Could Big Tech be liable for generative AI output? Hypothetically ‘yes,’ says Supreme Court justice

 In a surprise moment during today’s Supreme Court hearing about a Google case that could impact online free speech, Associate Justice Neil M. Gorsuch touched upon potential liability for generative AI output, according to Will Oremus at the Washington Post. 

In the Gonzalez v. Google case in front of the Court, the family of an American killed in a 2015 ISIS terrorist attack in Paris argued that Google and its subsidiary YouTube did not do enough to remove or stop promoting ISIS terrorist videos seeking to recruit members. According to attorneys representing the family, this violated the Anti-Terrorism Act.

In lower court rulings, Google won with the argument that Section 230 of the Communications Decency Act shields it from liability for what its users post on its platform. (...)