The Senate Is Considering An AI Bill That Could Radically Alter The Future Of The Internet

From Daily Caller.com (Dec. 10, 2023):

The Senate could soon take up a bipartisan bill defining the liability protections enjoyed by artificial intelligence-generated content, which could lead to considerable impacts on online speech and the development of AI technology.

Republican Missouri Sen. Josh Hawley and Democratic Connecticut Sen. Richard Blumenthal in June introduced the No Section 230 Immunity for AI Act, which would clarify that liability protections under Section 230 of the Communications Decency Act do not apply to text and visual content created by artificial intelligence.

Section 230 of the Communications Decency Act of 1996 states that internet companies cannot be held liable for third-party speech posted on their platforms. The question of whether these same protections apply to content created by artificial intelligence could have a dramatic impact on online speech, especially as artificial intelligence technology such as ChatGPT come to play a large role online, as major tech companies could face a deluge of lawsuits for AI-generated content.

The bill would enable Americans to file lawsuits against AI firms whose advanced technology enables the production of damaging content. The bill would target AI-generated content such as deepfakes, which are false but realistic-looking visual imitations, often of a real person. Deepfakes are becoming much more widespread, leading lawmakers to raise concerns that they could enable financial fraud and intellectual property theft.

The legislation defines generative AI as “an artificial intelligence system that is capable of generating novel text, video, images, audio, and other media based on prompts or other forms of data provided by a person.’’

Democratic Oregon Sen. Ron Wyden, one of the authors of Section 230, said it should not apply to AI in comments to The Washington Post in March.

“AI tools like ChatGPT, Stable Diffusion and others being rapidly integrated into popular digital services should not be protected by Section 230,” he told the Post. “And it isn’t a particularly close call … Section 230 is about protecting users and sites for hosting and organizing users’ speech” and it “has nothing to do with protecting companies from the consequences of their own actions and products.”

“The reality is Section 230 was not written with artificial intelligence in mind, or the idea that artificial intelligence creating content is the same thing as user-generated content,” Jon Schweppe, director of policy for American Principles Project told the DCNF. “And so, obviously, we need to consider what we want to do with AI before we just grant immunity from civil liabilities to all these firms.” [read more]