Last Friday, the #DigitalServicesAct deal was agreed. The #DSA is a gamechanger for our lives, society & the internet. It's incredibly important for regulating digital services, in particular the very big online platforms. But what does the deal mean & what's in it? Long 🧵
Clear rules for illegal content: In future, orders by judicial and administrative authorities of the Member States against illegal content (Article 8) and orders for information (Article 9). #DigitalServicesAct
All online services must have a contact point or legal representative in the EU. This also applies to services like Telegram. No one can operate on the market in Europe without complying with European law. #DigitalServicesAct
Stronger user rights: Terms and conditions that set rules for content moderation must be applied in an objective & non-arbitrary way. Online services are obliged to respect the fundamental rights of their users when applying & enforcing their terms. #DigitalServicesAct
Meaningful transparency: Content moderation must be explained annually in public, machine-readable transparency reports (Articles 13, 23 and 33). #DigitalServicesAct
Users will have harmonised notification procedures across Europe to quickly & easily report potentially illegal content online (Arti 14). But users will also get information on take-downs and complaints procedures have to be set up by platforms (Art 15,17). #DigitalServicesAct
We pushed through a ban on profiling for advertising purposes based on sensitive data (e.g. political, sexual orientation, trade union membership, religion in Art. 24) and on the data of minors. This is an important first step in reducing profiling. #DigitalServicesAct
The DSA includes a ban on dark patterns (Art. 23a) that deceive or push users into consenting or buying. But: the text was weakened in the final round of negotiations so that practices already covered by existing legislation aren't included in this ban. #DigitalServicesAct
Online marketplaces must make “reasonable efforts” to randomly check relevant databases for illegal products and generally “make reasonable efforts” to verify the identity and thus ensure traceability of traders. #DigitalServicesAct
Platforms with over 45 mio users in Europe have to carry out annual risk assessments for impacts on fundamental rights, human dignity, data protection, diversity of expression and media, non-discrimination, protection of minors and consumer protection. #DigitalServicesAct
Access to platform data for researchers and civil society: This is crucial to hold platforms accountable, to allow independent scrutiny and to understand how these platforms operate (Article 31). #DigitalServicesAct
Regulators have strong enforcement measures at their disposal (Article 41 ff.) They can impose fines of up to 6 % of their global turnover. In the case of persistent infringements, periodic fines of up to 5 % can be imposed. #DigitalServicesAct
The Commission will have central oversight of the rules for very large platforms to prevent an enforcement “traffic jam” in individual countries. VLOPs should pay supervisory fees – an idea initially put forward by our group.
h/t @kimvsparrentak#DigitalServicesAct
@kimvsparrentak Big disappointment: there will be no separate article protecting against revenge actions of ex-partners who publish nude pictures (partly with the names and addresses of the persons concerned) or against secretly made pictures or videos, #DigitalServicesAct
My 2c on #ElonMusk#TwitterTakeover: If Musk implements his announcements, it means that Twitter can pack up here in Europe.
With free speech absolutism, he underestimates the consequences for our democracy and will clash with obligations under the EU's #DigitalServicesAct.
#ElonMusk will soon be confronted with the #DigitalServicesAct: content moderation in the EU must meet high standards & respect all fundamental rights. The #DSA contains many strict rules for the biggest platforms - and Twitter will very likely fall in the VLOPs category.
The #DigitalServicesAct means that Twitter has to invest in human content moderators, it has to comply with due diligence obligations, such as risk assessments of its service & algorithms for society. If he doesn't comply: there will be heavy fines!
Today the European Commission officially presented its proposal for harmonised rules on artificial intelligence that has the ambition to create a framework for #artificialintelligence that respects European values. Is it fit for purpose? At first sight: No. [Thread] 1/23
First of all, very few applications are prohibited. Among them, the ban of remote biometric identification is in. In theory. In practice the exceptions granted to law enforcement agencies are too broad to call this provision a ban. #reclaimyourface 2/23
There is no ban for gender identification and recognition of sexual orientation either. Subject to a ban are subliminal techniques beyond a person’s consciousness, but only if they cause physical or psychological harm to that person. 3/23
The European Commission presents an interesting proposal to regulate high risk AI systems. Hey, we’re on our way to become a global standard setter and to align AI with democratic European values. Or aren’t we? Here are some of my preliminary observations: #AI#womenintech
AI systems that manipulate human behavior “to the detriment” of the persons using the systems shall be banned. That is a great idea. But the devil is in the detail. What does “detriment” exactly mean and how can those persons know and prove they have been manipulated?
AI systems used for “indiscriminate surveillance” shall also be banned – if applied “in a generalized manner to all natural persons without differentiation”. Does that qualify as a ban of targeted (surveillance) advertising? Asking for a #DSA shadow rapporteur.