CEP Senior Advisor Dr. Hany Farid and Brandie Nonnecke write: "These cases set a promising precedent for how to make platforms safer. When attempts to rein in online abuses focus on third-party content and Section 230, they become mired in thorny free-speech issues that make it hard to effect meaningful change. But if litigators, judges, and regulators side-step these content issues and instead focus on product liability, they will be getting at the root of the problem. Holding platforms accountable for negligent design choices that encourage and monetize the creation and proliferation of harmful content is the key to addressing many of the dangers that persist online."

"During his testimony, University of California computer science professor Hany Farid said the core issue in terms of holding platforms accountable wasn’t about the over- or under-moderation of speech but rather around “faulty” algorithms and design decisions that addict users, “in order to increase user engagement.” They said lawmakers should ensure those algorithms are “safe” just as they ensure batteries in phones don’t randomly explode. Well, most of the time anyway."

"The argument for YouTube’s liability for the rise of ISIS and the subsequent death of Nohemi is based on the platform’s recommendations systems, which algorithmically suggest content similar to that liked or regularly watched by users. In its brief, the Counter Extremism Project detailed that these algorithms are built with the idea that “edgy” content is more attention-grabbing. This leads to inundation and the radicalization of users. Petitioners contend that this process was monetized by Google through ad programs, which didn’t take the necessary action to remove the wave of jihadist content it was suggesting."