POLICY PRIMER
6 things to watch this year in tech policy
It’s now or never (well until 2019) for the EU to regulate big tech.
It’s now or never for the European Commission — and the tech world should brace itself.
Time is running out for the Commission to propose new legislation on tech and for commissioners to cement their legacy. On everything from regulating how quickly internet giants should remove illegal content, to search rankings on the Apple app store and Amazon, American tech giants could face a European crackdown in the months before the next round of EU elections in 2019.
BREXIT AND TECH: Brexit weighs heavily on the London tech community, and the digital world will watch closely to see the effects on investment and hiring in 2018. While venture capital is expected to grow in countries like France and Germany, fundraising could drop in London. Funding data indicate the situation is already troubled. That could be coupled with a tech brain drain, with some U.K.-based entrepreneurs shifting to Paris and Berlin. Some entrepreneurs, especially from Eastern European countries, may stick with the U.K., with opportunities for global investment remaining far more promising than in Sofia or Warsaw.
DIGITAL SINGLE MARKET: Commission President Jean-Claude Juncker famously complained in September that only six of 24 legislative initiatives in the digital single market strategy were complete. The Estonian presidency of the Council of the EU was supposed to conclude negotiations on most of the files. Now, it’s up to the Bulgarian presidency, which took over January 1. Negotiations on copyright, e-privacy and the audiovisual sector reviews are still ongoing. Lobbyists lack confidence in the Bulgarian leadership, though it may help that Digital Commissioner Mariya Gabriel is also Bulgarian and expected to keep pressure on the presidency to get the job done.
ACCESS TO DATA: The European Commission is now expected to propose giving law enforcement easier access to data held by big data companies and telecom firms, as well as other EU governments. It would help companies understand when it’s illegal, or not, to share evidence, the Commission has said. This proposal on “e-evidence” comes on the heels of new rules about confidentiality of emails, online messages and other communication under the proposed e-Privacy Regulation. Both bills are the subject of heated debates about encryption, data retention and surveillance.
INTERNET OF THINGS: Europe’s grand dream of having fast, ultra-connected 5G internet across devices will face a major test. Negotiators from EU countries, the European Parliament and executives in the Commission will try to hash out details of a flagship reform of telecom rules this year. Critics are afraid Europe will either be late to the 5G party or wind up with a patchwork of national rules. Meanwhile, Parliament and Council are both considering whether to force manufacturers of all kinds of connected “things,” from cars to fridges to toys, to boost so-far-lax cybersecurity standards in a binding regulation.
PLATFORMS: Internet giants Google and Facebook haven’t had the easiest ride under this Commission, especially thanks to Competition Commissioner Margrethe Vestager. Now, the other digital commissioners could be gearing up for one final smackdown. Other big online platforms, such as Amazon or the Apple app store, could face demands for more transparency about how they treat small businesses. Big Tech will also begin to feel the full brute force of the German hate speech law, which took effect October 1. Many of the measures, such as instituting online complaint sites for platform users, are set for implementation starting in 2018.
OFF TO COURT: The European Court of Justice will continue to play a major role in regulating Silicon Valley in Europe. It should rule on Uber’s disputes with the French in the first half of 2018. Later in the year, judges are expected to hear Apple’s appeal against the Commission’s €13 billion tax bill. They will wade through Google’s appeal of a €2.42 billion antitrust fine. A judgment is expected on whether Max Schrems, Europe’s infamous privacy advocate, can represent others in a “class-action” lawsuit against Facebook. And judges will begin reviewing a case on the social media giant’s data transfers.
This article is part of the spring policy primer.