NECESSARY CLARIFICATION BEFORE YOU FREAK OUT!!
LegalEagle (who I like!) makes a false implication in this video, and you can see that same idea in the CNN article as well. This ruling would not âobliterateâ section 230. It adds an interpretation to it that was not considered when the law was written back in 1997: the role of recommendation algorithms in defining whether or not a website is acting as a publisher. This wasnât necessary in 1997 because those algorithms didnât exist.
This is a ruling that would NOT negatively impact sites like Reddit or Tumblr, which donât rely on recommendation algorithms to operate.
Supreme court cases like this operate in a very narrow scope. The question in this case is not âis section 230 legal?â or âare websites culpable for user content?â The question is âdoes a recommendation algorithm constitute an active promotion of third party content that moves a site from the role of host to the role of publisher?â This is very different from the question of good faith moderation that he discusses in the video, though he conflates the two.
If your website actively selects articles to post, youâre a publisher and liable for the articles you post. If youâre a user content-based site and not moderating at all, youâre a host. Youâre not responsible for any of it. Section 230 says that if you attempt to moderate the user-generated content on your platform in good faith, which involves setting a TOS and trying your best to weed out content that violates the TOS, even if your moderation isnât great, that doesnât mean youâre endorsing something that you fail to remove.
Saying, âSince you liked this video about ISIS, we think youâd be interested in this video about how to build a bomb,â isnât as active and intentional as choosing and publishing that video, but itâs also not as neutral as just failing to remove the video from your platform. Even if a human never made the decision to promote the material, the siteâs AI did. Thatâs a big deal.
If this ruling was made, sites that currently rely on recommendation algorithms (YouTube, Facebook, TikTok, Twitter, etc.) would have a choice: to massively rework their algorithmâs parameters for what gets promoted to do a better job of weeding out content that violates the TOSâŚ. or to stop using an algorithm. LegalEagle makes it sound like this would be IMPOSSIBLE, like this would kill all of those websites forever!! They just canât work without an algorithm.
If youâre on Tumblr, you know that it IS possible to have a large user-generated site without a recommendation algorithm. You probably agree that itâs better. You choose what content to follow based on word-of-mouth recommendations and text searches. Nothing gets shoved in your face as an âWE THINK YOUâD BE INTERESTED INâŚâ
This ruling would be a huge blow to websites that use these algorithms to create a passive content-consumption audience. It would probably make the rest of the internet better, though. It would definitely strengthen platforms that prioritize user communities and active participation.
Some very wealth companies stand to lose a LOT of money if this ruling goes against them, and there is going to be a TON of astroturfing, propaganda, and misinformation campaigns out there telling you this will be the end of the internet forever. PLEASE be skeptical.