Big Tech is not in a position to bring historic European regulations into force [Update]

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Tomorrow, the world’s largest tech corporations, after all, will face a European Union law designed to replace the web forever, demanding more transparency and accountability than before from corporations operating primary platforms like Meta, TikTok, X, Google, Apple, and Amazon.

This landmark legislation, the Digital Services Act (DSA), may end up forcing platforms to make a difficult choice: incur hefty fines or threaten to alter their core business models by opting more than ever not to participate in recomtermination systems. you will simply be banned from operating in the EU altogether.

Now that Reuters reports that platforms are preparing for this primary shift, the question remains: to what extent is the EU in a position to enforce the DSA?

According to the DSA, platforms will need to prevent the spread of destructive content, avoid or restrict targeting to many users with personalized content and ads, and share information with researchers about how their opaque algorithms for presenting content work.

Infringements can occur simply if platforms do not provide transparent data on what they offer to users or how to opt out of proposals. Platforms can also threaten infringement if they don’t diligently address reports of illegal content.

Starting tomorrow, those regulations will apply to 19 very giant online platforms and search engines, but until mid-February “they will apply to a variety of online platforms, regardless of their size,” Reuters reported.

The platforms do not appear to be in a position to comply with the DSA. This summer, Facebook, Instagram, Twitter, TikTok and Snapchat conducted “stress tests” to see if they could “detect, address and mitigate systemic risks, such as disinformation,” Reuters reported, and all five platforms failed to meet DSA standards.

The European Commission (EC) has called on platforms to do more to prepare to comply before the DSA comes into force, but time is up and critics have said that platforms may as well simply pay the large fines that can deal with no problem. On EU consistency in DSA enforcement, accepting that breaches might be unavoidable seems worth the threat for some platforms that expect little or no enforcement.

The stakes remain high for the EU, which continues to set the bar for strict generation regulations. How effectively these regulations can be enforced is likely to influence not only the behaviour of platforms and the functioning of the web in the EU, but also the resolve of governments globally to copy laws such as the DSA.

Last year, it became clear to almost everyone that the DSA would be difficult to enforce. European policy expert Asha Allen, director of advocacy for Europe, online expression and civic at the Center for Democracy and Technology, a European office, wrote in a Wired op-ed that when the DSA was passed, there was “simply” no “institutional capacity to pass this law effectively. “

It’s unclear exactly what has changed over the past year or whether the EU has followed what Allen claimed was one of the most critical steps in achieving the DSA’s ambitious goals: hiring enough “world-class scientists and knowledge experts to help kick-start the new DSA. ” obligations of algorithmic transparency and accessibility to knowledge.

“Simply put, without the meaningful commitment of advocates in implementing and enforcing the entire DSA, the potentially revolutionary provisions we have worked so diligently to secure in the text will not materialize,” Allen warned.

Ars may simply not touch the EC or Allen to comment on what he has replaced since last summer, when the commission provided a “glimpse” of what the DSA app would look like. At this stage, the EC has admitted that “introducing new obligations on platforms and new rights for users would be dead if not implemented well”.

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