Section 230 is not about preventing "harm" or anything like that, the specific section just provides civil immunity for moderation/removal of content that is deemed "obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable, whether or not such material is constitutionally protected."
You don't have a responsibility to remove such material under 230. But it gives you immunity to do so, as well as immunity from losing 230 protections for those that safeguard your overall immunity (as a service provider, and not a publisher.)
Re:Uncensored (Language) Models
by mschuster91 on Monday May 15, 2023 @09:22AM
(#35947727)
The purpose of the law is clear though: it recognizes the need of platforms to moderate problematic content and thus provides immunity when platforms moderate such content - effectively, it's an incentive for platforms to provide moderation.
Even the US has legal mandates to take down certain contents in any case - CSAM, IP violations (DMCA) and terrorist content come to my mind.
The legal definition at play (at least when it comes to liability of companies under stuff like Section 230, GDPR, NetzDG or the planned DMA/DSA) is that a company makes reasonable best efforts/good faith to prevent harm. Everyone including lawmakers is aware that no system is perfect, but they do require that companies at least make an effort. Releasing a system capable of destabilizing nations (which deepfakes as a political weapon absolutely are) without any safeguards intentionally will get the hammer of the law brought upon them.
> Generated images light up like a Christmas tree with Error Level Analysis, so it's not hard at all to "detect" them.
For now, and for experts. Technology will evolve, post-production editing will be used to mask artifacts... and even if you have an expert that needs a day to verify inauthenticity, the damage will already be done. Rumors can spread in a matter of mere minutes.
Hell, just this week Turkey saw a potential deepfake porn, allegedly released by Russia, about Muharrem Ince damage his reputation enough to force him to resign from the election [1] - which turned out to be extremely close in the end. AI is a weapon of war, and it's in the hands of everyone.
[1] https://www.telegraph.co.uk/news/2023/05/14/turkey-deepfake-...