Kathryn Binder
Volume 76, Issue 5, 1539-1572
With the growing prevalence of artificial intelligence (AI) in various aspects of our lives, it is not surprising that it has become a subject of legal disputes and controversy. In 2023, an individual filed the first defamation lawsuit against AI company, OpenAI, for its ChatGPT service, leaving many to speculate how the court will proceed. This Note assesses the viability of defamation actions against generative AI platforms and their broader effect on defamation law. Particularly, this Note considers how courts may characterize these platforms and how specific characterizations could further the controversy over an already polarizing and hotly debated piece of legislation—Section 230 of the Communications Decency Act (“CDA”). Suppose courts remain consistent with prior broad interpretations of Section 230 and grant generative AI platforms “internet provider” status. This would protect AI platforms from liability for outputs that spread false, misleading, or dangerous information to users. Consequently, harmed plaintiffs would be left without any recourse or recovery options against the companies and programs behind the AI algorithms. The potential for a continuation of such expansive judicial interpretations should prompt Congress to revisit the legislation that has granted internet providers sweeping protection for decades. This Note argues that Congress should use the contentions associated with AI and defamation to clarify the contours of the current Section 230 legal framework and adjust it to fit the range of technological advancements that have developed since its enactment. Specifically, Congress should not simply leave it up to individual courts to decipher the statute’s reach on their own. Instead, Congress should act now to eradicate or radically restructure this controversial and outdated legislation before it seeps into areas of technology beyond its purpose. Thus, generative artificial intelligence programs emphasize the antiquity and inflexibility of Section 230 in today’s technological society, giving AI the potential to ignite congressional removal or reform of one of the most influential internet laws today.