Hawley and Blumenthal propose bill to remove AI from Section 230 coverage.

Bipartisan Bill Aims to Hold Companies Accountable for AI-Generated Content

A bipartisan pair of lawmakers have put forward a bill to ensure that the internet’s most important liability protections do not apply to content created by generative artificial intelligence.

Senators Josh Hawley (R-MO) and Richard Blumenthal (D-CT) have introduced legislation that would modify Section 230 of the Communications Decency Act. The proposed changes would mean that content created by ChatGPT or similar software would not be protected by the law. Currently, the application of Section 230 to generative AI is a gray area.

Why This Matters

Section 230 is considered one of the most important legal provisions governing the internet. It protects platforms from being held responsible for content posted by third parties. However, when it comes to generative AI, the law is unclear. The proposed bill aims to ensure that companies are held accountable for any harm caused by AI-generated content.

“We can’t make the same mistakes with generative AI as we did with Big Tech on Section 230,” Hawley told Axios. “When these new technologies harm innocent people, the companies must be held accountable. Victims deserve their day in court, and this bipartisan proposal will make that a reality.”

What’s Next

The bill is among the first of what is expected to be a wave of AI-related legislation. Senate Majority Leader Chuck Schumer (D-NY) is developing a comprehensive bipartisan framework for AI in partnership with other offices as well as experts in the industry. Several senators attended the first of three briefings organized by Schumer on Tuesday, which featured an MIT professor explaining how the technology works.

Some companies, such as OpenAI, currently lead the field. Yet, the technology is equally driven by communities of independent developers online who often engage in open-source experimentation, making regulation a more difficult prospect.

Key Takeaways

• The proposed bill would modify Section 230 of the Communications Decency Act to ensure that companies are held accountable for any harm caused by AI-generated content.
• The bill is among the first of what is expected to be a wave of AI-related legislation.
• Regulating AI is a difficult prospect due to the technology being driven by communities of independent developers online who often engage in open-source experimentation.

Justice Neil Gorsuch has already stated that Section 230 does not apply to AI-generated content. This bill aims to clarify the law and ensure that companies are held accountable for any harm caused by AI-generated content.

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