Section 230 is the law that makes companies and users responsible for their own online speech, and not the speech of others. Section 230 is important to preserve the online spaces that we all use for freedom of expression. It does not protect companies that create harmful content. Generative AI has created a grey area around when companies can receive Section 230 protection. On one end of the spectrum, there is harmful content generated by the user, for which the company would have Section 230 protection; and on the other end, there is content that the company materially contributed to in a harmful way, for which the company would not be protected.

While it may be tempting for Congress to step in to clarify where Section 230 applies in the context of generative AI, it would be exceedingly hard to write a law that would protect users’ rights before courts have a chance to clarify these issues. Courts’ case-by- case decisions will provide clearer guidance on how Section 230’s current framework applies to unique factual scenarios.