Bloomberg Law
Oct. 21, 2021, 6:36 PM

ANALYSIS: User Terms May Dull the Effect of a Section 230 Change

Peter Karalis
Peter Karalis
Legal Analyst

Social media user terms could soften the potential impact of the latest push to curb the tech liability shield known as Section 230 of the Communications Decency Act. A proposed bill would allow allegations of injuries caused by “malicious algorithms” to pierce Section 230. But common protections in user terms may bolster platforms’ legal defenses.

The proposed Justice Against Malicious Algorithms Act is one of several recent efforts to reform Section 230, which generally bars claims arising from third-party online content. If it passes, as unlikely as that appears to be, social media platforms would largely be prohibited ...

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