Courts vs. Congress

Normally, when companies perceive a gap in existing laws, they lobby Congress for a fix. But lately, Congress has been keen to strip away some of the protections Section 230 already offers, by specifying that companies can only have Section 230 protection if they play by certain rules. Congress’s current mood is the opposite of what companies that make and use AI want.

“In the discussion about, ‘What do you want to do about Section 230’—the answer that many lawmakers will give you is ‘We should gut it,’ ” says Adam Thierer, a senior fellow at the R Street Institute, a conservative think tank. As a result, companies are eager to simply hold on to the existing law and not agitate for any changes, he adds.