“OpenAI’s ChatGPT at Risk of Losing Section 230 Protections,” says University of North Carolina at Chapel Hill scholar Matt Perault. Under Section 230 of the US Communications Decency Act, ChatGPT and other large language models (LLMs) may not receive the same legal protection as social media behemoths Meta and Twitter. According to Perault, courts may consider LLMs to be information content providers, which means that companies that use generative AI tools will be barred from using Section 230 in cases involving AI-generated content.

Social media companies have used Section 230 to shield themselves from legal liability for user-generated content. If ChatGPT and other LLMs are not protected by Section 230, platforms that use these tools will be subject to a wide range of lawsuits under federal and state law. The compliance minefield may even force them to modify their products on a state-by-state basis, or to withdraw entirely from certain states. This could pose significant difficulties in the deployment of LLMs.

This disclosure highlights the potential risks that businesses face when deploying AI technologies. It emphasizes the importance of businesses taking proactive steps to address the risks associated with the use of these technologies. It will be interesting to see how this issue develops over the next few months and years.

Source: ZDNET (link)
Images: MidJourney, Prompts by Lewis Farrell

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