Month: August 2023

Google, Facebook, TikTok and other Big Tech companies operating in Europe must comply with one of the most far-reaching efforts to clean up what people see online.

The European Union’s groundbreaking new digital rules took effect Friday for the biggest platforms. The Digital Services Act is part of a suite of tech-focused regulations crafted by the 27-nation bloc, long a global leader in cracking down on tech giants.

The DSA is designed to keep users safe online and stop the spread of harmful content that’s either illegal or violates a platform’s terms of service, such as promotion of genocide or anorexia. It also looks to protect Europeans’ fundamental rights like privacy and free speech.

Some online platforms, which could face billions in fines if they don’t comply, already have made changes.

Here’s a look at what has changed:

Which platforms are affected? 

So far, 19. They include eight social media platforms: Facebook; TikTok; X, formerly known as Twitter; YouTube; Instagram; LinkedIn; Pinterest; and Snapchat.

There are five online marketplaces: Amazon, Booking.com, China’s Alibaba and AliExpress, and Germany’s Zalando.

Mobile app stores Google Play and Apple’s App Store are subject to the new rules, as are Google’s Search and Microsoft’s Bing search engines.

Google Maps and Wikipedia round out the list. 

What about other online companies?

The EU’s list is based on numbers submitted by the platforms. Those with 45 million or more users — or 10% of the EU’s population — face the DSA’s highest level of regulation. 

Brussels insiders, however, have pointed to some notable omissions, like eBay, Airbnb, Netflix and even PornHub. The list isn’t definitive, and it’s possible other platforms may be added later. 

Any business providing digital services to Europeans will eventually have to comply with the DSA. They will face fewer obligations than the biggest platforms, however, and have another six months before they must fall in line.

What’s changing?

Platforms have rolled out new ways for European users to flag illegal online content and dodgy products, which companies will be obligated to take down quickly. 

The DSA “will have a significant impact on the experiences Europeans have when they open their phones or fire up their laptops,” Nick Clegg, Meta’s president for global affairs, said in a blog post. 

Facebook’s and Instagram’s existing tools to report content will be easier to access. Amazon opened a new channel for reporting suspect goods. 

TikTok gave users an extra option for flagging videos, such as for hate speech and harassment, or frauds and scams, which will be reviewed by an additional team of experts, according to the app from Chinese parent company ByteDance. 

Google is offering more “visibility” into content moderation decisions and different ways for users to contact the company. It didn’t offer specifics. Under the DSA, Google and other platforms have to provide more information behind why posts are taken down. 

Facebook, Instagram, TikTok and Snapchat also are giving people the option to turn off automated systems that recommend videos and posts based on their profiles. Such systems have been blamed for leading social media users to increasingly extreme posts. 

The DSA also prohibits targeting vulnerable categories of people, including children, with ads. Platforms like Snapchat and TikTok will stop allowing teen users to be targeted by ads based on their online activities. 

Google will provide more information about targeted ads shown to people in the EU and give researchers more access to data on how its products work. 

Is there pushback?

Zalando, a German online fashion retailer, has filed a legal challenge over its inclusion on the DSA’s list of the largest online platforms, arguing it’s being treated unfairly. 

Nevertheless, Zalando is launching content-flagging systems for its website, even though there’s little risk of illegal material showing up among its highly curated collection of clothes, bags and shoes. 

Amazon has filed a similar case with a top EU court.

What if companies don’t follow the rules?

Officials have warned tech companies that violations could bring fines worth up to 6% of their global revenue — which could amount to billions — or even a ban from the EU. 

“The real test begins now,” said European Commissioner Thierry Breton, who oversees digital policy. He vowed to “thoroughly enforce the DSA and fully use our new powers to investigate and sanction platforms where warranted.” 

But don’t expect penalties to come right away for individual breaches, such as failing to take down a specific video promoting hate speech. 

Instead, the DSA is more about whether tech companies have the right processes in place to reduce the harm that their algorithm-based recommendation systems can inflict on users. Essentially, they’ll have to let the European Commission, the EU’s executive arm and top digital enforcer, look under the hood to see how their algorithms work. 

EU officials “are concerned with user behavior on the one hand, like bullying and spreading illegal content, but they’re also concerned about the way that platforms work and how they contribute to the negative effects,” said Sally Broughton Micova, an associate professor at the University of East Anglia. 

That includes looking at how the platforms work with digital advertising systems, which could be used to profile users for harmful material like disinformation, or how their livestreaming systems function, which could be used to instantly spread terrorist content, said Broughton Micova, who’s also academic co-director at the Centre on Regulation in Europe, a Brussels think tank. 

Big platforms have to identify and assess potential systemic risks and whether they’re doing enough to reduce them. These assessments are due by the end of August and then they will be independently audited. 

The audits are expected to be the main tool to verify compliance — though the EU’s plan has faced criticism for lacking details that leave it unclear how the process will work. 

What about the rest of the world? 

Europe’s changes could have global impact. Wikipedia is tweaking some policies and modifying its terms of use to provide more information on “problematic users and content.” Those alterations won’t be limited to Europe and “will be implemented globally,” said the nonprofit Wikimedia Foundation, which hosts the community-powered encyclopedia. 

Snapchat said its new reporting and appeal process for flagging illegal content or accounts that break its rules will be rolled out first in the EU and then globally in the coming months. 

It’s going to be hard for tech companies to limit DSA-related changes, said Broughton Micova, adding that digital ad networks aren’t isolated to Europe and that social media influencers can have global reach.
…

With White House funding to help get more electric cars on the road, some states are creating local rules to get top technologies into their charging stations. Deana Mitchell has the story.
…

The U.S. Justice Department is suing Elon Musk’s SpaceX for refusing to hire refugees and asylum-seekers at the rocket company.

In a lawsuit filed on Thursday, the Justice Department said SpaceX routinely discriminated against these job applicants between 2018 and 2022, in violation of U.S. immigration laws.

The lawsuit says that Musk and other SpaceX officials falsely claimed the company was allowed to hire only U.S. citizens and permanent residents due to export control laws that regulate the transfer of sensitive technology.

“U.S. law requires at least a green card to be hired at SpaceX, as rockets are advanced weapons technology,” Musk wrote in a June 16, 2020, tweet cited in the lawsuit.

In fact, U.S. export control laws impose no such restrictions, according to the Justice Department.

Those laws limit the transfer of sensitive technology to foreign entities, but they do not prevent high-tech companies such as SpaceX from hiring job applicants who have been granted refugee or asylum status in the U.S. (Foreign nationals, however, need a special permit.)

“Under these laws, companies like SpaceX can hire asylees and refugees for the same positions they would hire U.S. citizens and lawful permanent residents,” the Department said in a statement. “And once hired, asylees and refugees can access export-controlled information and materials without additional government approval, just like U.S. citizens and lawful permanent residents.”

The company did not respond to a VOA request for comment on the lawsuit and whether it had changed its hiring policy.

Recruiters discouraged refugees, say investigators

The Justice Department’s civil rights division launched an investigation into SpaceX in 2020 after learning about the company’s alleged discriminatory hiring practices.

The inquiry discovered that SpaceX “failed to fairly consider or hire asylees and refugees because of their citizenship status and imposed what amounted to a ban on their hire regardless of their qualification, in violation of federal law,” Assistant Attorney General Kristen Clarke said in a statement.

“Our investigation also found that SpaceX recruiters and high-level officials took actions that actively discouraged asylees and refugees from seeking work opportunities at the company,” Clarke said.

According to data SpaceX provided to the Justice Department, out of more than 10,000 hires between September 2018 and May 2022, SpaceX hired only one person described as an asylee on his application.

The company hired the applicant about four months after the Justice Department notified it about its investigation, according to the lawsuit.

No refugees were hired during this period.

“Put differently, SpaceX’s own hiring records show that SpaceX repeatedly rejected applicants who identified as asylees or refugees because it believed that they were ineligible to be hired due to” export regulations, the lawsuit says.

On one occasion, a recruiter turned down an asylee “who had more than nine years of relevant engineering experience and had graduated from Georgia Tech University,” the lawsuit says.

Suit seeks penalties, change

SpaceX, based in Hawthorne, California, designs, manufactures and launches advanced rockets and spacecraft.

The Justice Department’s lawsuit asks an administrative judge to order SpaceX to “cease and desist” its alleged hiring practices and seeks civil penalties and policy changes.
…