The U.S. Supreme Court is looking at the scope of liability protections for algorithmic recommendations under Section 230. How does that apply to AI-powered search engines? Keker, Van Nest & Peters Partner Matan Shacham shares his thoughts in an article with Corporate Counsel.
“Hypothetically I think, if the Court were to rule for the plaintiffs in either the Gonzalez matter or the [Twitter v. Taamneh] matter … that algorithms are not protected by the Communications Decency Act (CDA), or if it were to otherwise significantly limit the CDA in some some other way down the road, that could potentially make it harder for AI-powered search engines to claim the same sort of robust CDA protections that exist under the existing laws for existing technologies,” noted Shacham.
“If there’s going to be a legal distinction between search algorithms and AI, where do you draw that line?” Shacham noted. “How does that work from a technical perspective? That’s something that’s going to require a lot of careful thought and a lot of development.”
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