'We're a court. We really don't know about these things. You know, these are not like the nine greatest experts on the internet,' Justice Elena Kagan said of her Supreme Court colleagues.
Section 230 of the Communications Decency Act -- known in the tech world as the "26 words that created the modern internet" --for content posted by individual users, no matter how discriminatory, defamatory or even dangerous the information may be.
"Algorithms are ubiquitous, but the question is what does the defendant do with algorithm," said Gonzalez family counsel Eric Schnapper. "If it uses the algorithm to direct, to encourage people to look at ISIS videos, that's within the scope of [liability]."Beatriz Gonzalez and Jose Hernandez, the mother and stepfather of Nohemi Gonzalez who was fatally shot in the 2015 Paris attacks, stand outside the U.S. Supreme Court after justices heard arguments in Gonzalez v.
Nearly all the justices appeared sympathetic to legal protection for internet companies as publishers, with many voicing concern about a potential flood of lawsuits that could come from ending immunity for algorithms. Justice Elena Kagan noted that algorithms are so integral to the digital age that allowing the Gonzalez family to sue over them could render Section 230 meaningless.
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