WASHINGTON >> In its first case about the federal law that is credited with helping create the modern internet, the Supreme Court seemed unlikely Tuesday to side with a family wanting to hold Google liable for the death of their daughter in a terrorist attack.
In two and a half hours of arguments, the justices seemed concerned about upending the internet in their interpretation of a 1996 law, Section 230 of the Communications Decency Act, that shields Google, Twitter, Facebook and other companies from lawsuits over content posted on their sites by others.
“We really don’t know about these things. These are not like the nine greatest experts on the internet,” Justice Elena Kagan said of herself and her colleagues, several of whom smiled at the description.
Congress, not the court, should make needed changes to a law passed early in the internet age, Kagan said.
Justice Brett Kavanaugh, one of six conservatives, agreed with his liberal colleague in a case that seemed to cut across ideological lines.
“Isn’t it better,” Kavanaugh asked, to keep things the way they are and “put the burden on Congress to change that?”
The case before the court stems from the death of American college student Nohemi Gonzalez in a terrorist attack in Paris in 2015. Members of her family were in the courtroom to listen to arguments about whether they can sue Google-owned YouTube for helping the Islamic State spread its message and attract new recruits, in violation of the Anti-Terrorism Act.
Lower courts have broadly interpreted Section 230 to protect the industry, which the companies and their allies say has fueled the meteoric growth of the internet and encouraged the removal of harmful content.
But critics argue that the companies have not done nearly enough and that the law should not block lawsuits over the recommendations, generated by computer algorithms, that point viewers to more material that interests them and keeps them online longer.