Brooks Pierce partner Eric David was recently quoted in an article by American Lawyer Media (ALM)’s Legaltech News. David commented on whether tools like ChatGPT will benefit from Section 230 similar to other online providers. At the heart of the matter is whether AI-powered chatbots such as ChatGPT are considered third-party content which would be subject to protection under Section 230.
But to answer this question, one would need to look under these chatbots’ hoods, noted David. In fact, while in some cases AI-powered chatbots simply paraphrase or summarize information already available on the internet, which would qualify as third-party content, in other instances it generates new information—including when bots “hallucinate.”
“I think it’s going to be very hard for the creator of that website, ChatGPT or whatever it is, to apply Section 230, to get the benefit of Section 230, because they are creating the content,” David explained.
David focuses his practice on business litigation, constitutional litigation, and media and communications law. He represents businesses, public agencies, and individuals in high-stakes litigation in federal and state court, and especially the North Carolina Business Court.
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