“instituting a “duty of care” for AI developers to “prevent and mitigate foreseeable harm to users” (per Blackburn’s summary of the bill). This duty would be enforced by the Federal Trade Commission (FTC).
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“It’s basically just an invitation for lawyers to sue any time anything bad happens and someone involved in the bad thing that happened somehow used an AI tool at some point.
And then you have to go through a big expensive legal process to explain “no, this thing was not because of AI” or whatever. It’s just a massive invitation to sue everyone, meaning that in the end you have just a few giant companies providing AI because they’ll be the only ones who can afford the lawsuits.”
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Section 11 of Blackburn’s bill is promoted as combating “the consistent pattern of bias against conservative figures demonstrated by Big Tech and AI systems.” But, in practice, it could require AI systems to have a pro-conservative slant—at least as long as President Donald Trump or other Republicans are in power.
The bill would set up “audits of high-risk AI systems to undergo regular bias evaluations to prevent discrimination based on protected characteristics, including political affiliation.”
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“Right now, 230 lets platforms get frivolous lawsuits dismissed quickly at the motion to dismiss stage. This change would force every platform to go through lengthy, expensive litigation to prove they weren’t “facilitating” (an incredibly vague term) or “soliciting” third-party content that violates federal criminal law.
That’s gutting the main reason Section 230 exists. Instead of quick dismissals, you get discovery, depositions, and trials, all while someone argues that because your algorithm showed someone a post, you were “facilitating” whatever criminal content they claim to find.””