Legislation proposed in Senate would make AI firms responsible for damaging material

Lawmakers believe they have found a solution to make companies responsible for problematic generative AI by revoking their legal immunity. Senators Richard Blumenthal and Josh Hawley have proposed the No Section 230 Immunity for AI Act, which would prohibit firms like OpenAI and Google from utilizing Section 230 of the Communications Decency Act to evade accountability for harmful content and legal action. This means that if an individual creates a deepfake image or audio clip to defame someone, the tool developer could be held liable in addition to the user.

Hawley characterized the bill as forcing AI creators to “take responsibility for business decisions” as they develop products. He also sees the legislation as a “first step” towards creating rules and safeguards for artificial intelligence. At a hearing this week on the impact of AI on human rights, Blumenthal called on Congress to deny artificial intelligence the broad Section 230 protections that have shielded social networks from legal consequences.

In May, Blumenthal and Hawley held a hearing where speakers including OpenAI director Sam Altman called for government action on artificial intelligence. Industry leaders have already called for a halt to AI experiments and recently compared the threat of uncontrolled AI to the threat of nuclear war.

Congress has been calling for Section 230 reforms for years in an effort to rein in tech companies, particularly out of concern that Internet giants may be knowingly allowing harmful content. The 2021 House Bill would have held companies liable if they knowingly used algorithms that cause emotional or physical harm. However, these bills have stopped, and Section 230 has remained unchanged. Legislators have been more successful in imposing age verification requirements, which theoretically reduce mental health problems among younger users.

It is not clear whether this bill has a better chance of success. Blumenthal and Hawley are known for online content bills that fail to gain traction, such as the child safety EARN IT Act and Hawley’s anti-addiction SMART Act. In addition to persuading senators, they need a corresponding House bill that can also withstand a vote.