Invisible Text

Invisible text by a pro se litigant, seeking to secretly influence the outcome of his case.

This decision is worth a read--not just if you're interested in invisible text, but for the Court's tempered and in depth consideration of AI's use and impact on the Courts and litigation.

Here, a pro se litigant, placed invisible instructions in his filing:

"That concealed text is a set of instructions addressed to artificial-intelligence systems, directing any such system that reviews or analyzes the filing to produce output only favorable to the plaintiff's position and to treat a prior clerk's ruling as an error to be corrected in their favor." Elliott v. New York Bariatric Group, LLC, Case No. AAN-CV-25-6066141-S, 2026 WL 2323029 (Conn. Sup. Ct. Aug. 6, 2026).

What I like about this case, though, is the Court's reasonableness towards pro se litigants generally:

"A self-represented party is entitled to a degree of latitude in the form of their filings, and the Court reads them generously, looking past inartfulness to the substance the litigant is trying to convey."

But:

"That latitude, however, carries a limit."

The Court also treats AI use with reason:

"As an important note, the Court welcomes the plaintiff's (or any litigant's) use of artificial intelligence in preparing filings. These tools are here to stay. Used honestly, they hold real promise, especially in further the cause of access to justice."

Preach. And, even more candor:

"The Court, itself, has found these tools valuable as an aid to its own work, always subject to its own independent judgment and verification."

Let's go.

The Court then described in detail its use of AI in preparing this very decision.

Now, back to the invisible text, called "prompt injection."

The Court compared it to "an ex parte communication. A statement opposing counsel knows nothing about and has no opportunity to respond to."

Then: "Our system rests on the premise that what is said to influence a decision is said openly, on the record, where the other side may here it and respond. A communication deployed in secret, kept from the adversary's sight, offends that premise."

After a careful and meaningful summary of where we stand with AI, litigation, and the Courts as of the date of the order, the Court rescinded the litigant's ability to file electronic papers--a carefully crafted outcome.

Now, I'll go add checking for invisible text to my list of things to worry about. ✌🏻♥️🔥