Dear Friends,
you have spoken (and thank you for that)! We will convene online on
Thursday, July 1st, 17:00-20:00 CET
Small Lean BXL Meeting: “Brave New EU”
We want to:
- Hear how you have been and what you are up to
- Tell you briefly about this year’s biggest developments in Brussels
- Talk about whatever else you want to talk about
- Open a drink of choice and be merry
- Have “the best working from home outfit” contest (only half joking :))
*How do I get access?*
If you plan to participate we need to ask you to confirm this again to
provide you with access details to the meeting. Apologies, we just don't
want to be gate-crashed with any content that would spoil our good spirit.
There is no deadline, just hit respond to this email and we will know to
let you in in due time.
*Where do I join?*
We are now working out the details of which platform we will use to meet.
We will share it with everyone who confirms participation (for example by
hitting respond to this email).
*I want to tell you about exciting news!*
If you have news to share - wonderful! No need to prepare any of that -
unless you want to show something on screen, have a paralel chat with
interested people, or have any other special request - then please let us
know before we meet so that we can accommodate this.
We are very excited to see you in July!
Cheers,
Anna
--
Anna Mazgal
EU Policy Advisor
Wikimedia
anna(a)wikimedia.be
@a2na
mobile: +32 487 222 945
12 Rue Belliard
BE-1040 Brussels
--
Wikimedia Belgium vzw
BE 0563.775.480
- RPR Brussel
Antwerpselaan 40
Boulevard d’Anvers 1000 Brussel/Bruxelles
www.wikimedia.be
<https://www.wikimedia.be/>
info(a)wikimedia.be <mailto:info@wikimedia.be>
Yello!
The Regulation on tackling terrorist content online is a done deal! We want
to push for open source AI in the public sector. Also, it is finally time
to go after the sui generis database right. More below!
Anna & Dimi
This and previous reports on Meta-Wiki:
https://meta.wikimedia.org/wiki/EU_policy/Monitor
======
Digital Services Act
---
Council: Last week the Competitiveness Council configuration of the Council
of the European Union (so basically the Member States governments’
attachés) met and discussed the Protuguese Presidency’s latest progress
report on the DSA. [1] Nothing groundbreaking has happened since the
Presidency’s last suggestions (see last month’s report), but a some
countries clearly positioned themselves with demands. France wants to rely
less on other countries’ regulators to police and punish online platforms
based elsewhere in the bloc. Which makes Luxembourg and Ireland, where most
platforms are based, unhappy. The Swedish government voiced concerns about
free speech implications. To cite the Swedish representative the government
wants to reduce "the risk of over-removal, and thereby be less suppressive
on freedom of speech.”
---
Parliament - Lead Committee: The rapporteur of the lead committee, Christel
Schaldemose (S&D DK) of the Internal Market and Consumer Protection
committee, was supposed to send her suggestions for amendments to the
translating services on Friday. The other MEPs will have until 1. July to
get acquainted with her drafts and suggest their own amendments. We are
waiting for the draft report to be published by the translation services.
[2]
---
Parliament - Opinions: Meanwhile the rapporteur for the opinion of the
Legal Affairs Committee, Geoffroy Didier (EPP FR) [3] presented his main
priorities for the Digital Services Act during a hearing in the legal
affairs committee (JURI). The French EPP delegation is arguing for notice-
and stay-down mechanisms to prevent removed content from reappearing. This
would require upload filters. They also want to include harmful content in
the scope, even when it is not illegal. These positions were quickly
rebutted by the other three mainstream parliamentary groups: S&D, Renew
Europe and Greens/EFA.
======
Artificial Intelligence Regulation
---
As we have written last month, the European Commission has presented the
world’s first Regulation on AI. [4] It contains some bans, transparency
obligations and obligations on “high-risk uses”. We are now analysing it
and discussing what Wikimedia can and should address. You may join us: [5]
======
Data Act
---
The European Commission has been proposing a lot recently! We already have
a Data Governance Act, but now there will also be a Data Act. The Impact
Assessment has been published and the European Commission and we can now
provide feedback until 25 June. [6] The Data Act is supposed to boost the
access to and re-use of privately held data (business to business and
public sector). It might also tackle issues with the so-called Database
Directive. Part of our response will be a criticism of the sui generis
database right. [7] If you have any other ideas that we should plug, please
get in touch!
======
TERREG
---
The Regulation on addressing the dissemination of terrorist content online
in its final shape was published in the Official Journal of the EU on May
17 [8], ending a two and a half year-long legislative process. It enters
into force on June 7th 2021 and will apply from June 7th 2022. It means
that in a week’s time the Member States will have legal basis to start
setting up their systems and procedures, such as appointing competent
authorities; and companies -- their systems to respond. But both the
authorities and the platforms will be bound to comply with the law only in
June 2022, so even if everything is ready earlier than that, the
authorities cannot act upon it until June next year.
======
DMA
---
An event organised by BEREC (Body of European Regulators of Electronic
Communications) shed some light on how the Digital Market Act can (and
cannot) help end users. [9] The European Commission representative
maintained that the regulation is designed to do so, but not all
participants were convinced that the Ec proposal is enough. [10] EP
Rapporteur Andreas Schwab (EPP, DDE) underlined that more work is needed,
as tricky as it is to fix a global problem with “local” legislative means.
He pointed out that the qualitative determinants in defining who is a
gatekeeper are more important than the quantitative ones. The civil society
representatives and experts pointed to interoperability of platforms and
communication services as a must-have, and the need for obligations for
platforms to be self-executing and not applied case-by-case.
There is hope that the legislators will have an appetite to remodel DMA to
focus where it matters - by offering more practical solutions to users.
======
wikimedia.brussels
---
This month's blog posts:
A little less conversation, a little more action, please: The EU and the
TRIPS Waiver
<https://wikimedia.brussels/a-little-less-conversation-a-little-more-action-…>
- Justus Dreyling looks into the puzzling decision of the European
Commission regarding COVID-19 vaccines patents from the perspective of
access to knowledge
The truth is out there: 8 steps to tackle disinformation in the EU
<https://wikimedia.brussels/the-truth-is-out-there-8-steps-to-tackle-fake-ne…>
- Naphisca Papanicolau presents our views on how to make internet a better
place
TERREG adopted without a final vote – what to expect and what it means
<https://wikimedia.brussels/terreg-adopted-without-a-final-vote-what-to-expe…>
- Anna rounds out the aftermath of the April’s debacle with this important
piece of legislation being passed without a Plenary vote
Antiterrorists in a bike shed – policy and politics of the Terrorist
Content Regulation
<https://wikimedia.brussels/antiterrorists-in-a-bike-shed-policy-and-politic…>
- for the patient and fascinated with the ways the EU works, we have a
longer analysis of the political aspects of TERREG prepared together with
Diego Naranjo of EDRi
======
======
END
======
[01]https://data.consilium.europa.eu/doc/document/ST-8570-2021-INIT/en/pdf
[02]
https://oeil.secure.europarl.europa.eu/oeil/popups/ficheprocedure.do?refere…
[03]https://twitter.com/geoffroydidier
[04]
https://lists.wikimedia.org/hyperkitty/list/publicpolicy@lists.wikimedia.or…
[05]
https://docs.google.com/document/d/16c23xrA5_bkvugzN56_85QwKZa2mhFCyXVCW00L…
[06]
https://ec.europa.eu/info/law/better-regulation/have-your-say/initiatives/1…
[07]https://en.wikipedia.org/wiki/Database_right
[08]
https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32021R0784&fr…
[09]
https://berec.europa.eu/eng/events/berec_events_2021/281-berec-workshop-on-…
[10]
https://wikimedia.brussels/sanctioning-the-giants-will-the-internet-be-bett…
Dear Friends,
Long time, no see! What a decade it has been, huh? It *does* feel like a
decade, these months of “monotonous change” the global pandemics has
brought. We hope all of you have been well, and so have your close ones --
during times like these this has become a genuine concern and not just a
standard formula to open an email.
As you know we value the connection with you so much when we can be
together. But we cannot wait any longer, we feel we need to start coming
out of our confinement shell! Therefore we invite you to:
Small Lean BXL Meeting: “Brave New EU”
Choose your preferred date
<https://doodle.com/poll/zx85wurhfnx9n77x?utm_source=poll&utm_medium=link>
Why small? Because we do not offer the usual 3 days of cheers and updates -
we are downscaling to what Brussels does best: *Apéro!*
Why lean? Because we invite you to join us on this joyous occasion online!
Why “Brave New EU”? - we are emerging in the next phase of the pandemic
somewhat different, right? How has that changed us as individuals? As
policy experts? As a community? What do we take forward from this
experience and what do we leave behind?
We want to:
- Hear how you have been and what you are up to
- Tell you briefly about this year’s biggest developments in Brussels
- Talk about whatever else you want to talk about
- Open a drink of choice and be merry
- Have “the best working from home outfit” contest (only half joking :))
How does that sound?
Please tell us your preferred date out of those, either via doodle
<https://doodle.com/poll/zx85wurhfnx9n77x?utm_source=poll&utm_medium=link>
or email until May 31st:
-
Thursday, June 24th, 17:00-20:00 CET (because in Brussels Thursday is
the new Friday)
-
Friday, June 25th, 17:00-20:00 CET
-
Thursday, July 1st, 17:00-20:00 CET
-
Friday, June 2nd, 17:00-20:00 CET
We will let you know of the exact date as soon as we have your preference
clear. If there is anything you would like to discuss or present, let us
know so that we make sure we won’t miss your important updates.
Cheers!
Anna & Dimi
--
Anna Mazgal
EU Policy Advisor
Wikimedia
anna(a)wikimedia.be
@a2na
mobile: +32 487 222 945
12 Rue Belliard
BE-1040 Brussels
--
Wikimedia Belgium vzw
BE 0563.775.480
- RPR Brussel
Antwerpselaan 40
Boulevard d’Anvers 1000 Brussel/Bruxelles
www.wikimedia.be
<https://www.wikimedia.be/>
info(a)wikimedia.be <mailto:info@wikimedia.be>
Hi all,
I have been lurking in this list so far (and forwarding your insights to my very interested academic colleagues), but I think at least some of you may be interested in this call for papers:
http://www.deeuropa.unito.it/content/special-issue-call-papers-media-and-eu…
Yours,
Ine
[signature_1953115619]
Ine van Zeeland
PhD Researcher
T +32 (0)2 629 1 629
Pleinlaan 9 - 1050 Brussel
smit.vub.ac.be<https://smit.vub.ac.be/>
Wow! What a month! The Terrorist Content Regulation passed without a final
vote, an Artificial Intelligence law was proposed unexpectedly quickly and
over 600 amendment proposals to the Data Governance Act were tabled. And,
and... we started a blog! A lot to unpack, so we will spare you the update
on the Data Services Act this time around, as no big shifts occurred there
anyway.
Anna & Dimi
This and previous reports on Meta-Wiki:
https://meta.wikimedia.org/wiki/EU_policy/Monitor
======
TERREG
In an unexpected turn of events, Terrorist Content Regulation has been
adopted without a final vote. It has been possible due to a procedural
peculiarity [01] that defaults legislation “inherited” from the previous
legislative term to an adoption without a vote. A vote is a possibility if
a political group or 71 MEPs puts a motion to reject it or to open it up
for amendments. But since nobody filed one within a given deadline, the
adoption was simply announced at the plenary session, to the surprise of
many MEPs.
--
This way, the dangers of content filtering, over-policing of content by
state and private actors, and the cross-border prerogatives for governments
will become law in 12 months from now without a final stamp from the
elected representatives of the European citizens. As much as we didn’t
expect a miracle of rejection of a hard-fought-for proposal [02], in
democracy it is important to see where your representatives stand through a
vote.
We can only hope that next time, the MEPs and staffers who fought hard for
this text to be better, won’t miss a deadline and run a procedure check as
part of their preparations to an important vote.
======
AI Regulation
The European Commission proposed the world’s first AI law. Curiously, the
EU and US didn’t seem out of sync on this - the Federal Trade Commission
published its own set of guidance [03] with partially overlapping
requirements. But back to Europe: The proposal wants to ban some uses of AI
(real-time facial recognition in public places & social scoring) and to
impose obligations on “high-risk” uses (think credit scoring, self-driving
cars, social benefits). It requires high-quality data sets, testing for
discriminatory outcomes and a certain amount of transparency. The devil is,
as always, in the detail.
---
Bans: The proposed regulation outlines a list of banned artificial
intelligence applications that includes government-conducted social
scoring, real-time biometric recognition systems (e.g. facial recognition)
and practices that “manipulate persons through subliminal techniques beyond
their consciousness” or “exploit vulnerable groups such as children or
people with disabilities''. [04] As you can expect, these bans come with
numerous exceptions. Real-time facial recognition, for instance, shall be
allowed when looking for missing children or in the case of imminent
terrorist threat. Expect long debates and wrestling on concrete wordings.
---
High-risk Uses: A further category of regulated AI applications are
“high-risk uses”. Of course, the details of the definition will be key
here. Expect some fluffy wording combined with a list of concrete examples
in an annex [05], which is supposed to be updated by the European
Commission over the years. The proposed Annex includes uses in transport
(think self-driving cars), education, employment, credit scoring or
benefits applications, asylum and border control management. This list will
be a major lobbying battle. lists uses where AI will always be “high
risk,” such as employment and migration control.
When applying AI to high risk uses the operator, producer or distributor is
required to have a quality management system, undergo a conformity
assessment (through national authority or self-assessment), keep
documentation & logs, notify a national authority, ensure human oversight,
take corrective actions when risks are recognised and apply the CE marking.
[06]
A lot to unpack here and, of course, the devil is in the details. Expect us
to look very closely into the education AI uses and what exactly will be
covered.
---
Transparency Obligations: There are even fluffier transparency obligations
for “certain AI systems”. In a very simplified translation from legalese
the rule basically wants to say that if an AI system interacts with natural
persons, the person must know that it is AI/ML and what it does (e.g. if it
recognises emotions).
---
First reactions and legislative process: We think the proposal is filled
with good intentions that can end up as very sensible general rules for AI
development and deployment or can terminate in a bureaucratic hell for
everyone. Not sure we mentioned this before, but it looks like the devil
will be in the details. The European Consumer Protection Bureau (BEUC)
criticised that consumers aren’t given a straightforward way to enforce
their rights and access to redress and remedies. [07] EDRi and the European
Data Protection Supervisor call for adding predictive policing and all
forms of biometric surveillance in public places into unacceptable uses
category. [08] Tech Industry trade lobbies such as CCIA and DOT Europe were
quick to warn against unnecessary red tape, but also seemed to see some
sense in the approach.[09] We are now waiting for the European Parliament
committee to fight over and agree which one will be responsible - a
three-way race between the Internal Market, Legal Affairs and Civil Rights
committees.
======
Data Governance Act
---
We now have over 600 amendments tabled on the DGA. A lot to unpack, but we
will basically support the types of changes:
1. Amendments that will ensure that general interest projects (such as
freely licensed knowledge resources) aren’t obliged to register with a
national authority (a requirement planned for some cross-industry
data-sharing clearinghouses). Currently the wording is unclear.
2. Amdements that will restrict the use of the sui generis database rights.
3. Amendments that will ensure that the DGA doesn’t interfere with the
GDPR.
The meetings of the MEPs to discuss their amendments and look for
compromises are scheduled for May and April, but will likely continue after
summer. All amendments: [10][11]
======
wikimedia.brussels
---
Now that stand-alone blogs aren’t cool and hip anymore, we have finally
gotten around to starting one :/ The idea behind it is to have a place to
write more regularly on legislative files and to establish it as a source
for EU policymakers. Here are some reads that are already online:
-
E-Evidence: trilogues kick off on safeguards vs. efficiency - Dimi lets
us in on the sensitivities around passing on user data for the purposes of
criminal investigations
-
https://wikimedia.brussels/e-evidence-trilogues-kick-off-on-safeguards-vs-e…
-
What happens in Geneva shouldn’t stay in Geneva: Wikimedia and
international copyright negotiations - Justus (WMDE) explains why the
transparency of international negotiations on intellectual property matters
should be increased
-
https://wikimedia.brussels/what-happens-in-geneva-shouldnt-stay-in-geneva-w…
-
Sanctioning the giants – will the internet be better with the Digital
Markets Act? - Anna weighs in if the hopes for a reform of the
platforms’ ecosystem have been fulfilled in the DMA
-
https://wikimedia.brussels/sanctioning-the-giants-will-the-internet-be-bett…
-
How the DSA can help Wikipedia – or at least not hurt it - because terms
and conditions and community moderation rules are different and they both
matter
-
https://wikimedia.brussels/how-dsa-can-help-wikipedia-or-at-least-not-break…
======
======
END
======
[01]
https://www.europarl.europa.eu/doceo/document/RULES-9-2021-01-18-RULE-069_E…
[02]https://data.consilium.europa.eu/doc/document/ST-14308-2020-REV-1/en/pdf
[03]
https://www.ftc.gov/news-events/blogs/business-blog/2021/04/aiming-truth-fa…
[04]
https://digital-strategy.ec.europa.eu/en/library/proposal-regulation-laying…
[05]https://ec.europa.eu/newsroom/dae/document.cfm?doc_id=75789
[06]https://en.wikipedia.org/wiki/CE_marking
[07]
https://www.beuc.eu/publications/eu-proposal-artificial-intelligence-law-we…
[08]https://twitter.com/edri/status/1386968653996888069
[09]
https://techcrunch.com/2021/04/21/europe-lays-out-plan-for-risk-based-ai-ru…
[10]https://www.europarl.europa.eu/doceo/document/ITRE-AM-692584_EN.pdf
[11]https://www.europarl.europa.eu/doceo/document/ITRE-AM-691468_EN.pdf