Hi all, it's Natalia in Brussels. Europe's leaders have beengathered here since Sunday evening as they decide who will sit on the Iron Throne at the European Commission (the bloc's executive body) and occupy other top EU jobs.
At present, it looks unlikely liberal Margrethe Vestager, the European Union's antitrust chief who is "suing all our companies" (according to Donald Trump), will end up in the top job.
But still, Silicon Valley executives should keep a close eye on what happens here, as whoever ends up taking over the commission in October will have a primary say in how EU tech policy advances over the next few years. As the U.S. catches up to Europe on tech regulation, it looks unlikely the GAFAs will get any reprieve.
Perhaps most significant is the review of the liability regime in the EU's so-called e-commerce directive – a move that would likely stir up controversy.
Described by one tech representative as the "DNA of the internet ecosystem," the EU legislation as currently written exempts tech platforms of any liability for what users post on their sites unless illegal content has been flagged to them. Similar to Section 230 in the U.S., the rules were drafted almost 20 years ago in an effort to encourage tech firms to grow and innovate.
But those protections could soon be a relic of the past amid concern about the spread of disinformation, hate speech, and other violent content. Tech representatives worry that axing the provision could potentially force platforms to screen and censor what users post.
There are some benefits to revising the legislation. Even tech representatives say the way the legislation is currently written gives platforms an incentive to remain ignorant about what's happening on their sites. They argue if it were rewritten in a way that would allow companies to take proactive measures but wouldn't be punished for what they know, that might deal with problematic content more quickly and efficiently.
The EU has already pressured tech firms to take up more liability in specific areas, including copyright and terror content, and could follow with measures to fight disinformation.
"Verifying the truth of online posts, and correctly identifying issue-based political ads, are two problematic areas we think will continue to vex platforms," says Bloomberg Intelligence analyst Tamlin Basin. "The worst-case scenario is that a failure to curb disinformation will prompt regulators to make platforms legally responsible for some content from third parties."
The EU is currently reviewing the platforms' efforts and could decide by the end of the year or early next year whether concrete legislation is needed.
In Europe at least, Silicon Valley's responsibilities look likely to continue to rack up. -- Natalia Drozdiak
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