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Will Section 230 Protect AI Chatbots?

By Cassandre Coyer
June 01, 2023

\On May 18, the Supreme Court ruled in favor of Big Tech in the Gonzalez v. Google and Twitter v. Taamneh cases, which centered around whether social media platforms should be held liable for enabling terrorist actors by failing to limit their reach on their platforms.

But perhaps more significantly, in its ruling, the Court declined to reconsider the scope of Section 230's liability protections to account for technological advancements such as generative artificial intelligence. Specifically, the justices wrote that they "decline to address the application of §230 to a complaint that appears to state little, if any, plausible claim for relief."

The lack of answers from the Supreme Court regarding the scope of Section 230 of the 1996 Communications Decency Act comes at a time when legal questions around generative AI are mushrooming.

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