“Do you use personal / behavioral data / usage to shape the user experience and recommendations, creating a reinforcing loop?”
Roughly that.
Okay but suppose you have an AI chatbot which takes in context from previous chats on what your interests are. So people just keep talking with the chatbot more and more as it gains more context. This would meet the criteria. It's not necessarily addictive though because you can stop talking with the chatbot at any time.
Maybe it's something to do with the text-based interface vs short form video. Short form video is better at activating the lizard brain
I think a better take is:
> Do you use personal / behavioral data / usage to shape the user experience and recommendations? You do not get covered by Section 230.
If they get to exercise editorial powers, then it doesn't make sense for them to be protected from liability for choosing what to publish. If they just give you a giant firehose, then they're not doing anything editorially and they should not have any liability as clearly that's not _their_ speech.
So why leave out food industry which has provably caused health harm and killed people.
Leaving out the modern food industry but going after social media shows that this is just politics as the food industry wets the beak and greases the plan generously on both sides of the aisle.
Mix this with "...of User-Generated Multimedia Content", and you might get closer. This excludes music platforms, for example (although, Band Camp and Soundcloud might have some issues with that, admittedly).
But isn't that just product design and Improvement?
I think you have to figure out when this is in service of the user's intentions or not, and that's where it gets tricky.
Apparently you can't trust users revealed preferences and have to use something else.
What product does not listen to how users use the product to design the first or later version of a product?
This would include everything from my Spotify recommending new music that I like to my Netflix showing me similar shows. I'm a responsible adult. I want those things. I make use of them. They make my life better when I'm trying to listen to some music while I work on something or when I have exactly 2 hours of TV watching time in a week and don't want to waste it finding a new show. I do not want regulations coming along and making all of my products worse due to heavy-handed regulation.
Practically, it won't happen. These thought experiments are exercises where people imagine the websites they don't want other people using getting worse, while failing to imagine any way that it might negatively impact any site they use. Usually when I press the topic it turns into a game of whack-a-mole where the other people come up with more and more exceptions and specifics to these theoretical laws to reveal what they really have in mind, which is targeting some small handful of social media sites that they don't want other people to use. We see this with the age restriction laws where the comments come out in full force demanding ID checks and huge fines for Facebook and TikTok, but there are meltdowns whenever people realize that the regulations would be coming for their Discords, YouTube viewing, and Reddit access too.
I halfway imagine this whole exercise ending with some big show about warnings, where users who join TikTok or other websites have to click a big warning sign that says they might be addictive. If some countries start instituting laws against recommendations or personalize recommendations, the popularity of VPNs will continue to rise so people can simply use the products like they want instead of having to deal with nerfed versions to satisfy some country's laws.