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The Supreme Court is hearing two cases that could change the internet as we know it

Tuesday, Feb 21, 2023

Image: Getty

The eyes of tech execs and avid internet users alike are focused this week on Capitol Hill, where today and tomorrow the Supreme Court will hear arguments in a pair of cases that could fundamentally alter Section 230, one of the most important laws governing how the internet works in America.

🌐 A quick reminder: Section 230 of the 1996 Communications Decency Act gives internet platforms legal immunity for nearly all third-party content hosted on their sites. Many experts have argued that this 26-word clause laid the groundwork for current online giants – Google, Facebook, Twitter, TikTok, Reddit, Bing/OpenAI, etc. – to thrive.

⚖️ So, what are the SCOTUS cases about?... Both lawsuits – one against Google, one against Twitter – were brought by the families of victims who died in terrorist attacks carried out by ISIS in the mid-2010s. The families are seeking permission to sue the tech giants for monetary damages for allegedly failing to remove some ISIS videos and recommending them to other users.

  • In both cases, the plaintiffs are arguing that Section 230 may prevent tech firms from being sued over the content of users’ posts, but it shouldn’t protect companies from lawsuits over content that their algorithms choose to promote or suggest.

✋ Yes, but: Google and Twitter are claiming that the plaintiffs’ arguments about Section 230 would go against 25+ years of legal precedent. And up to this point, lower courts have almost unanimously agreed with them.

👀 Looking ahead… The Supreme Court is expected to announce verdicts in the two cases by late June or early July – so we'll know soon whether tech companies will be forced to alter their recommendation algorithms or content moderation practices. But regardless of which way SCOTUS ends up ruling, it’ll likely take years for the implications of its decision to become fully apparent, several tech execs told Axios.

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