Section 230

Adam Thierer, senior fellow at the nonprofit free-market think tank R Street, worries that innovation could be throttled if Congress doesn't extend Section 230 to cover AI tools. "As AI is integrated into more consumer-facing products, the ambiguity about liability will haunt developers and investors," he predicted. "It is particularly problematic for small AI firms and open-source AI developers, who could be decimated as frivolous legal claims accumulate." 

But John Bergmayer, legal director for the digital rights nonprofit Public Knowledge, said there are real concerns that AI answers could spell doom for many of the publishers and creators that rely on search traffic to survive — and which AI, in turn, relies on for credible information. From that standpoint, he said, a liability regime that incentivizes search engines to continue sending users to third-party websites might be "a really good outcome."

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