> We can decide that for example they could not have predicted this outcome and so are not liable, or that they should have and were neglectful, or something else.
We fundamentally disagree on whether or not what Facebook "should" have expected or "should" have done is worth considering. I don't think it's legally relevant. Profits can demonstrate incentive that otherwise wouldn't exist.
The existing legal precedent for how algorithms are considered under tort liability [1] are still unclear. It's clear to me that allowing this lawsuit to move forward would be directly contradicting the ruling of Force v. Facebook (2019) and would force a ruling on how AI algorithms should be held liable with respect to section 230.
From the perspective of the user, making a platform liable would mean that the platform would fundamentally shift what users are allowed to post and strongly weakens basic rights to freedom of expression. It's hard to depict how different and more censored the internet would be if section 230 continues to become weakened.
"Critically, the finding that AI algorithms can be found to be harmful allows for the tort liability process to come into effect. While this kind of legal approach has not yet been taken, Patel indicates that corporate liability is a possibility. If an AI algorithm causes harm, it must be prosecuted through tort liability."
"However, in the same timeframe as Patel’s ruling in 2019, ... a group of U.S. citizens who were victims of a Hamas terrorist attack, sued Facebook, arguing that Facebook implicitly assisted Hamas by keeping their violence-promoting content online through their AI algorithm’s oversight. [12] However, in accordance with 42 U.S.C. 230(c)(1), the rule that protects social media platforms from liability for content on their platforms, the court found that Facebook could not be found to have criminal or civil liability for content. [13] This case complicates the implications of Patel, as it found that Facebook was shielded from liability because the content itself was not created by the platform. "
[1] https://www.culawreview.org/journal/extending-corporate-tort...