Are AI-Generated Search Results Still Protected by Section 230?

Starting this week millions will see AI-generated answers in Google's search results by default. But the announcement Tuesday at Google's annual developer conference suggests a future that's "not without its risks, both to users and to Google itself," argues the Washington Post:For years, Google has been shielded for liability for linking users to bad, harmful or illegal information by Section 230 of the Communications Decency Act. But legal experts say that shield probably won't apply when its AI answers search questions directly. "As we all know, generative AIs hallucinate," said James Grimmelmann, professor of digital and information law at Cornell Law School and Cornell Tech. "So when Google uses a generative AI to summarize what webpages say, and the AI gets it wrong, Google is now the source of the harmful information," rather than just the distributor of it... Adam Thierer, senior fellow at the nonprofit free-market think tank R Street, worries that innovation could be throttled if Congress doesn't extend Section 230 to cover AI tools. "As AI is integrated into more consumer-facing products, the ambiguity about liability will haunt developers and investors," he predicted. "It is particularly problematic for small AI firms and open-source AI developers, who could be decimated as frivolous legal claims accumulate." But John Bergmayer, legal director for the digital rights nonprofit Public Knowledge, said there are real concerns that AI answers could spell doom for many of the publishers and creators that rely on search traffic to survive - and which AI, in turn, relies on for credible information. From that standpoint, he said, a liability regime that incentivizes search engines to continue sending users to third-party websites might be "a really good outcome." Meanwhile, some lawmakers are looking to ditch Section 230 altogether. [Last] Sunday, the top Democrat and Republican on the House Energy and Commerce Committee released a draft of a bill that would sunset the statute within 18 months, giving Congress time to craft a new liability framework in its place. In a Wall Street Journal op-ed, Reps. Cathy McMorris Rodgers (R-Wash.) and Frank Pallone Jr. (D-N.J.) argued that the law, which helped pave the way for social media and the modern internet, has "outlived its usefulness." The tech industry trade group NetChoice [which includes Google, Meta, X, and Amazon] fired back on Monday that scrapping Section 230 would "decimate small tech" and "discourage free speech online." The digital law professor points out Google has traditionally escaped legal liability by attributing its answers to specific sources - but it's not just Google that has to worry about the issue. The article notes that Microsoft's Bing search engine also supplies AI-generated answers (from Microsoft's Copilot). "And Meta recently replaced the search bar in Facebook, Instagram and WhatsApp with its own AI chatbot." The article also note sthat several U.S. Congressional committees are considering "a bevy" of AI bills...

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