A bipartisan pair of senators just fired the latest shot at tech's most important legal shield. On Wednesday, Sens. John Curtis (R-UT) and Mark Kelly (D-AZ) introduced the Algorithm Accountability Act, targeting Section 230 protections specifically around recommendation algorithms. The bill would force platforms like Meta and Google to face lawsuits when their algorithms allegedly cause physical harm - a seismic shift that could reshape how social media companies operate.
The tech industry's legal fortress just got a new crack. Senators Curtis and Kelly aren't going after all of Section 230 - they're laser-focused on the part that protects recommendation algorithms, the invisible engines that decide what billions of users see every day.
The timing isn't coincidental. Curtis has been vocal about connecting Section 230 to real-world violence, specifically citing the September killing of conservative activist Charlie Kirk in Utah. In a Wall Street Journal op-ed, Curtis argued that "online platforms likely played a major role in radicalizing Kirk's alleged killer" through algorithmic amplification designed to keep users "engaged and enraged."
Here's how the bill would work: platforms with over a million users would need to "exercise reasonable care" in designing and maintaining their recommendation systems to prevent bodily injury or death. If victims can prove a platform should have reasonably predicted their algorithm would surface harmful content leading to physical harm, Section 230's shield disappears.
The legislation applies a "duty of care" standard similar to the Kids Online Safety Act, which passed the Senate but stalled in the House amid fierce tech lobbying. But where KOSA focuses broadly on minors' safety, the Algorithm Accountability Act zeroes in on physical harm across all age groups for commercial social platforms.
Meta and Google are squarely in the crosshairs. Both companies have faced lawsuits alleging their recommendation systems radicalized users who later committed violence. Earlier this year, a gun safety group sued YouTube, Meta, and other platforms over the Buffalo mass shooting, claiming algorithms surfaced hate speech that radicalized the gunman. Courts dismissed the case citing Section 230 and First Amendment protections.
The new bill tries to thread a constitutional needle. It explicitly states it won't restrict chronological feeds, search results users directly request, or content moderation based on viewpoints. Curtis and Kelly insist they're not targeting speech itself but the amplification mechanisms that promote certain content.
