News from Across the Sea #2

News Across the Sea 2: Welcome to the second edition of News Across the Sea. In this edition, we’ll say goodbye to a key figure and welcome new players—some not-so-new—to this co

News from Across the Sea #2:

Welcome to the second edition of News from Across the Sea. In this edition, we’ll say goodbye to a key player and welcome new participants—some not-so-new—to this conversation. Developments surrounding the Digital Services Act show no signs of letting up. To avoid dragging this out unnecessarily, let’s jump right into the updates. Thierry Breton: The Last Dance It’s time to say goodbye to European Commissioner for the Internal Market and Services Thierry Breton, the star of the first edition of our newsletter. The relationship between Breton—who was in charge of implementing the DSA and ensuring compliance with it on the European Commission’s side—and his boss, Ursula von der Leyen, President of the European Commission, wasn’t the best for a few months. In September, Breton unexpectedly resigned and, as is his custom, he did so in a way that didn’t go unnoticed. He made his decision public via his X account, first through a cryptic meme and, minutes later, through a letter in which criticized the Commission President’s leadership and accused her of having asked the French government to withdraw his nomination as a candidate for commissioner for the new term. Breton’s resignation came amid harsh criticism of his tenure. The official’s high profile, combined with the controversies in which he was embroiled, eroded confidence in the European Commission as the body responsible for implementing and enforcing the DSA in a balanced and responsible manner. So much so that even other officials have decided to distance themselves between Breton’s verbal disputes and the actions of his technical staff. Breton is stepping down from his role as the DSA’s “chief enforcer” with a largely negative track record. The official will be remembered most for his restrictive view of free speech, his high profile, and his memes (of questionable or poor quality) than for any concrete successes in its implementation. The Virkkunen Era Commission President Ursula von der Leyen presented the candidates to serve on the College of European Commissioners for her second five-year term at the helm of the body. Henna Virkkunen of Finland will be responsible for implementing the DSA in her roles as Commissioner for Digital Technologies and Vice President for Technological Sovereignty, Security, and Democracy. A journalist with a degree in philosophy and former Minister of Education of Finland, Virkkunen was deeply involved in drafting the DSA during her time as a Member of the European Parliament. As for her style, news reports suggest a low-key profile and a stark contrast to her predecessor, Breton. In her Mission Letter, the Commission President also tasked Virkkunen with implementing the Digital Markets Act and the Artificial Intelligence Act. Furthermore, she put her in charge of a “long-term dialogue on compliance” to contribute to the Commission’s work on disinformation, within the framework of the European Democracy Shield (European Democracy Shield). Other tasks assigned to Virkkunen will include the international promotion of European digital standards to make Europe a global leader, combating “unethical techniques” online (such as dark patterns, influencer marketing on social media, addictive design of digital products, and online user profiling), and collaborating on research into the impacts of social media and the action plan against cyberbullying. The workload she will face looks set to be challenging, but the Finnish candidate, who celebrated her birthday by running 100 kilometers, has stamina to spare. Her fate will be decided at the confirmation hearing before the European Parliament in Brussels on November 12. New Alternative Dispute Resolution Bodies Two new alternative dispute resolution bodies have been certified since the previous issue of this newsletter. User Rights (Germany) and Adroit (Malta) are now joined by the Online Platform Dispute Resolution Council (Hungary) and Appeals Centre Europe (Ireland). Appeals Centre’s certification drew particular attention because it was founded and funded by the Oversight Board Trust, that is, the trust established by Meta to oversee the Oversight Board, the body that acts as an appeals court for content decisions made by Meta’s platforms. In the case of the Appeals Center, it will handle complaints related to the Facebook, YouTube, and TikTok platforms. This article from TechPolicyPress highlights some of the criticisms raised regarding its certification. CELE’s Contribution to the European Commission’s Consultation on the Protection of Minors Online As we mentioned in the previous edition of this newsletter, the European Commission launched a call for evidence to help develop guidelines ensuring the protection of minors online, in accordance with Article 28 of the DSA. You can find CELE’s submission at this link. Opportunities for Participation The European Commission launched a public consultation on the draft delegated regulation regarding access to data from online platforms for verified researchers under Article 40 of the Digital Services Act (DSA). The deadline for participation is November 26, 2024. What are we reading? User Rights, one of the first entities certified under Article 21 of the DSA, established the Article 21 Academic Advisory Board to develop common standards that can benefit other organizations of this nature and inform the work of academia and civil society. In this post, its Director and some of its members discuss some of the challenges posed by the practical implementation of the DSA. A number of academics and organizations issued a document with recommendations to the European Commission regarding the implementation of data access for researchers as provided for in Article 40 of the DSA. In addition, Anna Liesenfeld (University of Freiburg) wrote this paper on the role of data access and knowledge production in the DSA’s risk mitigation system. Iva Nenadić, (Center for Media Pluralism and Media Freedom) wrote here about the interrelationship between the DSA and the European Media Freedom Act. Thank you once again for reading “News Across the Sea,” the CELE newsletter that brings you everything you need to know about the DSA. See you next time!