Mother Jones: The Supreme Court’s Big Algorithm Fail

This is where ignorance about algorithms came into play. “I was ripping my hair out, especially at the beginning of the oral arguments,” says Grant Fergusson, an attorney at the Electronic Privacy Information Center, over the justices’ and the lawyer for the Gonzalez family’s repeated descriptions of YouTube’s algorithm as “neutral.”

The term “doesn’t obviously reflect the way that algorithms actually function in the world,” explains Fergusson, who helped write EPIC’s amicus brief in the case, asking the court to rein in Section 230 immunity.

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