Technology

Matthew Elliott AI court filings led to Connecticut e-filing sanction

A Connecticut judge barred Matthew Elliott from e-filing after finding hidden AI-directed text in his court papers.

James Whitfield

By James Whitfield · Staff Writer

3 min read

Matthew Elliott AI court filings led to Connecticut e-filing sanction
Photo: Ars Technica

Matthew Elliott AI court filings included concealed instructions aimed at any artificial-intelligence system that might read them, prompting a Connecticut judge to revoke his electronic-filing privileges. The court said the tactic did not affect the merits of Elliott’s case because the Connecticut Judicial Branch does not use AI to review or decide filings.

Judge Walter M. Spader Jr. addressed the conduct in an Aug. 6 memorandum in Elliott v. New York Bariatric Group, according to Harris Beach Murtha. Elliott, who is representing himself, had alleged that the healthcare provider was wrongly withholding records, Ars Technica reported.

What happened in Matthew Elliott’s AI court filings?

Spader found that filings submitted July 24 contained text in very small white type on a white background, according to Harris Beach Murtha and 404 Media. The formatting made the words nearly invisible to a person reading the document while keeping them available to software that extracts text.

The hidden instructions told an AI model reviewing the filing to make its output agree with Elliott’s position and to seek a result he wanted after an earlier denial, the reports said. Spader treated the text as an attempted prompt injection: an effort to place instructions inside material that may later be fed to an AI system, potentially influencing the system’s output.

The judge said the court reviewed Elliott’s submission on its merits and that the concealed text had no impact on the case, according to Ars Technica. Spader also said the state judicial branch was not using AI to process the documents, 404 Media reported.

Why did the court impose a sanction?

Elliott said the hidden text was an audit meant to determine whether the court was using AI, according to Ars Technica and 404 Media. Spader did not accept that explanation, finding that a concern about court AI use could have been raised openly rather than through concealed instructions.

The court’s response also reflected what happened after it warned Elliott. An order to show cause issued July 31 identified the issue and set an Aug. 4 hearing, Harris Beach Murtha reported. Elliott then submitted additional hidden material, including messages he later described as jokes, according to Ars Technica.

Spader concluded that sanctions were warranted but did not impose a monetary penalty or dismiss the lawsuit, the reports said. Instead, he rescinded Elliott’s ability to file electronically; future filings and exhibits must be submitted on paper. The restriction preserves Elliott’s ability to continue pursuing the case while preventing further use of the electronic filing channel, Harris Beach Murtha reported.

The ruling highlights a different AI-related court concern from fabricated citations or quotations: text supplied by a litigant may carry unseen commands intended for an AI tool used by a court, lawyer or other reader. Spader reportedly said he had found no Connecticut or other U.S. decision squarely addressing this conduct, according to Harris Beach Murtha.

This story draws on original reporting from Ars Technica.