Facebook, Twitter, Google, TikTok and other social media platforms recently agreed to impose stricter policies around checking the posts on their sites† Although the move came amid increasing pressure on the businesses from US citizens and lawmakers concerned about the effects of misinformation and the sites’ collection and sale of their personal information, the differentiating push likely came from the impending rollout. of the European Union Digital Services Act.
This accompanying policy to the EUs General Data Protection Regulation — which is responsible for websites that continually ask about cookies and data collection preferences, since its implementation in 2018 — would, among other mandates, hold companies responsible for illegal content — including intentionally false information — posted on their sites.
As the full scope of the regulation goes into effect this fall, US users are likely to notice some changes to the websites they use and the social media platforms they post to. To help explain the goals of the DSA and how European policies are likely to affect US users, the Newsblog spoke to: Jordan Fischer, JDdirector of the Center for Law and Transformation Technology at the Kline School of Lawwhose research focuses on data privacy and cybersecurity law.
How does the Digital Services Act fit into the EU’s set of technical legislation in general, alongside the 2016 General Data Protection Regulation and the recently passed Digital Market Act?
The GDPR, the ePrivacy Directive, the Digital Market Act and the Digital Services Act are all laws used to rethink the internet and how users are protected when they are online. Some laws have a clear privacy component, such as the GDPR. Some are more economic in nature, such as the Digital Markets Act. The Digital Services Act really looks at harmful behavior online. While there may be a privacy or economic component to that harmful behavior, it may fall outside those laws. The Digital Services Act thus fills a potential gap to protect users.
What aspects of the EU’s legal and legislative systems have enabled it to become a leader in regulating technology companies in recent years?
For decades, the EU has recognized certain privacy and consumer rights that provide a strong basis for its legislation in this area. Furthermore, while the US tends to take a more market-oriented approach, where users can use their purchasing power to encourage companies to take protective measures, the EU has a strong background of consumer protection measures.
What routes could the US take as it considers similar regulations for tech companies? What kind of framework or precedent could be used as the basis for these laws?
In the US, considerations around technology and its users may take a more economic approach to its laws. That’s partly because many of the big tech companies today are based in the US. In addition, the US has historically used the market to discourage certain corporate actions.
Has the EU been able to successfully enforce the GDPR since its inception in 2018? How did its creation affect tech platforms and their users in the US?
Success is a very abstract concept. With the GDPR, the EU has been extremely successful in creating an international conversation about technology, privacy and the risks associated with the increasing use of technology. Its enforcement is starting to become more prominent and will likely only have more impact in the coming years as key decisions are made. There are still areas for improvement, but that would be the case with any law that comes into effect.
How are US users likely to be affected by the DSA? Do you see anything different in the enforcement mechanism compared to the GDPR?
US users are likely to benefit from the DSA, as many companies may decide to apply the protection to all users, not just users in the EU. Furthermore, it will continue to stimulate discussion around the safe and ethical creation of online technologies, which will benefit all users of a platform.
Media interested in speaking with Fischer can contact senior news manager Emily Storz at: [email protected] or 215,895,2705.