TechDigits

Tech news
Thursday, Mar 23, 2023

U.S. Supreme Court torn over challenge to internet firms' legal shield

U.S. Supreme Court torn over challenge to internet firms' legal shield

U.S. Supreme Court justices on Tuesday expressed uncertainty over whether to narrow a legal shield protecting internet companies from a wide array of lawsuits in a major case involving YouTube and the family of an American student fatally shot in a 2015 rampage by Islamist militants in Paris.
The justices heard arguments in an appeal by the family of Nohemi Gonzalez, a 23-year-old student at California State University, Long Beach who was studying in France, of a lower court's dismissal of a lawsuit against Google LLC-owned YouTube. Google and YouTube are part of Alphabet Inc (GOOGL.O).

The Supreme Court for the first time in this case is scrutinizing the scope of a much-debated 1996 federal law called Section 230 of the Communications Decency Act, which protects internet companies from liability for content posted by their users. In dismissing the lawsuit, the San Francisco-based 9th U.S. Circuit Court of Appeals relied upon Section 230.

The justices signaled concern about the potential consequences of limiting immunity for internet companies and the difficulty in figuring out where to draw that line while also expressing skepticism that these businesses should be shielded for certain types of harmful or defamatory content.

"These are not like the nine greatest experts on the internet," liberal Justice Elena Kagan said of the court's members, eliciting laughter in the courtroom.

Kagan and conservative colleague Justice Brett Kavanaugh both suggested Congress might be better suited to adjust legal protections for internet companies if warranted.

The lawsuit accused Google of providing "material support" for terrorism and claimed that YouTube, through the video-sharing platform's computer algorithms, unlawfully recommended videos by the Islamic State militant group, which claimed responsibility for the Paris attacks that killed 130 people, to certain users. The recommendations helped spread Islamic State's message and recruit jihadist fighters, the lawsuit said.

Kagan told a lawyer for the Gonzalez family, Eric Schnapper, that algorithms are widely used to organize and prioritize material on the internet and asked: "Does your position send us down the road such that (Section) 230 really can't mean anything at all?"

Schnapper replied no and added, "As you say, algorithms are ubiquitous. But the question is, 'What does the defendant do with the algorithm?'"

ANTI-TERRORISM LAW

The lawsuit was brought under the U.S. Anti-Terrorism Act, a federal law that lets Americans recover damages related to "an act of international terrorism."

Google and its supporters have said a win for the plaintiffs could prompt a flood of litigation against platforms and upend how the internet works. The case is a threat to free speech, they added, because it could force platforms to stifle anything that could be considered remotely controversial.

The justices wondered whether YouTube should lose immunity if the algorithms that provide recommendations are "neutral" or used to organize content based on users' interests.

"I'm trying to get you to explain to us how something that is standard on YouTube for virtually anything that you have an interest in suddenly amounts to 'aiding and abetting' because you're in the ISIS category," Justice Clarence Thomas told Schnapper, using initials for the Islamic State group.

Justice Samuel Alito asked Lisa Blatt, the lawyer representing Google: "Would Google collapse and the internet be destroyed if YouTube, and therefore Google, were potentially liable for hosting and refusing to take down videos that it knows are defamatory and false?"

Blatt responded, "Well, I don't think Google would. I think probably every other website might be because they're not as big as Google."

The justices struggled with where to draw the line in potentially eroding Section 230 protections.

Conservative Chief Justice John Roberts questioned whether Section 230 should apply given that recommendations are provided by YouTube itself.

"The videos just don't appear out of thin air, they appear pursuant to the algorithms," Roberts said.

Kagan wondered about a website delivering defamatory content to millions of its users.

"Why should there be protection for that?" Kagan asked.

Section 230 protects "interactive computer services" by ensuring they cannot be treated as the "publisher or speaker" of information provided by users.

Critics have said Section 230 too often prevents platforms from being held accountable for real-world harms. Liberals have complained of misinformation and hate speech on social media while conservatives have said voices on the right are censored.

President Joe Biden's administration urged the Supreme Court to revive the lawsuit by Nohemi Gonzalez's family.

A ruling is due by the end of June.

The justices on Wednesday will hear arguments in a related case over whether Twitter Inc (TWTR.MX) can be held liable under the Anti-Terrorism Act for aiding and abetting an "act of international terrorism" by allegedly failing to adequately screen its platform for the presence of militant groups.
Newsletter

Related Articles

TechDigits
Close
0:00
0:00
Donald Trump arrested – Twitter goes wild with doctored pictures
Credit Suisse's Scandalous History Resulted in an Obvious Collapse - It's time for regulators who fail to do their job to be held accountable and serve as an example by being behind bars.
Russian Hackers Preparing New Cyber Assault Against Ukraine
A brief banking situation report
Elon Musk Is Planning To Build A Town In Texas For His Employees
The Silicon Valley Bank’s collapse effect is spreading around the world, affecting startup companies across the globe
Market Chaos as USDC Loses Peg to USD after $3.3 Billion Reserves Held by Silicon Valley Bank Closed.
Banking regulators close SVB, the largest bank failure since the financial crisis
In a major snub to Downing Street's Silicon Valley dreams, UK chip giant Arm has dealt a serious blow to the government's economic strategy by opting for a US listing
It's the question on everyone's lips: could a four-day workweek be the future of employment?
Corruption and Influence Buying Uncovered in International Mainstream Media: Investigation Reveals Growing Disinformation Mercenaries
Being a Tiktoker might be expensive…
China's top tech firms, including Alibaba, Tencent, Baidu, NetEase, and JD.com, are developing their own versions of Open AI's AI-powered chatbot, ChatGPT
This shocking picture, showing how terrible is the results of the earthquake in Turkey
The desk of King Carlos Alberto of Sardinia has many secret compartments
Charlie Munger, calls for a ban on cryptocurrencies in the US, following China's lead
First generation unopened iPhone set to fetch more than $50,000 at auction.
Almost 30% of professionals say they've tried ChatGPT at work
Interpol seeks woman who ran elaborate exam cheating scam in Singapore
What is ChatGPT?
Tesla reported record profits and record revenues for 2022
Microsoft is finalising plans to become the latest technology giant to reduce its workforce during a global economic slowdown
Tesla slashes prices globally by as much as 20 percent
After Failing To Pay Office Rent, Twitter May Sell User Names
FTX fraud investigators are digging deeper into Sam Bankman-Fried's inner circle – and reportedly have ex-engineer Nishad Singh in their sights
TikTok CEO Plans to Meet European Union Regulators
U.S. Moves to Seize Robinhood Shares, Silvergate Accounts Tied to FTX
Coinbase to Pay $100 Million in Settlement With New York Regulator
FTX assets worth $3.5bn held by Bahamas securities regulator
Former FTX CEO Bankman-Fried finally arrested in Bahamas after U.S. files charges
Corruption works: House Financial Services Chair Waters doesn't plan to subpoena her donor, Sam Bankman-Fried, to testify at hearing on FTX collapse
Yellen hints at ‘national security’ probe into Twitter purchase
Elon Musk reinstates Donald Trump's Twitter account.
George W. Bush and Barack Obama will hold back-to-back disinformation conferences
Solar + Powerwall ensures you never lose power, even if the grid goes down
This man paid for strangers' grocery and it moved them to tears
Meta introduces a new version of Mark Zuckerberg
Virtual Reality on billboards: BMW advertisement on Times Square
Apple CEO Tim Cook says coding should be taught as early as elementary school: 'It's the most important language you can learn'
Apple Executive Resigns After Viral TikTok Shows Him Making Crude Jokes
Huawei is not only better technology, but also protecting users better: Apple Warns Of Security Flaw For Iphones, Ipads And Macs
Mark Zuckerberg warns many teams will ‘shrink’ as Meta revenue drops
Elon Musk reportedly begged for forgiveness after his affair with Google co-founder Sergey Brin's wife
J.P. Morgan’s wealth management guru has some advice for recent college graduates on managing money and building wealth
Pentagon widens scope of UFO-hunting unit
Bezos' girlfriend Lauren Sanchez gives $1M to group focused on migrant kids at US-Mexico border
Hong Kong gets its first metaverse churches with avatars and virtual preachers
The ‘Dirty Quid Pro Quo’ Between Democrats and Big Tech
Elon Musk swore in March not to sell any Bitcoin, but Tesla cashed out 75% of its Bitcoin holdings amid the crypto winter just months later
Crypto winter continues at Gemini as another round of layoffs hits Winklevoss crypto exchange
×