18 November 2021
Digital Services Act: European Parliament discusses website blocking against platforms
The deliberations on the Digital Services Act are taking a worrying turn. In the European Parliament's struggle to reach a common negotiating position, rapporteur Christel Schaldemose is proposing that authorities be allowed to order the complete blocking of online platforms, according to Der Tagesspiegel. Website blocking is already controversial when it is used as a last resort, the current proposal, however, eclipses anything that has gone before, because it envisages website blocking as an interim measure. This ill-conceived proposal contravenes the system of sanctions in the DSA and is incompatible with fundamental rights. Continue reading >>
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18 November 2021
Digital Services Act: Europaparlament diskutiert Netzsperren gegen Plattformen
Die Beratungen über den Digital Services Act nehmen eine besorgniserregende Wendung. Im Ringen um eine gemeinsame Verhandlungsposition des Europaparlaments schlägt die Berichterstatterin Christel Schaldemose laut dem Tagesspiegel vor, dass Behörden die vollständige Sperrung von Online-Plattformen anordnen dürfen. Sogenannte ‚Netzsperren‘ sind bereits umstritten, der aktuelle Vorschlag stellt jedoch alles bisher Dagewesene in den Schatten, sprengt die Systematik der Sanktionen im DSA und ist mit den Grundrechten unvereinbar. Continue reading >>
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07 September 2021
Eyes Wide Open
The Digital Services Act must confront a gordian knot of fundamental rights and public interests with respect to various affected actors. To be effective, the new regulation must both consider the current reality of intermediary service provision and provide enough flexibility for future technological developments. It currently falls short of this aim. Continue reading >>
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07 September 2021
Platform research access in Article 31 of the Digital Services Act
Over the past year, dominant platforms such as Facebook have repeatedly interfered with independent research projects, prompting calls for reform. Platforms are shaping up as gatekeepers not only of online content and commerce, but of research into these phenomena. As self-regulation flounders, researchers are hopeful for Article 31 of the proposed Digital Services Act, on “Data Access and Scrutiny” - a highly ambitious tool to compel access to certain data, but researchers also need a shield to protect them against interference with their independent projects. Continue reading >>
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06 September 2021
Re-Subjecting State-Like Actors to the State
The Digital Services Act aims to limit the power of the Big Tech companies and to place more responsibility on them to control the content which is posted on their websites. Rather than providing even more power to the platforms via de facto self-regulation, the DSA should strengthen the interference opportunities of public authorities. Continue reading >>
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05 September 2021
Human Ads Beyond Targeted Advertising
If the bridling of harmful targeted advertising is a core objective of the DSA, the exclusion of influencer marketing is a grave oversight. Amendments introduced by the Internal Market and Consumer Protection Committee in the European Parliament may remedy this omission. If "human ads" were omitted, Big Tech platforms’ sophisticated data-related business models will continue to escape encompassing regulation and hence, their power will remain unchecked. Continue reading >>
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03 September 2021
Enforcement of the DSA and the DMA
In trying to overcome the cross-border enforcement’s pitfalls of the GDPR, the Commission’s proposals for a Digital Services Act and Digital Markets Act are largely expanding the Commission’s enforcement powers. Unfortunately, what is touted as a solution for cross-border enforcement issues, might lead to new difficulties and challenges due to the risks of the centralization of power with the Commission. Continue reading >>
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03 September 2021
Private Enforcement for the DSA/DGA/DMA Package
The package consisting of the Digital Markets Act, the Digital Services Act, and the Data Governance Act is about empowering authorities vis-à-vis powerful private market players. Private enforcement is absent in this package, despite its great potential: By engaging in rule enforcement, individuals and companies help to confine key market players’ (unlawful use of) economic power, while also counterbalancing a tendency for state agencies to become the sole decision makers on when and how to sanction what they consider undue conduct. Continue reading >>
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02 September 2021
General and specific monitoring obligations in the Digital Services Act
The Digital Services Act contains regulation that does not directly interfere with platforms’ freedom to operate but indirectly creates incentives for their handling of risk-aware behaviour, for example, towards personality right violations. Within the context of general and specific monitoring obligations in the Act, in particular, indirect regulation can encourage innovative and pragmatic decision-making, although further guardrails are necessary. Continue reading >>
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01 September 2021
Using Terms and Conditions to apply Fundamental Rights to Content Moderation
Under EU law, platforms presently have no obligation to incorporate fundamental rights into their terms and conditions. The Digital Services Act seeks to change this in its draft Article 12, however, there has been severe criticism on its meagre protection. As it stands and until courts intervene, the provision is too vague and ambiguous to effectively support the application of fundamental rights. Continue reading >>
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