The first of two potentially momentous rulings.
“We’re a court. We really don’t know about these things. These are not the nine greatest experts on the internet.”
Supreme Court Justice Elena Kagan made the wryly self-deprecating comment early in oral arguments for, a potential landmark case covering Section 230 of the Communications Decency Act of 1996. The remark was a nod to many people’s worst fears about the case.could unwind core legal protections for the internet, and it will be decided by a court that’s shown an appetite forBut during a remarkably entertaining session of questions today, the court took an unexpectedly measured look at Section 230.
The fine-line distinctions around Section 230 were a recurring theme in the hearing, and for good reason.targets “algorithmic” recommendations like the content that autoplays after a given YouTube video, but as Kagan pointed out, pretty much anything you see on the internet involves some kind of algorithm-based sorting. “This was a pre-algorithm statute, and everyone is trying their best to figure out how this statute applies,” Kagan said.
Introducing liability to these algorithms raises all kinds of hypothetical questions.
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