluesky for ongoing updates on AI law and legal tech best practices.

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Transcript

[A]

So, something kind of funny happened to me online the other day.

[B]

Oh, yeah?

[A]

Yeah. And it really got me thinking. You know, it all started with this post I saw in blue sky by this attorney, Mitch Jackson. You probably know him.

[B]

Oh, yeah, I've heard of him.

[A]

Yeah, he's pretty well known in the legal tech space.

[B]

Okay.

[A]

And so, anyway, he was talking about this new AI tool, DeepSeek AI. Have you heard of it?

[B]

Hmm. The name rings a bell.

[A]

Yes. It's one of those things that sounds amazing on the surface.

[B]

I see. One of those two good to be true things, huh?

[A]

Well, actually, that's kind of the point. Okay, see, Jackson, he started digging into the terms of service. You know, those things we all just click agree on.

[B]

Yep. Guilty as charged.

[A]

Well, apparently, with Deepseek AI, that's not a good idea.

[B]

Oh, really? What's the catch?

[A]

That's what this whole deep dive is about. Uncovering the catch.

[B]

Okay, so. Sounds interesting.

[A]

And that's why I'm so glad you're here to help us unpack all of this.

[B]

Happy to help.

[A]

So, the terms of service are where all the red flags are, Right?

[B]

Right. You see, most people don't realize that the tos, those are, like, the contract between you and the company.

[A]

Oh, I see.

[B]

Yeah. They outline exactly what you're agreeing to when you use their service.

[A]

Okay.

[B]

And with anything like that, especially when your data is involved, understanding those terms is absolutely crucial. You know, it's about informed consent.

[A]

Yeah. I have to admit, I'm usually guilty of just clicking through those things.

[B]

Oh, me, too.

[A]

But Jackson's post really made me stop and think, you know?

[B]

Yeah. It makes you wonder what you might be agreeing to without even realizing it. Like, what are they doing with their data? Right, Right.

[A]

And that's what's so concerning about Deep Seq AI.

[B]

Okay.

[A]

Jackson highlighted a few key areas in his post that really caught my attention. Data retention, surveillance, legal exposure, and even the fact that they can unilaterally change the terms whenever they want.

[B]

Wow. That's a lot.

[A]

Yeah. And that's just scratching the surface.

[B]

So, where do you want to start?

[A]

Well, let's start with data retention, because I think that's something a lot of people don't even consider.

[B]

Absolutely.

[A]

So tell us, what's going on with Deep Seq and data retention?

[B]

Well, Deep Seq tos, it states that even if you delete your account.

[A]

Yeah.

[B]

They can keep your data indefinitely.

[A]

Indefinitely?

[B]

Indefinitely.

[A]

Like forever?

[B]

Like forever.

[A]

So even after you're done using Deep Seek, they can still hold on to all Your information?

[B]

That's what it seems like, yeah.

[A]

And what does that mean for users?

[B]

Well, it means they could potentially use that data in ways you never agreed to.

[A]

Like what?

[B]

You know, like training other AI models. Oh. Or targeting you with personalized advertising, even selling it to third parties.

[A]

So they could be making money off our data even after we stop using their service?

[B]

Exactly. It's about control, you know, and as a user, that lack of control should be a big concern.

[A]

Yeah, I mean, if they can keep our data forever, who knows what they could do with it down the line.

[B]

Exactly.

[A]

Okay, so data retention is a huge red flag. What about this surveillance issue? How is Deepseek watching what users are doing?

[B]

So their tos, it gives them a pretty broad power to monitor and collect everything you put into the app and everything it generates for you.

[A]

So basically, everything you do on Deep Seek.

[B]

Pretty much.

[A]

That sounds pretty invasive.

[B]

It is. I mean, imagine you're using Deep Seek to, let's say, analyze some sensitive financial documents.

[A]

Okay.

[B]

Or brainstorm a new business idea. You know, things you wouldn't want just anyone to see. Right. Well, According to the ToS, they can collect all of that, even down to your keystrokes and editing history.

[A]

It's like they're looking over your shoulder constantly.

[B]

Exactly. And that raises a lot of questions about data security. You know, how secure is all that information they're collecting?

[A]

Not very, if you ask me.

[B]

Yeah, and the thing is, you have no idea what they're doing with it, what they're seeing.

[A]

That's a really uncomfortable thought, isn't it?

[B]

It is.

[A]

And then there's the legal exposure issue, which, honestly, sounds pretty scary.

[B]

Right? So Deep Seq, it's governed by Chinese law.

[A]

So.

[B]

Well, that means Chinese authorities could possibly potentially demand access to user data.

[A]

Wait, really?

[B]

Yeah. And that raises a whole other set of questions, especially for users outside of China.

[A]

Like what?

[B]

Well, you might not have the same legal protections or recourse that you would with a company operating under your own country's laws.

[A]

You could be subject to a whole different set of rules that you don't even know about.

[B]

Exactly. It's. It's a big gamble.

[A]

Okay, so we've got data retention, surveillance, legal exposure, and. And then to top it all off, Mitch mentioned that they can change their TOS at any time without even telling users.

[B]

Yeah, that's right.

[A]

So the rules of the game could completely change, and we wouldn't even know about it.

[B]

Exactly. And that just highlights a real power imbalance between the user and the company.

[A]

You know, Yeah. I mean, it feels like we're handing over control of our data and potentially even our privacy without fully understanding the consequences.

[B]

You're not wrong.

[A]

And to make it worse, they can just change the rules whenever they feel like it.

[B]

Yeah. And there's not much you can do about it except stop using the service.

[A]

Which at that point might already be too late because they have all your data.

[B]

Right. Mitch really hit the nail on the head in his post. He said, you're not just using the AI, the AI is using you.

[A]

That's a powerful statement and it's so true.

[B]

And it's something we should all think about, you know, as AI becomes more prevalent in our lives.

[A]

Yeah. It's easy to get caught up in all the cool features and forget about the potential risks.

[B]

Exactly. So as you're exploring these new AI tools like Deep Seek, remember that your data is valuable. Before you click agree on those terms of service, take a moment to really understand what you're agreeing to.

[A]

Your privacy is at stake.

[B]

Exactly. You have to ask yourself, what level of privacy am I willing to give up? How important is data security to me? Am I comfortable with the potential legal implications?

[A]

Those are all really important questions that we need to be asking ourselves more and more these days.

[B]

Absolutely. The more informed we are as consumers, the better choices we can make.

[A]

Well, this has been such an eye opening conversation. Thank you so much for breaking all of this down for us.

[B]

My pleasure.

[A]

And for our listeners, if you want to hear more from Mitch Jackson about this and other tech related legal issues.

[B]

He'S a great resource.

[A]

He really is. I highly recommend connecting with him on LinkedIn and Bluesky will drop those links for you.

[B]

Definitely do that.

[A]

Thanks for joining us on this deep dive. And remember, be informed, be aware, and always read the fine print.

[B]

Always.

[A]

Until next time.

[B]

See ya.