Through the 'No Section 230 Immunity for AI Act', Josh Hawley and Richard Blumenthal hope to hold AI companies accountable for their creations' creations.
intact. In May, SCOTUS dismissed a major case and declined to weigh in on the issue. But just because 230 is still the law of the land, that doesn’t mean it necessarily applies to AI. If you ask the people who wrote the original 1996 policy, it doesn’t.
Senator Ron Wyden along with former SEC chair and congressman, Chris Cox, who co-authored Section 230the provision shouldn’t apply to the text, video, or images that programs like OpenAI’s ChatGPT or DALL-E spit out.
, a professor of cybersecurity law at the U.S. Naval Academy and author of a 2019 book on Section 230,. “We don’t know if this would even be necessary,” Kosseff said of the pending bill in a phone call with Gizmodo. He cited Wyden and Cox’s position and noted that there’s been no legal test to show what stance U.S. courts might take.
Granted, Section 230 only protects online providers and platforms in the case of content that they don’t contribute to directly, Kosseff explained. And there’s an argument to be made that AI companies “contribute” in some way to everything that these programs produce.Be it through legislation, or another route, if Section 230 doesn’t apply to AI content,subject to existing defamation laws, Kosseff explained.
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