US Supreme Court Weighs Whether Tech Giants Are Liable for Their Content

By Katelyn Moon

US Supreme Court justices weigh the scope of a legal shield for social media firms in a case that could transform the internet as we know it.

In 2015, Islamic State gunmen killed California college student Nohemi Gonzalez while she was studying abroad in Paris, one of multiple coordinated attacks that left 130 people dead and nearly 500 people wounded.

Her family filed a lawsuit against Youtube’s owner Google, arguing that the company aided ISIS recruitment by recommending its videos to users through its algorithm.

Google argues it is not liable, citing Section 230 of the Communications Decency Act of 1996, which shields tech companies from responsibility over content posted on their platform by third parties. However, the Gonzalez family insists that Section 230 does not protect companies when their algorithms direct users to certain information on their platforms.

During the hearing, justices Clarence Thomas and Sonia Sotomayor raised questions about whether or not Youtube’s algorithm had an inherent "intent to aid and abet" the terrorist organization.

Justices Elena Kagan and Brett Kavanaugh also questioned whether the courts are the right branch to address the implications from this case, concerned that this has the potential of “creating a world of lawsuits.”

Meanwhile, the Biden administration agrees with the Gonzalez family but focuses only on how YouTube’s suggested videos “automatically load and play when a selected video ends.” Therefore, the administration concludes that in this case, Google and Youtube may not be immune from the content it recommended.

The Supreme Court is expected to reach a decision on the case by the end of June.

Sources:

"47 U.S.C. § 230." casetext.com. 27 Dec. 2022, www.casetext.com/statute/united-states-code/title-47-telecommunications/chapter-5-wire-or-radi o-communication/subchapter-ii-common-carriers/part-i-common-carrier-regulation/section-230- protection-for-private-blocking-and-screening-of-offensive-material.

“Gonzales v. Google LLC.” Scotusblog, 21 Feb. 2023, www.scotusblog.com/case-files/cases/gonzalez-v-google-llc/.

“Gonzalez v. Google LLC.” Supreme Court of the United States, 21 Feb. 2023, https://www.supremecourt.gov/oral_arguments/audio/2022/21-1333.

Howe, Amy. “Justices will consider whether tech giants can be sued for allegedly aiding ISIS terrorism.” Scotusblog, 19 Feb. 2023, https://www.scotusblog.com/2023/02/justices-will-consider-whether-tech-giants-can-be-sued-for -allegedly-aiding-isis-terrorism/.

Sherman, Mark. “Supreme Court weighs liability shield for internet giants.” AP News, AP, 19 Feb. 2023,

https://apnews.com/article/islamic-state-group-technology-oregon-government-california-paris-3 a2122b3456bb232baa5643b70fe676a.

“US Supreme Court wary of removing tech firms' legal shield in Google case.” BBC News, BBC, 22 Feb. 2023, www.bbc.com/news/world-us-canada-64727712.

Image Source:

https://theraise.eu/startup-news/the-journey-of-giants-the-startup-story-of-big-techs-fabulous-five/