Communication requires two separate parties. Where was the second party here? An AI isn’t a person, it’s a computer program.
Exactly; for protection, it must be communications, and it must be between protected parties. Queries from a search engine or large language model are neither communications nor do they involve protected parties.
Critically Rakoff also eliminates the second criteria for being privileged: confidentiality! His reasoning: you sent it to Anthropic, and they can use it to train or disclose to other third parties!