Home The Big Story The Big Story: The Supreme Court Takes On YouTube Algorithms

The Big Story: The Supreme Court Takes On YouTube Algorithms

SHARE:
The Big Story podcast

What happens when you take nine Supreme Court justices – who are “not the nine greatest experts on the internet” – and force them to untangle the nuances of YouTube’s algorithms?

On Tuesday, the Supreme Court heard the case of Gonzalez v. Google, which seeks to hold YouTube responsible for showing ISIS-related content that radicalized individuals.

Whether YouTube’s algorithms were  “neutral” – or if neutrality even matters– was one point of debate. Perhaps, as Justice Clarence Thomas said, YouTube is simply recommending pilaf videos to people who like cooking pilaf and ISIS videos to people who like ISIS.

“If, however, YouTube’s thumbnail previews of ISIS videos and pilaf videos make it a publisher, it wouldn’t be protected under Section 230.”

For two hours on Tuesday, the justices barraged the lawyers in Gonzalez vs. Google, talking through nuances of YouTube thumbnails and getting into legal discussions about the true definition of the term “featured.” The term “featured” implies curation, which pushes YouTube more into publisher land.

Our assessment (and that of legal experts) is that the Supreme Court will let Section 230 stand for YouTube. But the theme of tech platforms enabling terrorism could spark another type of judgment.

On Wednesday, the court heard another terrorism-related case – Twitter, Inc. v. Taamneh – which questions whether Twitter aided and abetted terrorism in violation of the Antiterrorism and Effective Death Penalty Act of 1996.

Kochava takes on the FTC

To continue the legal theme, we turn to another courtroom drama unfolding in Idaho near the headquarters of Kochava.

On Tuesday, Kochava argued to dismiss the Federal Trade Commission’s case against it for selling sensitive location data.

While there hasn’t been a decision yet, the judge indicated he was unlikely to dismiss Kochava’s complaint, but the FTC may have to amend its complaint to be more specific.

And there’s yet another twist in this case: The FTC is losing its Republican commissioner, who is leaving because she disagrees with FTC chair Lina Khan’s leadership. By airing her public grievances, she may give ammunition to companies the FTC is targeting for unfair or deceptive practices.

Must Read

AdExchanger's Big Story podcast with journalistic insights on advertising, marketing and ad tech

Google Had Its Day In Court. Now, It’s Amazon’s Turn

Google won’t have to break up its ads business after being declared an online monopolist. Meanwhile, Amazon faces a lawsuit from the FTC alleging that it charged advertisers more than necessary for ecommerce ads.

The FTC’s Amazon Lawsuit Is Ad Tech’s History Of Opacity Repeating Itself

Buy-side experts said it’s another example of a Big Tech platform taking advantage of the lack of transparency built into programmatic ad auctions. And they’re not optimistic change is coming.

How The Fin Tech Clearco Finances Ecommerce Startups (Without Losing Its Shirt)

This week, the Commerce Media Newsletter catches up with a startup from outside the world of data-driven advertising, but with an interesting position when it comes to ecommerce advertising. That’s Clearco, a Canadian fin tech company founded in 2015.

Privacy! Commerce! Connected TV! Read all about it. Subscribe to AdExchanger Newsletters
LOS ANGELES, CALIFORNIA - APRIL 26: Halo Collar CMO Seth Solomons attends a Celebration to Shine a Light On Dog Safety With Halo Collar on April 26, 2022 in Los Angeles, California. (Photo by Stefanie Keenan/Getty Images for Halo Collar)

How Halo Collar Uses Data And Incrementality To Raise Both Awareness And Sales

Halo Collar, a dog collar brand with direct-to-consumer origins, is preparing for its retail expansion by honing its first-party data strategy and incrementality measurement.

tech family cartoon technology family

CartographAI Launched To Help Advertisers Pick The Right Tech Vendors. Now, It’s Helping Vendors Market Themselves, Too

The company is launching an accelerator program to help tech vendors pitch their solutions in a way that makes sense to advertisers.

Comic: Weather Bar

Neuroscience And AI Are Transforming The Weather Company’s Measurement Stack

TWC is building a monetization model that treats weather as both a contextual and an emotional signal, and it’s using AI sales agents to bring it to market.