The EU is preparing to finalize its Digital Markets Act (DMA) designed to neutralize Big Tech’s gatekeeper status by leveling the playing field with smaller competitors. The DMA, which could be completed by month’s end, has ramifications for Amazon, Google and parent Alphabet, and especially for Apple, which faces what some describe as an existential threat through provisions that would allow software to be downloaded outside the App Store and third-party payment systems inserted on apps, known as “sideloading.” Failure to comply could carry fines and penalties totaling tens of billions of dollars. Continue reading EU Digital Markets Act Poised to Compel Apple ‘Sideloading’

The European Parliament has added amendments to the EU’s proposed Digital Services Act that will further strengthen consumer protections and make it more difficult for Big Tech to continue tactics for surveillance advertising and microtargeting. The new amendments, advanced at a plenary session last week, are significant in part because they apply to digital services more broadly than the original DSA, which targets “gatekeeper” companies like Google and Facebook. Parliament had already endorsed a full ban on the profiling of minors as well as limiting the use of special category data for ad serving. Continue reading Euro Parliament Toughens Stance on Surveillance Advertising

CES 2022 featured a compelling session that focused on “Artificial Intelligence: Expectations, Rules and Achievement,” which began with introductory remarks by Congresswoman Mariannette Miller-Meeks (R-Iowa) who questioned whether the federal government had AI experts who understood the innovations. “These are disruptive technologies,” she said. “What will it do to our healthcare system? With autonomous vehicles, do we have the relevant policies in place for government and insurance companies?” She also worried about competition in the space. This jump-started a panel discussion on the numerous opinions involving AI. Continue reading CES: Panel Reveals Surprising Statistics on Perceptions of AI

The European Parliament and EU Member States have reached an agreement on the Data Governance Act, clearing the way for final approval on legislation. The Data Governance Act is a framework designed to encourage sharing under the General Data Protection Regulation (GDPR), consumer protection laws and competition rules. The goal is to develop common European data spaces in areas such as manufacturing, cultural heritage and health. The Data Governance Act is the first of two steps. The EU’s Data Act — which promotes data sharing among EU member states, businesses and government — will soon be formally proposed. Continue reading EU’s Data Governance Act Targets Growth of Digital Economy

In what could be bad news for companies such as Facebook and Google, the European Parliament has voted to toughen limits on the use of consumer data for advertising. The Committee on Internal Market and Consumer Protection (IMCO) voted overwhelmingly under the Digital Markets Act (DMA) to support stricter consent requirements for how personal information is used to serve ads, expanding the draft legislation to include a ban on the commercial use of the personal data of minors. The proposed law blacklists some practices of Big Tech platforms and empowers the EU Commission to undertake investigations, adding sanctions for non-compliant behavior. Continue reading European Union Supports New Restrictions on Targeted Ads

Facebook whistleblower Frances Haugen’s meetings with European Union officials have accelerated the lawmakers’ plans to tamp down Big Tech. Officials are calling for quick action to strengthen and enact measures of a 2020 bill that would impose strict obligations on social media companies. As currently drafted the bill would require technology platforms to monitor and mitigate risks from illegal content or suffer stiff fines. Likening Europe to “a digital Wild West,” EU digital commissioner Thierry Breton said, “Speed is everything” and EU members must pass the new tech legislation in the first half of 2022. Continue reading FB Whistleblower Testimony Accelerates EU Regulatory Push

The European Parliament passed a non-binding resolution that calls for banning law enforcement’s use of biometric surveillance, including facial recognition. The vote signals what Parliament is willing to adopt as part of the Artificial Intelligence Act being developed by the European Commission. Members of the European Parliament (MEPs) advocate for a permanent ban on automated recognition of individuals in public spaces in addition to the use of private facial recognition databases such as those developed by companies including New York-based Clearview AI.  Continue reading European Parliament Recommends Ban of Facial Recognition

France has pioneered a new “repairability index” for all electronic devices sold in that country. The criteria for the final score include how easy it is to take the device apart, availability of spare parts and technical documentation. The index will be implemented, with fines for non-compliance, beginning next year. This move is part of France’s stated goal to fight planned obsolescence, as manufacturers intentionally create products that need to be replaced frequently. Fighting such obsolescence reduces waste and France’s effort may serve as a model for other countries. Continue reading France Establishes Repairability Index for Electronic Devices

As the Australian law requiring Google and Facebook to pay publishers for content nears passage, news publishers in the European Union are urging legislators to copy that law. The European Publishers Council supports the Digital Markets Act (DMA) to be included in legislation, forcing binding arbitration if the two parties can’t agree on payments. In the U.S., Congress members intend to introduce legislation to make it easier for smaller news organizations to negotiate with Facebook, Google and other Big Tech platforms. Continue reading Europe Echoes Australia’s Call for Big Tech to Pay Publishers

The European Data Protection Supervisor (EDPS) Wojciech Wiewiórowski, the European Union’s top privacy regulator, called for a complete ban on targeted advertising. That’s a harsher recommendation than that of the European Commission, which simply suggested increased transparency on political ads and limits to micro-targeting and psychological profiling. Wiewiorówski’s proposal was in response to a request for EU lawmaker consultation on the Commission’s Digital Services Act (DSA) introduced in December. Continue reading Top EU Privacy Regulator Calls for Total Ban on Targeted Ads

The European Union’s executive branch issued drafts of two bills that would hike fines for illegal content and anticompetitive behavior up to 6 percent or 10 percent of annual worldwide revenue and even break up Big Tech firms to stop “competitive abuses.” Although the bills don’t mention any firms by name, they could be applied to Amazon, Apple, Facebook and Google. The UK, which is no longer part of the EU, has similar legislation in the works that would fine abusers up to 10 percent of annual global revenue. Continue reading EU Proposes Two New Laws in Its Effort to Regulate Big Tech

The European Union’s top court voided a transatlantic data-sharing pact this week, ruling that EU residents’ data, when moved to the U.S., are not sufficiently protected from that government’s surveillance. The legal battle began in 2013, when privacy activist Max Schrems complained to the Irish Data Protection Commissioner, pointing to Edward Snowden’s leaks as proof that U.S. law did not protect against scrutiny. Countries outside of the European Union and companies that want to move EU data abroad must now meet strict EU data laws. Continue reading Privacy Shield: Top EU Court Strikes Down Data Transfer Pact

The European Commission is set to extend its eco-design directive to cover laptops, phones and tablets, setting a standard for changeable and repairable parts, dubbed “the right to repair.” It is estimated that, in the European Union, less than 40 percent of electronic waste is recycled. The law currently covers energy efficiency standards for computers, dishwashers, TVs and washing machines. European commissioner for the environment Virginijus Sinkevičius said this Circular Economy Action Plan is a “new economic model.” Continue reading EU’s New Recycling Law Will Cover Laptops, Phones, Tablets

The European Parliament voted to fine Internet platforms such as Facebook, Google and Twitter up to 4 percent of their annual global turnover if they do not remove extremist content within one hour of authorities’ request to do so. The vote was 308 to 204, with 70 abstentions. The European Parliament also approved a platform-to-business (P2B) law proposed by the European Commission in April 2018. The P2B law forces Amazon and Google to reveal how they rank products and Facebook and others to be more transparent. Continue reading EU Parliament Passes Laws That Impact Online Companies

In what has been an annual presentation at the HPA Tech Retreat, Thompson Coburn attorney Jim Burger delivered his update of legislation and litigation from the nation’s capital. His take on “administrative-legislative developments in copyright” was summed up by a slide of stars and the sounds of crickets, reflecting the government shutdown. Burger first briefly defined copyright as “an original expression in a fixed tangible medium,” and described the four-factor test that defines non-exclusivity. Continue reading HPA Tech Retreat: Jim Burger Presents Washington Update