Bipartisan bill aims to restrict liability protections for AI companies

A bipartisan bill was introduced on Wednesday to address the legal responsibilities of artificial intelligence (AI) companies regarding third-party content. The bill, proposed by Sens. Richard Blumenthal (D-Conn.) and Josh Hawley (R-Mo.), seeks to amend Section 230 of the Communications Decency Act. This amendment would eliminate the immunity currently given to tech companies in cases involving the use of generative AI. Furthermore, the No Section 230 Immunity for AI Act would enable individuals harmed by generative AI models to sue AI companies in federal or state court.

The introduction of this bill comes at a time when senators are considering proposals to regulate the rapidly expanding AI industry.

The Senate Judiciary Committee’s privacy, technology, and law subcommittee, led by Blumenthal and Hawley, recently conducted hearings on the risks and potential of AI. The committee has also held hearings on intellectual property and human rights concerns related to AI.

During these hearings, lawmakers from both parties expressed concerns about the application of Section 230 to AI technology.

This proposal is being introduced as the tech industry debates whether Section 230 applies to generative AI content, while experts and advocacy groups suggest it may not.

Without clear guidance from Congress, the interpretation of Section 230 in relation to AI will likely be left to the courts in individual cases.

Blumenthal stated, “AI platform accountability is a key principle of a framework for regulation that targets risk and protects the public.” He views the bill as the first step in establishing rules and safeguards for AI.

Blumenthal and Hawley are critics of Section 230, which provides legal protection to tech companies. However, efforts to amend Section 230 have stalled in Congress amid a broader debate on content moderation.

In his statement, Hawley emphasized the need to avoid repeating the mistakes made with Big Tech and Section 230 when it comes to generative AI. He believes that companies should be held accountable for any harm caused by these new technologies and advocates for victims to have their day in court.