Internet companies scored a win thanks to a recent ruling from the U.S. Supreme Court. The discussion centered on legal protections against lawsuits related to content posted by users—specifically content tied to acts of terrorism in this case.
The Supreme Court justices ruled in favor of Google’s YouTube platform as well as Twitter while examining two separate cases. Both cases involved lawsuits from family members of individuals killed overseas in attacks by the Islamic State militant group. The plaintiffs claimed that neither YouTube nor Twitter did enough to police pro-terrorism content and purge it from their platforms.
For now, the Supreme Court ruling is a win for internet companies who rely on the protections of Section 230 of the Communications Decency Act. However, fierce opposition to the federal law remains and notable figures on both sides of the political spectrum have called for Section 230 to be reexamined.
In 2017, a Jordanian man named Nawras Alassaf was killed in an Istanbul nightclub during a New Year’s celebration along with 38 others. The Islamic State militant group claimed responsibility for the attack, one of many in recent years.
Afterward, Alasaff’s American relatives sued Twitter, hoping to invoke the Anti-Terrorism Act, a law that allows Americans to recover damages following international terrorist acts. The plaintiffs claimed that Twitter was responsible for aiding and abetting the terrorist group by not removing associated accounts and posts from the platform.
The lawsuit was originally dismissed. However, a 9th U.S. Circuit Court of Appeals judge revived it, claiming that Twitter did not take “meaningful steps” to prevent the Islamic State from using its platform. The Supreme Court, however, has now voted unanimously to reverse the lower court’s ruling.
Justice Clarence Thomas said following the decision, “These allegations are thus a far cry from the type of pervasive, systemic and culpable assistance to a series of terrorist activities that could be described as aiding and abetting each terrorist act.”
A second lawsuit, involving YouTube, was filed by the family of Nohemi Gonzalez, who was killed in a 2015 Islamic State attack in Paris. The family claimed that YouTube offered the terrorist group assistance by recommending its content to users.
Despite the latest ruling, Section 230 remains far from safe. On one side, internet companies rely on the safeguard that prevents them from being sued for user-generated content on their platforms. But critics claim Section 230 prevents internet companies from being held accountable for content that leads to real-world harm.
Google General Counsel Halimah DeLaine Prado said in a statement, “Countless companies, scholars, content creators, and civil society organizations who joined us in this case will be reassured by the result. We’ll continue our work to safeguard free expression online, combat harmful content, and support businesses and creators who benefit from the internet.”
Internet companies will continue pushing for the protections offered by the federal law. Even the best moderation systems can’t filter out every single piece of harmful content. Some will inevitably slip through the cracks. So should Section 230 be removed or significantly weakened, hosting user-generated content suddenly becomes a much riskier proposition.
The recent Supreme Court ruling was the first to examine Section 230’s reach, but it surely won’t be the last.
Notably, a bipartisan bill was recently introduced in the Senate, clarifying that the law does not apply to generative artificial intelligence (AI) like ChatGPT. The No Section 230 Immunity for AI Act adds “a clause that strips immunity from AI companies in civil claims or criminal prosecutions involving the use or provision of generative AI.”
Should the bill become law, it would allow people to sue companies like OpenAI for harm resulting from the use of AI models. The bill also opens the door for a wider rework of Section 230 if lawmakers choose to aggressively pursue that route.
This proceeding treads a dangerous line for AI companies since it potentially opens the door for crippling lawsuits. It’s difficult to imagine OpenAI and others quietly accepting the legislation, despite earlier efforts to cooperate with lawmakers on regulation.
The larger discussion around Section 230 remains one of the hottest topics for the tech industry. Its ramifications will have a significant impact on the internet and the billions who rely on it every day.