Free Knowledge Advocacy Group EU

DMA in IMCO: Shadows present ideas, Rapporteur shows a compromise

by Anna Mazgal
October 6, 2021

Doctors or medical students listening to their heartbeats using a multiple stethoscope by Wellcome Collection under CC BY

Shortly before the summer recess, MEPs at the Internal Market and Consumer Protection Committee concocted close to 1200 amendments to the Digital Markets Act, a proposal construing the category of a gatekeeper and a set of obligations for internet services that qualify as one. Let’s take a look at what the Shadow Rapporteurs, the most important people in the process, proposed and how Rapporteur Andreas Schwab tackled their proposals to date if it comes to expanding users’ choice and autonomy over their data through the DMA.

Who’s talking?

As customary in committee work, each political group designated a representative to debate the DMA report. With Adreas Schwab (EPP, DE) at the helm, the Shadow Rapporteurs are: Evelyne Gebhardt (S&D, DE); Andrus Ansip (RE, EE); Virginie Joron (ID, FR), Martin Schirdewan (GUE, DE), Marcel Kolaja (Greens, CZ), and Adam Bielan (ECR, PL). Each of them, either individually or with colleagues, filed amendments to the DMA.

Contributions span from reinforcing the autonomy of users, through supporting businesses making use of platforms’ intermediation, to supporting platforms themselves. There is no surprise in the fact that the more left of the political spectrum we look, the more important users’ rights are. Having said that, almost each Rapporteur has an interesting proposal on how to make our life on the platforms easier.

Who is in the scope?

With the exception of ECR’s Adam Bielan, all Shadows want to expand the scope of services that could become gatekeepers. Voice assistants, for which the market is highly concentrated, are on everyone’s list, except Kolaja’s. The Green’s Shadow wants to add connected TV and embedded digital services in vehicles, which include those enabling access to audio-visual content. MEPs Gebhardt and Schirdewan expand on the audio-visual, adding services providing audio and video on demand and streaming services respectively.

by Dimi Dimitrov
September 27, 2021September 27, 2021

Graffiti in Vitoria-Gasteiz, Zarateman, Creative Commons Zero, Public Domain Dedication

There is an idea to use a “section recommendation” feature to help editors write articles by suggesting possible sections to be added. But it is possible that its recommendations inadvertently increase gender bias. Here’s how we could deal with it.

by Dimi Dimitrov
September 15, 2021September 15, 2021

Al-Jazari's programmable automata (1206 CE): Realistic humanoid automata were built by craftsman from many civilizations and were believed to be capable of wisdom and emotion. [Public Domain, via Wikimedia Commons]

There is a machine learning service available to interested Wikimedia projects and communities called ORES. It aims to recognise if an edit, for instance on Wikipedia, is damaging or done in good faith. Of course, false predictions cannot be avoided and thus remain a major risk. Here’s how we try to handle it.

by Dimi Dimitrov
August 26, 2021August 27, 2021

Jan Davidszoon de Heem: "Vanitas - Still Life with Books and Manuscripts and a Skull", public domain

Just before the summer recess, the European Parliament’s Internal Market and Consumer Protection committee released over 1300 pages of amendments to the EU’s foremost content moderation law. It took the summer to delve into the suggestions and are ready to kick off the new Parliamentary season by sharing some thoughts on them. Our main focus remains on how responsible communities can continue to be in control of online projects like Wikipedia, Wikimedia Commons and Wikidata.

1. The Greens/EFA on “manifestly illegal content”

AM 691 by Alexandra Geese on behalf of the Greens/EFA Group
Article 2 – paragraph 1 – point g a (new)
‘manifestly illegal content’ means any information which has been subject of a specific ruling by a court or administrative authority of a Member State or where it is evident to a layperson, without any substantive analysis, that the content is in not in compliance with Union law or the law of a Member State;

Almost any content moderation system will require editors or service providers to assess content and make ad-hoc decisions on whether something is illegal and therefore needs to be removed or not. Of course, things aren’t always black-and-white and sometimes it takes a while to make the right decision, like with leaked images of Putin’s Palace. Other times it is immediately clear that something is an infringement, like a verbatim copy of a hit song, for instance. In order to recognise these differences the DSA rightfully uses the term “manifestly illegal”, but if fails to actually give a definition thereof. We agree with Alexandra Geese and the Greens/EFA Group that the wording of Recital 47 should make it into the definitions.

by Anna Mazgal
July 20, 2021July 20, 2021

Nautical Compass in Aalborg Maritime Museum in Denmark by Tomasz Sienicki under CC BY 2.5

As abstract as they may seem, we shouldn’t underestimate the power of grand narratives in policy making. They help people make the meaning of events that otherwise seem as random as the weather and assess how effectively actions respond to objectives that the narrative sets. It therefore makes a lot of sense that the European Commision comes up with a plan for a Declaration of Digital Principles accompanied by a “Digital Compass”. But why only now? And why such a scope? And is all this enough to give the EU citizens a greater meaning of the role that the EU may have in shaping their online experiences?

“The failure of imagination”

The European Commission from time to time takes seriously the need to create a grand narrative to help communicate its policy goals – and then underdelivers in practice. It is visible in the notion of “promoting our European way of life”, a framing that made its way into the official list of priorities of the Commission in the current legislative term. Not only is it a disappointing nod to the right-wing rhetoric of “Europe under siege”, but it also hardly means anything as we Europeans are rather beautifully different in how we choose to shape our ways of life. In fact In varietate concordia (Latin for United in diversity), the official motto of the EU fits us much better.

Another example is the Digital Single Market framework (DSM), which seems to make sense as to its core objective – removing online barriers in access to goods and services across the European Union. The problem is that the market does not exist in separation from the people, their needs, aspirations, and structural barriers they encounter in access to public and private services, in creating non-monetary value for themselves and for others, and finally in reaching out one another in a way that nurtures public debate and European cohesion.

by Justus Dreyling
July 16, 2021July 16, 2021

Fussball-Weltmeisterschaft 1954 (Com M03-0108-005-0001), by ETH-Bibliothek Zürich, Bildarchiv / Photographer: Comet Photo AG (Zürich), under CC BY-SA 4.0

The fight over the Directive on Copyright in the Digital Single Market has shown that European copyright rules affect the operation of Wikipedia and other free knowledge projects. Global rules are equally important. Negotiations take place in Geneva, at the World Intellectual Property Organization (WIPO). Wikimedia Deutschland and the Free Knowledge Advocacy Group are committed to increasing transparency around WIPO negotiations on international copyright law, and shaping WIPO-level policy outcomes, especially facing the pressure by rightsholders’ to expand the scope of copyright protections. This is the second installment of a series on Wikimedia’s involvement at WIPO (part I).

An imbalanced debate

The public debate on copyright has been heavily skewed in favor of rightsholders’ concerns since the very beginning. Veterans will remember the early days where discussions centered on illicit file sharing and digital protection measures. Over the last couple of years, this has culminated in the mandating of upload filters via the Digital Single Market Directive’s infamous article 17. Advocates of users’ rights have always stressed that international rules need not just to protect rightsholders’ interests, but also the public domain and fundamental rights, including the right to education.

by Dimi Dimitrov
July 6, 2021July 6, 2021

Manuel de la bibliothèque publique, in public domain

The European Commission wants more European data (public, private and personal) to be shared for the purposes of innovation, research and business. It also wants to avoid a system where only a few large platforms control all the data. It thus wants to create mechanisms and tools to get there. That’s commendable! What the Commission proposes in the Data Governance Act (DGA), though, is at times very unclear.

Here is a breakdown of the European Commission proposals by sector, peppered with our take on some relevant aspects and support for some European Parliament and Council amendments.

Public Sector Data

DGA creates a mechanism for re-using protected public sector data (e.g. because of privacy rules, statistical confidentiality or IP) . Public sector bodies are to establish secure environments where data can be mined within the institution. Anonymised data could be provided through outside of the institution, if the re-use can’t happen within its infrastructure.

by Anna Mazgal
July 1, 2021July 1, 2021

We’ve seen the draft report on the Digital Markets Act from the leading Committee, and we are not impressed. Rapporteur Andreas Schwab imagines the DMA as a tool to take swift action against the biggest players in online markets. But the key issues that could help consumers, about whom the Committee for Internal Market and Consumer Protection should be most concerned, remain unresolved.

The usual suspects

The German Christian-Democrat MEP’s vision of the DMA targets the biggest platforms, by raising quantitative thresholds of how rich and popular one has to be to qualify as a gatekeeper. A quick check of whose annual EEA turnover is €10 billion in the last three financial years or market capitalisation is at least €100 billion in the last financial year, and which services have over 45 million monthly users, reveals that Schwab is targeting the GAFAM (Google, Apple, Facebook Amazon, Microsoft).

The rumour in town is that platforms such as booking.com don’t want to be bound by the same regulatory measures as the giants that are bigger and wealthier by an order of magnitude, and… that originate from the US. This could be considered beneficial, if one views only the five to be the source of most online evils. Except that it is not entirely future-proof if a new core service emerges and does a lot of damage before they actually reach the high financial thresholds. Not to mention that such an approach further entrenches the online ecosystem in which online intermediation is practically divided among the five companies.

by Naphsica Papanicolaou
June 23, 2021June 23, 2021

Remember when we learned that Wikipedia was a target of widespread NSA surveillance? Wikimedia Foundation challenged the NSA program siphoning communications directly from the backbone of the Internet in the court. Today in France we may face a similar issue in the form of a new antiterrorist law that would add a grave threat to privacy to the censorship of the Terrorist Content Regulation.

Protecting Wikipedia from mass surveillance

In May 2013 Edward Snowden revealed the existence of several American and British mass surveillance programs. The Wikimedia Foundation and other non-governmental organizations such as Amnesty International and Human Rights Watch have filed a complaint against the NSA, accusing it of violating the first and fourth amendment of the American Constitution, and of having “exceeded the authority conferred on it by Congress”.

As a result, on June 12^th 2015, the Wikimedia Foundation announced the use of the HTTPS communication protocol for all Wikimedia traffic, with a view to countering the mass surveillance exercised by the NSA, which took advantage in particular of the inadequacies of the non-encrypted communication protocol.

Now, over to France

The new proposed French anti-terrorism bill fits well in the mass surveillance trend, attacking fundamental rights of online users. Presented by the Minister of the Interior, Gérald Darmanin, on April 28, it proposes a number of security measures inherited from the state of emergency of 2015 and the law of 2017 on internal security and the fight against terrorism. It also validates tools such as “black boxes”, responsible for detecting terrorist threats using user connection data, while expanding their use.

by EU Policy Team
June 16, 2021June 16, 2021

Advocating for a better internet for all, we wouldn’t go far without our partners and collaborators. COMMUNIA International Association On the Digital Public Domain, where we are a member, is celebrating its 10^th anniversary this week.

Distinct profile, great results

In the digital rights bubble COMMUNIA is unique: its focus on digital public domain stems not from it running projects based on the use of these resources but because public domain – like any public good – requires preservation and protection. One could say that copyright is only a short break in the continuum of human creative heritage. However, with the creative industry’s insatiable appetite to expand and extend copyright (we are looking at you, Disney) there is a need for a targeted effort to keep public domain accessible to everyone.

These issues may seem abstract, but when we think of such classics as Anne Frank Diary and the absurdities of its release into public domain, we can see how important this work is. If that doesn’t convince you, think of The Little Prince by Antoine de Saint-Exupéry– the story of extending the French copyright for works by authors that died during World War II is still one of the most read COMMUNIA articles.

Benh LIEU SONG (Flickr), CC BY-SA 4.0, via Wikimedia Commons

Sergey Pesterev / Wikimedia Commons

Charles J. Sharp, CC BY-SA 4.0, via Wikimedia Commons

Markus Trienke, CC BY-SA 2.0, via Wikimedia Commons

Stefan Krause, Germany, FAL, via Wikimedia Commons

JohnDarrochNZ, CC BY-SA 4.0, via Wikimedia Commons

Michael S Adler, CC BY-SA 4.0, via Wikimedia Commons

NASA Goddard Space Flight Center from Greenbelt, MD, USA, Public domain, via Wikimedia Commons