Big Tech's future is up to a Supreme Court that doesn't understand it

The firestorm over Big Tech and content moderation is coming to a head at the Supreme Court — but some experts fear it's a job the court simply isn’t equipped to do well.The court has historically not been great at grappling with new technology. As it dives into the political battle over social-media algorithms, there's a real fear that the justices could end up creating more controversies than they solve.

The implications of such a decision may not be fully apparent for years, even to the engineers who work on those products.it's doing one thing and it's actually doing something very different,” said Evelyn Douek, a law professor at Stanford who specializes in tech law. “It’s ill-matched to the problem.

"There is a valid concern that the Court may simply not understand nor appreciate the technical complexities that drive the modern web,"The Supreme Court is an inherently slow-moving institution that tries to solve problems mainly by searching for one broad principle that can last forever. And that's simply hard to square with complex, evolving technology.All the way back in 1979, the court ruled that police don’t need a warrant to obtain a list of every phone number you’ve called.

But it’s not that hard to see how nine lawyers in a room in 2023 might not foresee the future of content algorithms, just as nine lawyers in a room in 1979 didn’t know the scope of the precedent they ended up setting.

Again with a reference to “experts”. So many topics and so many experts, but they are always unnamed and seem to operate in a vacuum. The media throws that term around like throw away our money. Think they’ll ever have an EXPERTS convention?

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