AI Transcription Bots: How Zoom Meetings Are Becoming Virtual Depositions

Post-pandemic, remote meetings have become the norm, AI transcription bots are increasingly taking a seat at the virtual table. In fact, in many Zoom meetings, there are often more AI bots capturing every word than there are people in attendance. While these transcription bots were originally introduced to help people recall what was discussed and track action items, they are changing the nature of business meetings in ways that could damage the foundation of trust essential to building relationships. AI transcription bots have shifted casual, off-the-record conversations that usually build cooperation and camaraderie into formal, deposition-like settings that can hurt business relationships.

In a typical first meeting, especially when networking or exploring a potential business relationship, the atmosphere is usually about feeling each other out. A few light jokes to see if people are relaxed, maybe some real talk about the industry, or figuring out mutual connections – these are the unwritten norms. Most people prefer to keep these discussions off the record, where they feel comfortable speaking freely and candidly. With transcription bots recording every word, it feels like having a parent chaperone your date, killing the conversation and acting as a massive buzzkill. This dynamic can stifle the open, relaxed vibe that’s so important for building rapport and trust.

Unlike Zoom’s obvious notification that the meeting is being recorded, these transcription bots work silently in the background. Their presence is often missed or forgotten entirely after the meeting begins, and this can lead to a false sense of privacy among participants. While the Zoom app may display the list of meeting attendees, these bots often blend in with the usernames and avatars, their presence easily overlooked. Over time, people in the meeting tend to forget that every word, every joke, every offhand comment is being captured.

What makes this sneaky is that it doesn’t feel like you’re being recorded, which puts business professionals at risk of saying things they wouldn’t otherwise say. After all, most people speak differently in a private conversation than they would if they knew everything they said would be written down and possibly reviewed later. There’s a difference between contributing to a conversation in a way that progresses business and speaking under the assumption that every word will be archived, shared, or even weaponized later.

A Chilling Effect on Open Communication

The most concerning impact of these transcription bots is the chilling effect they have on open communication. In early business meetings, whether it’s to explore a potential partnership, gauge cultural fit, or simply connect on a personal level, candor is critical. When people feel like they’re being recorded, they’re much less likely to take risks in the conversation or express their true feelings. Instead of speaking their minds, they’re careful, guarded, and wary of saying anything that could be misinterpreted later.

This hesitation, in turn, makes it much harder to build trust. Trust is the foundation of every good business relationship, and it’s built by being open and honest with each other. When AI transcription bots loom in the background, people feel as though every word could come back to haunt them, and they start to speak in carefully calculated ways, avoiding anything that might be taken the wrong way. Rather than bonding over shared jokes or real talk, the conversation becomes stiff, formal, and lacking the personal touch that’s needed to create a lasting connection.

Legal Implications in a Two-Party Consent State

On top of the trust issues, there are also potential legal ramifications to consider, especially in states like California, which require both parties to consent to being recorded. The presence of transcription bots raises thorny questions about whether they count as a form of recording and, if so, whether both parties have given informed consent.

While Zoom has a built-in notification for when the meeting is being recorded, transcription bots fly under the radar. People might not be aware that their conversation is being transcribed, and in some cases, they might not have explicitly agreed to it. This opens up a gray area of legality, where participants in the meeting might later claim they were recorded without their consent. In two-party consent states like California, this could lead to lawsuits or other legal consequences, further complicating business dealings that were already off to a rocky start due to the lack of trust fostered by the bots.

In California, using an AI transcriber in a business meeting without notifying the other party may violate the state’s two-party consent law under California Penal Code § 632. This law mandates that all participants in a conversation must be informed and provide consent before any recording of "confidential communication," which includes discussions where one party reasonably expects privacy. If an AI transcription bot records the conversation without the explicit knowledge and agreement of all attendees, it could be considered illegal, leading to civil or criminal penalties, including fines and potential lawsuits.

Moreover, even in business contexts, participants have a reasonable expectation that their conversations will remain private unless informed otherwise. Recording conversations without consent can infringe upon their right to privacy, as protected by both state and federal laws. California’s Constitution explicitly recognizes this right, and unauthorized recording may be deemed an invasion of privacy, particularly if sensitive information is involved. Additionally, failing to disclose the use of an AI transcriber and subsequently using the recording to harm another party can result in claims of unfair business practices, potentially opening the door to legal actions based on fraud or misrepresentation.

While it’s unlikely that anyone will file a civil complaint after a first meeting with you, it’s essential to understand the legal statutes that could be leveraged by those who might become adversaries in the future.

The Danger of Leaked Transcripts

Another troubling aspect of AI transcription bots is the potential for the transcripts and recordings to be misused. Say a business meeting doesn’t go well, or a prospective employee is interviewing with multiple companies and wants to play one against the other. In these scenarios, the exact transcript of what was said could be shared in a way that’s damaging to the parties involved. The written words from the transcript lack the nuance, tone, and context of the original conversation, which could make offhand comments or jokes seem more serious or malicious than they were intended to be.

Moreover, having the actual audio recording could allow people to take things out of context or even selectively edit the conversation to make someone look bad. This is especially concerning in competitive industries, where a single misstep could have far-reaching consequences. The presence of a transcription bot means that everything said is on the record and could potentially be used against someone later. This creates an environment of suspicion and fear, where people are more focused on protecting themselves than on building a productive relationship.

The Future of AI Bots in Business Meetings

As society becomes more comfortable with AI and its various applications, transcription bots will likely become a fixture in many business meetings. For larger, formal meetings, this may not be an issue. When people know from the outset that the meeting will be recorded and transcribed, they can adapt their communication accordingly. However, for one-on-one meetings and smaller, more intimate discussions, the presence of these bots will likely become less common as people begin to realize the damage they can do to trust and rapport.

I prefer to avoid using any AI transcription bots during one-on-one Zoom calls with current or potential partners, opting instead to jot down key conversational points. However, when I'm in a meeting or seminar, you can bet I have my Otter AI transcriber on hand, allowing me to listen in the background while I knock out some emails. -
Robert Mowry, Palo Alto Partners

The key is to strike a balance. While transcription bots are helpful for remembering what was said and keeping track of key points, they must be used transparently and with everyone’s consent. In environments where trust and relationship-building are crucial, it may be wise to exclude bots from the conversation entirely. The foundation of any business relationship is trust, and while AI transcription bots have their advantages, they can undermine that trust. Without trust, meaningful connections are difficult to establish, and without those connections, successful business partnerships are unlikely to thrive.