WASHINGTON : When the U.S. Supreme Court decides in the coming months whether to weaken a powerful shield protecting internet companies, the ruling also could have implications for rapidly developing technologies like artificial intelligence chatbot ChatGPT.
That is because algorithms that power generative AI tools like ChatGPT and its successor GPT-4 operate in a somewhat similar way as those that suggest videos to YouTube users, the experts added. Section 230 protections generally apply to third-party content from users of a technology platform and not to information a company helped to develop. Courts have not yet weighed in on whether a response from an AI chatbot would be covered.Democratic Senator Ron Wyden, who helped draft that law while in the House of Representatives, said the liability shield should not apply to generative AI tools because such tools"create content.
"AI is not really creating anything. It's taking existing content and putting it in a different fashion or different format," said Carl Szabo, vice president and general counsel of NetChoice, a tech industry trade group. In cases in which the AI model appears to paraphrase existing sources, the shield may still apply. But chatbots like ChatGPT have been known to create fictional responses that appear to have no connection to information found elsewhere online, a situation experts said would likely not be protected.
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