Jonathan Blavin and Andrew Nguyen Author Article on Section 230 and Generative AI 

Munger, Tolles & Olson Partner Jonathan Blavin and Associate Andrew Nguyen authored an article published in The Recorder titled, “Section 230 in an AI World.” The article examines how recent court decisions involving generative AI are testing the boundaries of Section 230 of the Communications Decency Act. 

The article explains that Section 230 has long shielded online platforms from liability for third-party content, but recent cases suggest courts are becoming more reluctant, at least at the motion to dismiss stage, to apply that protection where plaintiffs allege that AI tools materially contributed to unlawful content. The article discusses how decisions such as Forrest v. Meta Platforms and Bouck v. Meta Platforms reflect this emerging trend. As more online platforms integrate generative AI tools, courts’ evolving interpretation of Section 230 could have significant implications for companies developing and deploying AI-powered content creation technologies. 

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