The Supreme Court heard arguments today in the first case challenging critical protections for tech companies under Section 230 of the Communications Decency Act to be argued before the high court.
The case hinges on the bounds of Section 230’s liability protection. Under the statute, platforms are currently not held liable for any of the vast quantities of third party content that they channel to users. The petitioners, the family of a 23-year-old woman killed by ISIS, say that Google is partly responsible due to the presence of ISIS videos on YouTube.
In questions to the petitioners’ attorney, Eric Schnapper, the Supreme Court justices explored the question of where to draw the line between third party content that is carried by platforms, and content that the platforms should be held liable for.In one exchange, Justice Sonia Sotomayor raised the question of whether algorithms that are specifically written to discriminate should be beyond the protections of Section 230, due to its conflict with anti-discrimination statutes.
Justice Samuel Alito, another conservative justice, also took a dim view of the petitioners’ case. “I admit I’m completely confused by whatever argument you’re making at the present time,” Alito told Schnapper. “I could imagine a world where you’re right, that none of this stuff gets protection. And you know — every other industry has to internalize the costs of its conduct. Why is it that the tech industry gets a pass? [It’s] a little bit unclear,” said Kagan.
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