As if Section 230 didn’t already have enough to deal with, it is now becoming a battleground in the fight over liability for harms caused by generative AI outputs.
When an AI model generates an output, whose speech is it?
Is an AI model’s output “information provided by another information content provider” for Section 230 purposes? Or is it, functionally, first-party speech attributable to the model developer or the platform deploying it? That question is key because Section 230 protects online services from being treated as the publisher or speaker of information provided by “another” information content provider, not as the publisher or speaker of their own content.
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