. In both cases, the families of victims of ISIS terrorist attacks sued the tech giants for their role in distributing and profiting from ISIS content. The plaintiffs argued that the algorithms that recommend content on Twitter,
Many observers anticipated the case would allow the court to pass judgment on Section 230, the portion of the Communications Decency Act passed in 1996 to protect online service providers like CompuServe, Prodigy and AOL from being sued as publishers when they host or moderate information posted by their users. The goal was to shield the fledgling consumer internet from being sued to death before it could spread its wings.
The court ruled, however, that those decisions are not enough to find the platforms had aided and abetted ISIS in violation of U.S. law. The rulings leave open the possibility that social media companies could be found liable for their recommendations in other cases, and perhaps under different laws. In a brief concurrence, Justice Ketanji Brown Jackson took care to point out that the rulings are narrow. “Other cases presenting different allegations and different records may lead to different conclusions,” she wrote.
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