Wild Westworld: Section 230 of the CDA and Social Networks’ Use of Machine-Learning Algorithms
Year: 2017
Type: other
Abstract: This Note argues that Facebook’s services—specifically the personalization of content through machine-learning algorithms—constitute the “development” of content and as such do not qualify for § 230 immunity. This Note analyzes the evolution of § 230 jurisprudence to help inform the development of a revised framework. This framework is guided by congressional and public policy goals and creates brighter lines for technological immunity. It tailors immunity to account for user data mined by ISPs and the pervasive effect that the use of that data has on users—two issues that courts have yet to confront. This Note concludes that under the revised framework, machine-learning algorithms’ content organization— made effective through the collection of individualized data—make ISPs codevelopers of content and thus bar them from immunity.
Author: Catherine Tremble
Language: English
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: green
OpenAlex ID: W2768066617