The Lawfare Podcast Lawfare Archive: Cox and Wyden on Section 230 and Generative AI
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Oct 5, 2025 Chris Cox, a former U.S. congressman and SEC chairman, joins Ron Wyden, a U.S. Senator, to delve into the controversial implications of Section 230 as it pertains to generative AI. They discuss how Section 230 was intended to protect third-party content, not the creators of AI outputs. Wyden emphasizes that AI creators should be held liable, while Cox analyses how various factual contexts could challenge Section 230's applicability. The pair also touch on the need for careful legislative approaches to navigate the evolving landscape of technology and AI regulation.
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Creation Vs. Hosting Distinction
- Senator Ron Wyden and Chris Cox agree Section 230 does not protect generative AI that creates content.
- They distinguish hosting/organizing user speech from companies that generate content and bear responsibility for it.
Facts Determine 230's Reach
- Chris Cox stresses that Section 230 protects hosts, not creators, so facts of each AI use matter for liability.
- When AI is the acknowledged creator of illegal content, Section 230 won’t shield the platform.
Rely On IP Law For Copyright
- Use existing intellectual property law to address AI copyright issues because Section 230 explicitly excludes copyright claims.
- Resolve copyright disputes in courts based on the facts of each case rather than relying on Section 230.