tl;dr
The EU is by now in full COVID-19 crisis mode, the institutions are working
from home, including plenary sessions of the European Parliament that
allowed for the first time ever remote voting by email. Member States are
asking and will get an extension on all transposition deadlines and
legislative proposals as well as consultations - think platforms liability,
AI, data strategy, terrorist content - will certainly be delayed.
This and previous reports on Meta-Wiki:
https://meta.wikimedia.org/wiki/EU_policy/Monitor
======
COVID-19 Delays
Talking to the European Commission these days you can hear varying
messages, from “Everything is on hold” to “The momentum is not lost”. Work
is continuing on most files, as even bureaucrats need to work on something
from home, but the pace is expected to drop significantly.
---
The Copyright Reform transposition deadline which is 7 June 2021 will be
postponed. This is not a measure specific to the Copyright in the Digital
Single Market Directive, but will be a general rule for all EU law. Some
Member States have asked the Commission for such a move and the Secretary
General has replied in the affirmative.
---
A consultation on the Digital Services Act (DSA), an initiative to reshape
the EU’s rules on platform liability that was supposed to be published by
the end of March has been delayed without a new indicative date. We might
still see a legislative proposal by the end of the year, but that is
looking like an uncertain bet.
---
Be more responsible: The credo that platforms need to be “more responsible”
is taking actual shape in the midst of the crisis. The large platforms,
often criticised for their dominant positions, are now becoming partners of
many national governments and the Commission. They are taking a much more
aggressive approach toward content moderation, prioritising government
information and throttling bandwidth usage. At the same time, they admit
that due to the moderation personnel shortages during the pandemics they
rely more and more on AI. That, as they themselves admit, may not be
perfect at all. The responsible Commissioner, French Thierry Breton, is
having regular calls with CEOs. In the past lawmakers have accused big tech
of being uncooperative while platforms have been fighting attempts at
government mandated content moderation. How this new dynamic will play once
we are back to the legislative drawing board remains to be seen, but the
politics of internet regulation have changed. There is talk that the
Commission would be willing to grant liability protections for platforms
that are more active in moderating content. Currently the inverse is the
case.
---
Meanwhile, MEP Petra Kammerevert (S&D DE) of the Culture Committee (CULT)
has published two committee draft opinions on the DSA. They are very brief
and highlight the key fundamental rules by which the EU should abide while
setting up the new rules, namely that automated systems should not replace
human review and that judicial overview needs to be ensured. The text also
suggests that a sector-specific approach would be wise. These drafts will
now be open to all MEPs from the relevant committees (the first one to
Legal AffairsCulture, the second to Civil Liberties) to propose amendments
before being voted on in committee and then plenary. A credible timeline is
not available, although rumour has it that JURI MEP Tiemo Woelken promised
to present under the EP’s consideration the so called own initiative report
he is in charge of, in time - end of May. . The CULT drafts are online:
https://www.europarl.europa.eu/doceo/document/CULT-PA-648593_EN.pdfhttps://www.europarl.europa.eu/doceo/document/CULT-PA-648588_EN.pdf
---
On Artificial Intelligence the European Commission published a White Paper
and a respective public consultation. The original goal was to have a
legislative proposal by year’s end, but that’s of course unclear now. The
political will is to lay down rules for such technology before it becomes
as big and as dominant (and thus hard to regulate) as the largest online
platforms. It seems like the legislator is mainly looking for clear legal
requirements that are directed at the actors responsible for producing and
operating AI tools. At the same time they don’t want to scare off
investment and stifle innovation. We invite you to collaboratively draft
consultation answers with us!
White Paper:
https://ec.europa.eu/info/sites/info/files/commission-white-paper-artificia…
Consultation:
https://ec.europa.eu/digital-single-market/en/news/white-paper-artificial-i…
Meta-Wiki Consultation Page:
https://meta.wikimedia.org/wiki/EU_policy/Consultation_on_the_White_Paper_o…
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Terrorist Content Regulation (TERREG):Now that the trilogues are put on
hold due to the work-from-home mode, we still hear that conversations on
the file continue unofficially. This gives us time to weigh in, and it is
especially important in Member States. If you can, we need you to contact
your government about this as well as your relevant MEPs. Talking to
organisations that work with vulnerable groups is also useful. These could
be those working with refugees, minorities, whistleblowers; on climate
crisis, on counter-radicalisation, on human rights abuses. Their community
and work will be affected by these measures. They need to know this and
they need to get vocal now. Finally, if you know media organisations
(Reporters Without Borders, unions of journalists, etc.) and journalists
(reporters and investigative journalists as well) - same thing. Writing
about EU legislation is rarely the news of the day, but they should get
interested and speak to their government about protecting their space for
adequate reporting and sources.
As usual, we are happy to help with some who-is-who orientation for the
Members of European Parliament and for key talking points.
---
Fake News Fines in Hungary are a real thing now with the state of emergency
law passed by the parliament in Budapest yesterday. Individuals who
publicise what are viewed as untrue facts and which could interfere with
the protection of the public, or could alarm a large number of people can
now face fines and time in prison.
More on Politico:
https://www.politico.eu/article/hungary-viktor-orban-rule-by-decree/ber of
people — now face several years in jail.
---
Big Fat Brussels Meeting
Our beloved EU policy meeting was postponed indefinitely due to the state
of emergency in Belgium. Depending on how the situation develops we will
either try to have a gathering at year’s end or switch the format and
replace it with issue-specific online discussions.
======
END
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tl;dr
Terrorist Content Online is hot in the Parliament and is taking a worrying
turn, Online Content Moderation is THE topic in national capitals and
Brussels is trying to stop them with its own effort. A Data Data Strategy,
which includes open data) is to be written and the Commission is asking for
input.
This and previous reports on Meta-Wiki:
https://meta.wikimedia.org/wiki/EU_policy/Monitor
======
DIGITAL STRATEGY
As we wrote in the last report the Commission has unveiled its Digital
Working Programme. [1] More and more details are coming to light, including
that it will look in a specific Data Strategy which will contain a review
of the Database Directive. A solid focus will be put on Content Moderation
online via the Digital Services Act (see more below) and Artificial
Intelligence. The so-called Gig Economy (think Takeaway, Foodpanda and Uber
Eats) and Digital Tax issues will also be looked into.
======
TERREG
Preventing the dissemination of terrorist content online [2] fits the fancy
new Digital Strategy perfectly, but is a leftover from the old Commission.
This is why it is already at the trilogue stage of negotiations, where the
EP and the Council are having a go at it.
---
As high as the pressure on the participants is to get ready with some meat
on the compromise bones for the 18 March trilogue, still there is no full
draft of what a compromise could look like. Reportedly, the Shadows are
gearing up to defend exceptions in the definition, notably keeping artistic
purposes as exempted from its scope. Another important issue is to replace
the forbidden - and very open to interpretation - "promoting" terrorist
offenses with "inciting to", which at least gives a better guideline when
the line between free speech and illegal activity may be crossed. We can't
believe we are still discussing this, yet here we are. If you like to give
us a helping hand by getting in touch with the shadow rapporteurs and
telling your government to do the right thing and support sensible ideas of
the European Parliament representatives, please show up. That way we can
perhaps get it over with and move on to another can of worms.
=====
Content Moderation
---
Germany & NetzDG2
The German federal government pushes for several amendments to the network
enforcement act (Netzwerkdurchsetzungsgesetz, a.k.a. NetzDG), which since
its inception in 2017 establishes added compliance rules for social media
platforms directed at German audiences. They have to check and delete
postings that were reported as unlawful, with a focus on hate crime and
protection of personality rights. Failing to comply within very short
deadlines can lead to considerable fines, which is why NetzDG has been
criticised as setting one-sided incentives towards deletion and
overblocking. It also provides victims of potential hate crimes with better
means to request user data of potential perpetrators from social network
providers under judicial order. With the proposed amendments, a new duty
would lie on the network providers to report postings to the Federal Police
if "concrete evidence towards a criminal offence" of a certain type (e. g.
death threats) is present and the posting is likely to have prolonged
effect. For this, the criminal code is also to be amended accordingly. The
means for victims and police are to be extended by including full data
requests including account data such as passwords, if a judicial order says
so. The latter point especially has led to widespread criticism, saying
that the new rules would go too far. Several NGOs and groups (incl. WMDE)
have signed an open letter warning against this continuing privatisation of
law enforcement with potential grave consequences for freedom of speech,
asking for better trained and equipped police and judiciary instead. Some
further reading: [3][4][5]
---
France & Loi Anti Haine
Meanwhile in France the Senate has amended the proposed “anti hate speech
law”. It removed the 24-hour deletion deadline and also deleted the
one-hour deadline for terrorist material. The text will now go back to the
National Assembly, which can override the Senate’s changes. Further
reading: [6][7][8]
---
UK & Online Harms
Just as busy bureaucrats in Paris and Berlin are working on this, so are
their counterparts in post-Brexit London. An “Online Harms” proposal is on
its way that will have the telco regulator Ofcom rely on social media
companies to decide what is and isn’t illegal content. There are worries
about freedom of expression and balance of interests here that prompted
Ofcom and Boris Johnson himself to publicly let it be known that the new
rules shouldn’t harm online speech too much. Further Reading: [9][10][11]
---
Austria & Hate Speech Online
Another one on the online moderation bandwagon is Austria. The new
government started talking of a “duty of investigation” on police and
public prosecutors that would require them to initiate investigations
independently from a legal action brought by the victims of online hate
speech. Internet platforms should also be made more accountable for the
deletion of illegal content. It is clear that Vienna is drawing on the
experience of Berlin, but details are still very vague.
---
Sweden & Online Liability
Stockholm welcomed Europe’s digital push but wanted the Commission to go
further in platform content regulation. “The current EU rules of liability
are not enough to remove and keep illegal material on the internet
platforms. Owners’ responsibility to keep their platforms free of hatred,
threats and other criminal content should be regulated by law,” said Anders
Ygeman, Sweden’s minister for energy and digitisaion, according to
Politico.
---
EU & Digital Services Act
Meanwhile Brussels is trying hold back Germany, France and co. as much as
possible until a European framework is on its way. The European Commission
needs to first properly evaluate the 2000 E-Commerce Directive and has four
policy options from then on:
1. Focus solely on enforcement of current rules.
2. On top of stronger enforcement mechanisms establish stronger liability
for platforms.
3. Completely rewrite the current liability regime.
4. Keep the current, national “country of origin” principle, but establish
a EU-wide regulatory oversight system.
======
Data Strategy
The European Commission has opened its consultation on a “European Strategy
for Data”. [12] It looks like an attempt to pull all the different
initiatives around access and re-use of data into one, somewhat more
coherent, plan. The Database Directive is part of this topic and we will
try to again bring up the issue of the so-called sui generis right on
databases. The consultation deadline is 31 May and if you would like to
collaborate with us, please get in touch!
======
Artificial Intelligence & Big Fat Brussels Meeting
Now that even the Vatican has shared its two cents on Artificial
Intelligence [13], Wikimedia will need to have something coherent and
constructive to say on this topic. Question include ethics and, of course,
IP (what happens when the AI creates a new work?). We want to make this a
topic of this year’s Big Fat Brussel’s meeting in the second half of March.
[14]
---
As the current COVID-19 spread is having organisations, including
Wikimedia, cancel events we are currently looking into the Brussels Meeting
as well. We working on coming up with a plan of action and confirm or
cancel the event by mid-week and will inform everyone accordingly.
======
[1]
https://ec.europa.eu/info/strategy/priorities-2019-2024/europe-fit-digital-…
[2]
https://oeil.secure.europarl.europa.eu/oeil/popups/ficheprocedure.do?lang=e…
[3]
https://www.handelsblatt.com/politik/deutschland/netzdg-neuer-streit-ueber-…
[4]
https://www.ivir.nl/publicaties/download/NetzDG_Tworek_Leerssen_April_2019.…
[5]https://www.schieb.de/767808/netzdg-2-0-neue-regeln-neue-bedenken
[6]
https://www.publicsenat.fr/article/parlementaire/loi-avia-le-senat-retablit…
[7]
https://usbeketrica.com/article/pourquoi-la-loi-contre-la-haine-en-ligne-in…
[8]
https://www.nouvelobs.com/societe/20200123.OBS23850/loi-avia-au-fait-c-est-…
[9]
https://www.jdsupra.com/legalnews/uk-government-releases-details-of-new-933…
[10]https://www.gov.uk/government/consultations/online-harms-white-paper
[11]https://www.wired.co.uk/article/online-harms-white-paper-uk-analysis
[12]
https://ec.europa.eu/digital-single-market/en/news/online-consultation-euro…
[13]
https://www.politico.eu/pro/vatican-calls-for-ai-ethics-with-backing-of-ibm…
[14]
https://meta.wikimedia.org/wiki/EU_policy/Big_Fat_Brussels_Meeting_VII#Agen…