Yeah, the difference is in whether or not the company is choosing what to put in front of a viewer’s eyes.

For the most part an ISP just shows people what they request. If someone gets bomb making directions from YouTube it would be insane to sue AT&T because AT&T delivered the appropriate packets when someone went to YouTube.

On the other end of the spectrum is something like Fox News. They hire every host, give them timeslots, have the opportunity to vet guests, accept advertising money to run against their content, and so on.

Section 512 of the DMCA treats “online service providers” like YouTube and Reddit as if they’re just ISPs, merely hosting content that is generated by users. OTOH, YouTube and Reddit use ML systems to decide what the users are shown. In the case of YouTube, the push to suggest content to users is pretty strong. You could argue they’re much closer to the Fox News side of things than to the ISP side these days. There’s no human making the decisions on what content should be shown, but does that matter?