The March 2024 CDT Europe Tech Policy Brief discusses key tech policy issues, including the Digital Services Act’s implementation, a landmark ruling on encryption by the European Court of Human Rights, gender-based violence online, and new regulations for political advertising in the EU. The report emphasizes the ongoing efforts to protect digital rights and enhance transparency in internet governance.
This March 2024 issue of the Centre for Democracy & Technology (CDT) Europe’s Tech Policy Brief highlights critical technology and internet policy debates in Europe and beyond. The focus is on advocating for digital rights and enhancing transparency and accountability in tech governance. For inquiries, contact the CDT team in Brussels: Asha Allen, Silvia Lorenzo Perez, Laura Lazaro Cabrera, and David Klotsonis.
On February 17, the EU’s Digital Services Act (DSA) officially came into effect, necessitating further action for effective oversight. Experts and policymakers convened in Amsterdam for a conference on DSA and platform regulation, discussing early successes and challenges. Key topics included the identification of systemic risks, optimizing data access provisions, and assessing the DSA’s impact beyond Europe.
A specific focus was on improving transparency via the DSA Transparency Database, which currently suffers from inconsistent data submission by platforms. Discussions addressed the Delegated Act on Data Access, emphasizing the need for precise guidelines on data sharing to enhance researcher access to relevant information without unnecessary barriers. The strong participation showed stakeholders’ commitment to refining the DSA’s implementation.
On February 13, the European Court of Human Rights issued a landmark ruling in the Podchasov v Russia case, emphasizing the importance of encryption. The court rejected Russian requirements for Telegram to weaken encryption by storing communication data for law enforcement access. This ruling reinforces the notion that any legislative measures compromising encryption threaten users’ rights under Article 8 of the ECHR.
By denouncing the justification for “content moderation solutions,” which could compromise encryption integrity, the court underscores encryption’s role in safeguarding user rights. CDT Europe provided a comprehensive analysis of the judgement, affirming that all users’ rights are impacted, not just those accused of crimes.
The menAble project launched a report on February 20 addressing online gender-based violence (GBV), underscoring its prevalence as a significant human rights issue. CDT Europe contributed insights through expert consultations. Asha Allen participated as a panelist, noting the evolving mindset among EU lawmakers on addressing online GBV legal frameworks, including the new EU Directive on Violence against Women, which criminalizes serious online GBV forms.
The Digital Services Act also mandates obligations for online platforms to combat various forms of GBV, highlighting the political will to address this issue. CDT Europe anticipates that the report will yield actionable recommendations for policymakers and educators in the fight against online GBV.
Finally, after extended negotiations, the European Parliament adopted the Regulation on Transparency and Targeting of Political Advertising, paving the way for its impending law enforcement. CDT Europe, in collaboration with partners, advocated for improvements to protect political expression amid persistent challenges in online advertising.
While this law will not be effective in time for the upcoming EU elections in June, its adoption signals a commitment to transparent democratic processes. CDT Europe will monitor its implementation, advocating for civil society involvement to ensure effective rights-oriented application and enforcement.
Original Source: cdt.org
