http://dx.doi.org/10.17176/20210302-154101-0 https://staging.verfassungsblog.de/dsa-confusions/ The Digital Services Act and the Reproduction of Old Confusions Barata, Joan eng 2021-03-02 electronic resource text/html ddc:342 Big Tech Digital Services Act European Union Intermediary Liability Platform Regulation Verfassungsblog Verfassungsblog--2366-7044 CC BY-SA 4.0 While intended to refit the 20-year-old E-Commerce Directive, the Digital Services Act reproduces a central confusion in its predecessor: The interplay between a lack of knowledge or awareness of illegality remains a precondition to enjoy liability exemptions, however, the Digital Services Act encourages platforms proactive investigation of hosted content, which might trigger aforementioned knowledge or awareness. The inclusion of a Section 230-like ‘good Samaritan clause’, meant to facilitate proactive, own-initiative investigations of user speech by platforms, complicates matters further.