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Commission opens formal proceedings against X under the Digital Services Act

ec.europa.eu

61–70 of 141 posts

Re: Commission opens formal proceedings against X under the Digital Services Act

#61

Earlier quoted context omitted.

If they are operating in the EU, it doesn't matter if it is an american company or not.

Sure, but can this joke itself be illegal? What law forbids a joke like this? It's not calling for violence, it's not denying the holocaust (just the opposite), it's just.. well.. a joke.

It’s absolutely inciting violence, just using coded language.

Re: Commission opens formal proceedings against X under the Digital Services Act

#62
post #41

Earlier quoted context omitted.

I think the timing is _probably_ coincidental, more down to a bunch of different things happening in European law currently than anything else. The Threads delay seems to be down to Digital Markets Act compliance tweaks (the DMA entered into force earlier this year); this is under the Digital Services Act, which enters into force in two weeks. > These are the first formal proceedings launched by the Commission to enf…

Commissioner Breton sent a stark warning to Musk, that was arrogantly brushed off in typical Musk fashion. Musk is now going to be schooled in very expensive fashion as to how being a billionaire does not make you above the laws, in Europe at least, and this is probably why the proceedings were launched, although in all likelihood the EC does not have all its ducks in a row in terms of organization, staffing and proc…

Which law(s) did they break?

Re: Commission opens formal proceedings against X under the Digital Services Act

#63

Earlier quoted context omitted.

Not sure what the issue is? European countries not being allowed to have their own culture around speech (which rolls up into the EU to some extent)?

I don't think it's the job of EU government to manipulate the algorithms to suit their values. Their job is the opposite of that; to ensure that the algorithms operate with as little manipulation as possible so that every individual has equal voice/reach on these platforms (at least equal on a per-follower basis) with as little manipulation as possible. As someone who didn't have much prejudice about the current Isra…

The EU as well as nation states have laws to uphold and policy/social objectives that might require that. The way to change that is to change laws, customs, and objectives. You are welcome to push down that route, of course.

Re: Commission opens formal proceedings against X under the Digital Services Act

#64

Earlier quoted context omitted.

There is no absolute right of free speech in the EU (and probably most countries); foreign companies operating there are subject to local laws when doing so. (In my non-EU country that tweet could be interpreted as a hate crime too, quite uncontroversially)

Sure, but is this joke actually illegal?

I'm not as familiar with EU laws, but if I posted this joke online in the UK, then yes, it could easily be considered "grossly offensive" and therefore would be illegal.

I won't say it happens particularly often, but we do charge people in the UK for posting offensive jokes. Hell, you can be charged for saying something factually true if it's offensive in the UK.

Re: Commission opens formal proceedings against X under the Digital Services Act

#65
post #59
post #26

Earlier quoted context omitted.

"Europe 2.0" aka "the usa" has a better free speech implementation than "Europe 1.0". So yes different as in bad.

The European free speech legal infrastructure dates from the ECHR in 1950, and was somewhat imposed by the Allies after the war. As well as a lot of people who wanted to avoid having populist incitement to genocide again.

The limits on free speech in European countries are also much older in parts. The history in Europe on that topic is just very different from the US, I'd say.

Re: Commission opens formal proceedings against X under the Digital Services Act

#66

So what's the betting that X will be unavailable in Europe by end of day?

I will take the counter bet, and even go as far as saying X will remain available in EU for the next month at least.

Oh, this procedure will be running for years. Expect a few rounds of "we're not complying / we are complying / oh no you're not" as well, each of which taking over a year.

Re: Commission opens formal proceedings against X under the Digital Services Act

#67
post #35

Earlier quoted context omitted.

I think the timing is _probably_ coincidental, more down to a bunch of different things happening in European law currently than anything else. The Threads delay seems to be down to Digital Markets Act compliance tweaks (the DMA entered into force earlier this year); this is under the Digital Services Act, which enters into force in two weeks. > These are the first formal proceedings launched by the Commission to enf…

> A mere 3 years! This is, in fairness, quite proactive by EC standards. Isn't that just because EU rules have quite long transition periods to give companies time to comply with the new rules? GDPR had a two-year transition period before enforcement, and even then there was tons of complaints towards the end of the two-year period on how there just wasn't enough time to comply.

Well, there are many things that make the EC have a reputation of being slow.

One thing is just the transition periods you mention, then there is the delays caused by the need to have legislation at the EU levels turned into actual national legislation to be implemented.

Then there is the whole trialogue thing where, after first approving a draft law, the EP and the EC have to hold further negotiations on a common text while supervised by the Council, which tended to happen behind closed doors so the experience is that the contentious law that was just approved is quietly sucked into a black hole and then you might hear of it being passed only many many months later.

Finally, we also have instances like with the Chapter 7 investigations against Orban where the commission knows the council is likely to block any conclusions so there's no point in rapidly pushing ahead.

Re: Commission opens formal proceedings against X under the Digital Services Act

#68
Disappointing that the vast majority of top levels here are describing the EU as some sort of totalitarian police state. It does respect rights. Do the people in the USA think that every country should let its citizens act like uneducated armed griefers?

Re: Commission opens formal proceedings against X under the Digital Services Act

#69

Liberalism was meant to end this kind of EU censorship. Parliaments were supposed to be the place where diverse and illiberal speech was dissolved into a new liberal language, not through brain dead regulation and technocratism. If Meta properties are the example of what to expect from the future locked-down internet, prepare for the internet and much more to wither on the vine and die a slow and sad death.

> If Meta properties are the example of what to expect

Then you see why governments end up regulating them. Not because "liberalism was meant to do something magical"

Re: Commission opens formal proceedings against X under the Digital Services Act

#70

Interesting that it is timed with the recent launch of Threads in EU. Will definitely establish a compliance benchmark for X. But the big problem for X is that Musk burned so many bridges with fired employees that the list of whistleblowers for any issues will be endless.

I think the timing is _probably_ coincidental, more down to a bunch of different things happening in European law currently than anything else. The Threads delay seems to be down to Digital Markets Act compliance tweaks (the DMA entered into force earlier this year); this is under the Digital Services Act, which enters into force in two weeks. > These are the first formal proceedings launched by the Commission to enf…

And about time. The EU (and the US even more so) has been pretty ignorant about the way hostile anti-democratic regimes wage war against free and democratic societies.

For dictatorships a misinformation campaign is both way more effective and cheaper than a single Mig fighter jet. This asymmetric war was already a big problem, but the oligarch Musk might have been too loud a siren for the sleepy lawmakers that believed that democracies will survive no matter how much you are killing its base.

- yes, there are all kind of problems people are rightly upset about.

- yes, politicians have traded trust for political results.

- yes, the US/EU has also failed by opting for "Real Politik" instead of values.

- no, a whattabouttism doesn´t help our societies. Instead, fight to preserve and improve what we inherited.

- no, helping to fuel distrust undercuts the fabric of our societies.

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