© Kyle T. Webster member since 2020
The bill, introduced by Senators Josh Hawley (R-MO) and Richard Blumenthal (D-CT) on June 14, seeks to clarify that Section 230 safe harbor provisions would not apply to claims based on generative AI. Section 230 of the Communications Decency Act 1996 is the federal law that protects “online computer services” (such as social media, broadband Internet access providers, website hosting services, and online service providers) from liability for third-party content posted to them.
By removing the immunity conferred by Section 230, S.1993 would give individuals harmed by AI generated outputs (such as deepfakes) legal means to protect themselves. The bill would amend Section 230 by adding a clause that strips immunity from AI companies in civil claims and criminal prosecutions.
In our letter of support for the bill, we wrote, “Generative artificial intelligence is already significantly impacting human creators, making it essential to hold AI companies accountable for the content generated by their algorithms. In our pursuit to protect the value of original human expression, we are dedicated to safeguarding the interests of our members throughout the U.S. and the world by ensuring that AI companies, and their generative models, adhere to the fundamental “Three C’s:” Consent, Credit and Compensation. Through these efforts, we aim to foster a creative landscape where the rights and contributions of human authors are respected and upheld.”
The full text of the bill can be read here.