Tech Policy Podcast 418: Algorithms, AI, and Product Liability
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Sep 15, 2025 Ari Cohn, Lead Counsel for Tech Policy at FIRE, and Tom Kurland, Partner at Patterson Belknap, dive into the hot topic of product liability lawsuits against social media and AI companies. They explore the intricacies of tort law and how mass production complicates legal accountability. Discussion points include the misconception of social media addiction and the responsibilities of AI developers in this evolving landscape. Their insights challenge the legal frameworks around digital speech and the implications of algorithmic recommendations.
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Respect Section 230's Publisher Shield
- Do not conflate publisher choices with neutrality requirements; Section 230 protects editorial decisions.
- Judges should avoid smuggling a neutrality test into Section 230 doctrine.
TikTok Subway Case Shows Doctrinal Stretch
- Corbin recounts a TikTok subway-roofing case where the judge allowed claims against the platform but dismissed MTA claims.
- The judge's split treatment exemplifies courts' result-driven contortions around Section 230.
Anderson Collapses 230 And Free Speech
- Treating platforms as first-party speakers for First Amendment purposes undermines Section 230's allocation of liability.
- Ari calls the Anderson approach legally incoherent because it collapses 230 and First Amendment analysis.