Post-Section 230 AI Governance: What the Future Holds (USA)

Source: Harvard Law Review

Harvard Law Review publishes an article proposing a new legal framework for governing AI systems, particularly generative models used to produce online content. The piece argues that existing protections under Section 230 of the U.S. Communications Decency Act are inadequate for AI, which often creates rather than merely hosts content.

The authors propose shifting liability standards, enhancing transparency, and introducing obligations for safety and auditing of AI systems. The piece emphasizes that accountability must be rooted in design choices, data governance, and foreseeable misuse of AI outputs.

The article represents a significant academic push for bespoke AI laws distinct from existing platform regulations.