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1 1 (December 28, 2023)

handle is hein.crs/govenvp0001 and id is 1 raw text is: S Congressional ______ 'Research Service Section 230 Immunity and Generative Artificial Intelligence December 28, 2023 Over the past year, technology companies have expanded access to services capable of creating content using artificial intelligence (AI). In February 2023, Microsoft announced an all new, AI-powered Bing search engine that can help you write an email, create a 5-day itinerary for a dream vacation to Hawaii, with links to book your travel and accommodations, prep for a job interview or create a quiz for trivia night. Google introduced Bard, an experimental conversational Al service, the same month. Applications such as these that are capable of generating new content like text, images, and videos form a subset of Al applications often referred to as generative Al. As access to Al tools has expanded and the underlying models have become more powerful, Congress has shown interest in regulating Al models. Committees have held hearings, and Members have introduced bills to regulate Al (or announced a framework for doing so). Some Members have called for a task force or commission to recommend rules. The executive branch has also weighed in. The White House issued an Executive Order, in October 2023, tasking agencies with actions to address the advent of Al models. Generative Al poses unique policy and legal issues. One question raised by the introduction of generative Al products is the extent to which companies that provide the products could be held liable for illegal content generated by the Al. The answer likely depends in part on an existing legal framework: Section 230 of the Communications Act of 1934, a federal statute that, subject to some exceptions, immunizes interactive computer service providers from being sued as the publisher or speaker of information provided by another party. If this immunity extends to claims based on an output from a generative Al product, plaintiffs defamed by an Al output (for example) may be barred from suing a company that provided the Al product. The potential application of Section 230 to generative Al has already garnered comments at a Supreme Court oral argument and from Section 230's primary authors. This Sidebar discusses how Section 230 might apply to legal claims involving generative Al products. Section 230 Section 230 creates a federal immunity for publishing another person's content online, as explained in a longer CRS Report. Specifically, Section 230, enacted in the Communications Decency Act of 1996, prevents providers and users of interactive computer services from being held liable-that is, legally responsible-as the publisher or speaker of information provided by another person. Interactive Congressional Research Service https://crsreports.congress.gov LSB11097 CRS Legal Sidebar Prepared for Members and Committees of Congress

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