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
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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
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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]
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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…