Gonzalez v. Google LLC: i2Coalition files amici brief with US Supreme Court

On January 18, 2023, the i2Coalition filed an amici brief with the US Supreme Court in Gonzalez v. Google LLC, pointing out Section 230’s foundational role in allowing the Internet’s infrastructure to function efficiently and effectively without the threat of crippling litigation. Section 230 of the Communications Act of 1934 is one of the pillars of intermediary liability law, which protects a large variety of both providers and users of “interactive computer services” from being held liable for “information provided by another information content provider” –i.e., third party content–as defined in the statute. The question presented for the Court to consider in Gonzalez asks whether Section 230 shields “interactive computer service” providers when they make so-called “targeted recommendations” of third-party content.  The i2Coalition’s brief demonstrated that Section 230’s express words provide no basis for excluding the automated operation of algorithms–instructions to computer systems–from Section 230 liability protection. We explained that a myriad of companies throughout the Internet ecosystem, including those providing its technological infrastructure, depend upon algorithms to classify, organize, process, and transmit all sorts of data, and that these functions do not alter Section 230(c)(1)’s protection of those companies. Finally, we pointed out that any reconsideration of the policy direction of this law is the proper role only of Congress, not the Court.