Judge Clarence Thomas Questions Lawyer About AI Decision-Making During Gonzalez V. Google SCOTUS Hearing

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Justice Clarence Thomas questions the Solicitor General in oral arguments of Gonzalez v. Google Oral Argument, a case in which the Supreme Court considers how responsible major social media platforms—Twitter, Facebook, YouTube, especially—are for their most dangerous posts.

In a Gonzalez v. Google, a recent Supreme Court hearing where Justice Clarence Thomas questioned a lawyer about the liability of online platforms for the content they host and the decisions they make using artificial intelligence.

The lawyer argued that the focus should be on the content of the books or videos, rather than the platform's organizational decisions, for the purpose of the immunity protection under Section 230 of the Communications Decency Act.

However, Justice Thomas raised the hypothetical scenario of an artificial intelligence (AI) making content organizational decisions, which the lawyer acknowledged could still be subjected to legal liability depending on the platform's own choices and administration.

Ultimately, the lawyer emphasized that the lawsuit in question was not about allowing the suit to go forward, but rather about preserving the distinction between immunity protection for the underlying content and protection for the platform's own choices.

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