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Bipartisan Bill Targets Social Media Algorithms, Opening Door to Lawsuits Over Physical Harm

The proposal would narrow Section 230 by creating a duty of care for recommendation systems that foreseeably cause bodily injury or death.

Overview

  • Sens. John Curtis and Mark Kelly introduced the Algorithm Accountability Act to hold platforms legally responsible for harmful recommendation algorithms.
  • The bill imposes a duty of care requiring platforms to exercise reasonable caution in designing and operating recommender systems to prevent bodily injury or death.
  • Liability would turn on whether a reasonable person would find the harm foreseeable and attributable to the algorithm’s design or performance.
  • The measure applies to for-profit social media services with more than one million users and excludes chronological feeds and user-initiated searches.
  • Victims could sue for damages, with pre-dispute arbitration and joint-action waivers rendered unenforceable, as sponsors downplay free-speech risks and civil-liberties groups warn of chilling effects and over-removal.