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Wikipedia and the Digital Services Act: Lessons on the strength of community and the future of internet regulation

adapted illustration by Jasmina El Bouamraoui and Karabo Poppy Moletsane for Wikipedia 20, CC0, via Wikimedia Commons

Written by Jacob Rogers, Associate General Counsel at the Wikimedia Foundation. Here, you may find the link to the original interview.

We share some considerations about the application of the recently adopted Digital Services Act (DSA), which lays down a new set of rules for online platforms. Under these new rules, Wikipedia has been designated as a VLOP and therefore bears some specific obligations. After one year of formal application, a first preliminary evaluation can be done. In this sense, the interview highlights Wikipedia’s specific characteristics, analyses the compliance burdens for the Wikimedia Foundation and offers some guidance for the future in order to preserve the Wikimedia model.

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A Joint Statement on the Use of Surveillance Spyware in the EU and Beyond

Gobierno Espía Ojo, Gibrán Aquino, CC BY-SA 4.0, via Wikimedia Commons

We took stance against the use of spyware in the EU and beyond. This pervasive technology poses significant threat to European fundamental values, such as democracy and rule of law, and risks severely infringing fundamental rights to privacy and data protection as well as freedom of expression. Alongside with other civil society and journalists’ organisations we called on the new EU Institutions and Member States to take swift action and ban the use of such a technology. We need to protect citizens, including Wikimedians, and their fundamental rights from undue interference and arbitrary behaviours. Here below you can read the statement with the specific calls for action.

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Wikimedia Foundation defeats gambling magnate’s lawsuit in Germany

Aerial image of Justizpalast in Munich, by Carsten Steger, CC BY-SA 4.0, via Wikimedia Commons

Written by Phil Bradley-Schmieg and Jacob Rogers.

The Munich Regional Court acknowledged that the contested Wikipedia article (Tipico) contained relevant public information and was correctly sourced. This is very good news also for Wikimedia Europe, which closely followed the adoption of the anti-SLAPP Directive and will advocate for its ambitious and effective transposition in the different Member States.

Read More »Wikimedia Foundation defeats gambling magnate’s lawsuit in Germany

Cyber resilience Act – it’s a wrap!

IoT Drawing, Author: Wilgengebroed, Source: Flickr, Licnese: Creative Commons Attribution 2.0 (https://creativecommons.org/licenses/by/2.0/deed.en)

We finally have a deal on the Cyber Resilience Act.

It is a EU regulation thought up to make internet-connected products safer. With other words, it tackles the IT security and software maintenance of your smart toaster and AI-powered fridge. The tool originally chosen is to create obligations to manufacturers and/or vendors. We were involved in these negotiations because the newly proposed obligations could have seriously messed up the free & open software ecosystem. 

Perhaps not intended, but the initial proposal and some of the interim versions didn’t clearly protect free software and would have risked that individual, volunteer contributors of code to free software projects are liable and have to comply with the same stringent obligations as large companies. 

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Protecting youth online: Wikimedia Foundation publishes its first Child Rights Impact Assessment

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Computer Lab, Author: Denise Krebs, License: Creative Commons Attribution 2.0 (https://creativecommons.org/licenses/by/2.0/)

Originally posted on 17 January 2024 by Richard Gaines on Diff.

The Wikimedia Foundation has published an independent assessment to understand the impacts, risks, and opportunities posed to children who access and participate in Wikimedia projects.

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Geo-Blocking & Audiovisual Content: Why we need to achieve a truly connected digital single market

An image depicting a Netflix account being blocked due to Geo Restrictions. Image by mikemacmarketing, CC BY 2.0 <https://creativecommons.org/licenses/by/2.0>, via Wikimedia Commons

The European Parliament’s resolution offers the opportunity to clarify Wikimedia Europe’s position on the practice of geo-blocking and its impact on Wikipedia and its sister projects.


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Eight requirements: Making digital policy serve the public interest

What do the European AI Act, the European Commission’s Data Strategy, the proposed US Digital Platform Commission Act and the German Digital Strategy have in common? They all name the public interest as a key objective. For good reasons, it is increasingly en vogue for digital policy to be designed as to foster the common good and serve the public interest. But what should public-interest digital policy look like? Wikimedia Deutschland has developed eight requirements against which digital policy projects must be measured if they are to serve the public interest. Transparency and effective participation are needed. Fundamental rights must be protected and damage to the community must be prevented. Digital policy should mitigate inequality, its outcomes must be open and accessible, and it must be collaboratively managed and renewed.

Net Neutrality & the Fair Share Debate 

Structure of the Internet Diagram by User:Bwenk, License: Creative Commons Attribution-Share Alike 4.0

A debate focused on “big tech” & “big telco”

Thierry Breton, the European Commissioner for the Internal Market wants major online platforms to contribute to the cost of telecommunications infrastructure. The distribution of wealth and added value, especially when talking about dominant and gatekeeping companies, is a fair debate that Europe clearly needs to have. However this debate makes a very unfair omission: It focuses only on “Big Tech” and “Big Telco”, while forgetting about the commons, alternative competitors, online communities and rural communes.

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Debate: AI and the Commons – solutions to be found only beyond licences

Robot face by Ralf Steinberger under CC BY 2.0

While we surely must not shy away from looking at what develops with and around Open Content and for solutions of harmful effects we must seek beyond the licensing level. We shouldn’t try to leverage copyright as a prohibitive means unless we are willing to sacrifice the idea of the Open Content altogether.

Read the introduction to the debate

Read Anna Mazgal’s take on the issue

New technologies mean new dark sides

The breathtaking potential of automated systems includes a breathtaking danger of abuse. One might argue, however, that facial recognition is not actually an application of artificial intelligence technology, but a rather sophisticated method of pattern recognition combined with an instance of deep learning mechanisms. We should widen the scope to the digital content used for enhancing autonomous systems or automation in general – the term Automated Decision-Making, ADM, comes to mind. 

Nobody interested in digital technology, the internet, and fundamental rights should disengage from the debate around such systems and how to regulate them. At the same time we have to be quite precise about the types of content we are talking about. It’s not only because the property of being open (in the meaning of the open definition and the definition of Free Cultural Works) is key here. Also because the possible means for regulation differ according to the content in question.

Read More »Debate: AI and the Commons – solutions to be found only beyond licences