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The DSA [Digital Services Act] and the DMA [Digital Markets Act], [part of a EU] legislation aimed to prevent large tech companies from abusing their market power, impose burdens and requirements on tech companies operating in Europe, regardless of where the companies come from. Most major tech companies come from the United States, and many have lobbied against the passage of both the DSA and the DMA.
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In a recent hearing in the House Judiciary Committee, which he chairs, [U.S. Republican lawmaker Jim] Jordan argued that Europeans are trying to control how U.S. companies operate and to “censor Americans.”
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But genuine concern over free speech may not be what’s sparked the discussion. The Trump administration’s deep ties to tech CEOs appear to be one of the reasons for Washington’s newfound interest in EU regulations.
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Big American tech companies appear to have successfully convinced the White House to work on their behalf against legislation they believe hamstrings them. One European official, who asked to speak on background in order to talk candidly, said the tech industry “sees the possibility to exercise pressure or influence, to leverage the proximity they have to the administration to push against regulation.”
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“The DSA doesn’t specify what is illegal content and what is not illegal content. It’s not focusing on speech that much,” [the international policy director for the Electronic Frontier Foundation Christoph] Schmon said. “It’s more focused on transparency and processes on platforms. So it doesn’t regulate speech.
“It basically says, if there’s illegal content, and you’re notified about that illegality, you must take it off if you want to preserve your limited liability for third-party content,” he added. “This portrayal of the DSA as a speech-censorship tool doesn’t fully correspond to the reality of how the law is drafted.”
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Despite what appears to be a tempest in a teapot, the legislation is likely here to stay. Henna Virkkunen, the EU’s vice president for tech sovereignty, security, and democracy, has said the EU will continue to enforce the laws. And even if officials in Brussels wanted to rescind them, they would need to pass new legislation through the EU’s parliament to do that. That seems like a long shot.
Anna Cavazzini, chair of the European Parliament’s Committee on the Internal Market and Consumer Protection, which is in charge of digital legislation, argued the EU shouldn’t make concessions to Trump.
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“EU rules apply equally to all tech giants, regardless of where they come from. The Digital Services Act protects EU citizens from disinformation and hate online. And the Digital Markets Act gives small and medium-sized enterprises a fair chance to succeed in the digital single market,” Cavazzini said in an emailed statement. “The lesson here is clear: The EU should never give in to a blackmailer.”