SCOTUS “confused” after hearing arguments for weakening Section 230 immunity
Enlarge / Jose Hernandez and Beatriz Gonzalez, stepfather and mother of Nohemi Gonzalez, who died in a terrorist attack in Paris in 2015, arrive to speak to the press outside of the US Supreme Court following oral arguments in Gonzalez v. Google on February 21 in Washington, DC. (credit: Drew Angerer / Staff | Getty Images News)
Today, the Supreme Court heard oral arguments to decide whether Section 230 immunity shields online platforms from liabilities when relying on algorithms to make targeted recommendations. Many Section 230 defenders feared that the court might be eager to chip away at the statute's protections, terrified that in the worst-case scenario, the Supreme Court could doom the Internet as we know it. However, it became clear that justices had grown increasingly concerned about the potential large-scale economic impact of making any decision that could lead to a crash of the digital economy or an avalanche of lawsuits over targeted recommendations.
The case before the court, Gonzalez v. Google, asks specifically whether Google should be held liable for allegedly violating federal law that prohibits aiding and abetting a terrorist organization by making targeted recommendations that promoted ISIS videos to YouTube users. If the court decides that Section 230 immunity does not apply, that single decision could impact how all online platforms recommend and organize content, Google and many others have argued.
Congress was clear that Section 230 protects the ability of online services to organize content," Halimah DeLaine Prado, Google's general counsel, told Ars in a statement. Eroding these protections would fundamentally change how the Internet works, making it less open, less safe, and less helpful."