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#338: Gonzalez v. Google

Tech Policy Podcast

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What's the Main Thing in the US Brief?

The petitioners do a pretty poor job of actually explaining what lines they want the court to draw. They don't effectively differentiate search engines. The main thrust of the United States brief is that if you disseminate content in some way akin to, I don't know, what a newspaper does, you're fine under section 230. But at some point along the line, if you get too good at the recommendations, if your recommendations get too targeted, you lose your section 230 protection. It's the super targeted NIS argument. Somewhere you are no longer a publisher because the magic of algorithms strips you of your section 230protection. That is hammering Jello to the wall.

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