Does Section 230 Protect AI?

WE CAN THANK Section 230 of the 1996 Communications Decency Act for much of our freedom to communicate online. It enabled the rise of search engines, social media, and countless platforms that make our modern internet a thriving marketplace of all sorts of speech.

- Elizabeth Nolan Brown

Its first 26 words have been vital, if controversial, for protecting online platforms from liability for users' posts: “No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider.” If I defame someone on Facebook, I’m responsible—not Meta. If a neo-Nazi group posts threats on its website, it's the Nazis, not the domain registrar or hosting service, who could wind up in court.

How Section 230 should apply to generative AI, however, remains a hotly debated issue.

With AI chatbots such as ChatGPT, the “information content provider” is the chatbot. It's the speaker. So the AI—and the company behind it—would not be protected by Section 230, right?

Section 230 coauthor former Rep. Chris Cox (R-Calif.) agrees. “To be entitled to immunity, a provider of an interactive computer service must not have contributed to the creation or development of the content at issue,” Cox told The Washington Post in 2023. “So when ChatGPT creates content that is later challenged as illegal, Section 230 will not be a defense.”