Hi Dimi,

regarding TERREG you wrote that hopefully next time the MEPs and staffers
won't miss a deadline and run a procedure check. Do you think they really
missed it? I'm wondering if the topic appeared so delicate to some that
maybe they used the not-filing-a-motion as a deliberate tactic, rather than
engage. Do you have thoughts on that?

Best
Micha
---
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Am Do., 29. Apr. 2021 um 16:19 Uhr schrieb Dimitar Parvanov Dimitrov <
[email protected]>:

> Wow! What a month! The Terrorist Content Regulation passed without a final
> vote, an Artificial Intelligence law was proposed unexpectedly quickly and
> over 600 amendment proposals to the Data Governance Act were tabled. And,
> and... we started a blog! A lot to unpack, so we will spare you the update
> on the Data Services Act this time around, as no big shifts occurred there
> anyway.
>
> Anna & Dimi
>
> This and previous reports on Meta-Wiki:
> https://meta.wikimedia.org/wiki/EU_policy/Monitor
>
> ======
>
> TERREG
>
> In an unexpected turn of events, Terrorist Content Regulation has been
> adopted without a final vote. It has been possible due to a procedural
> peculiarity [01] that defaults legislation “inherited” from the previous
> legislative term to an adoption without a vote. A vote is a possibility
> if a political group or 71 MEPs puts a motion to reject it or to open it up
> for amendments. But since nobody filed one within a given deadline, the
> adoption was simply announced at the plenary session, to the surprise of
> many MEPs.
>
> --
>
> This way, the dangers of content filtering, over-policing of content by
> state and private actors, and the cross-border prerogatives for governments
> will become law in 12 months from now without a final stamp from the
> elected representatives of the European citizens. As much as we didn’t
> expect a miracle of rejection of a hard-fought-for proposal [02], in
> democracy it is important to see where your representatives stand through a
> vote.
>
> We can only hope that next time, the MEPs and staffers who fought hard for
> this text to be better, won’t miss a deadline and run a procedure check as
> part of their preparations to an important vote.
>
> ======
>
> AI Regulation
>
> The European Commission proposed  the world’s first AI law. Curiously,
> the EU and US didn’t seem out of sync on this - the Federal Trade
> Commission published its own set of guidance [03] with partially
> overlapping requirements. But back to Europe: The proposal wants to ban
> some uses of AI (real-time facial recognition in public places & social
> scoring) and to impose obligations on “high-risk” uses (think credit
> scoring, self-driving cars, social benefits). It requires high-quality data
> sets, testing for discriminatory outcomes and a certain amount of
> transparency. The devil is, as always, in the detail.
>
> ---
>
> Bans: The proposed regulation outlines a list of banned artificial
> intelligence applications that includes government-conducted social
> scoring, real-time biometric recognition systems (e.g. facial recognition)
> and practices that “manipulate persons through subliminal techniques beyond
> their consciousness” or “exploit vulnerable groups such as children or
> people with disabilities''. [04] As you can expect, these bans come with
> numerous exceptions. Real-time facial recognition, for instance, shall be
> allowed when looking for missing children or in the case of imminent
> terrorist threat. Expect long debates and wrestling on concrete wordings.
>
> ---
>
> High-risk Uses: A further category of regulated AI applications are
> “high-risk uses”. Of course, the details of the definition will be key
> here. Expect some fluffy wording combined with a list of concrete examples
> in an annex [05], which is supposed to be updated by the European
> Commission over the years. The proposed Annex includes uses in transport
> (think self-driving cars), education, employment, credit scoring or
> benefits applications, asylum and border control management. This list will
> be a major lobbying battle.  lists uses where AI will always be “high
> risk,” such as employment and migration control.
>
> When applying AI to high risk uses the operator, producer or distributor
> is required to have a quality management system, undergo a conformity
> assessment (through national authority or self-assessment), keep
> documentation & logs, notify a national authority, ensure human oversight,
> take corrective actions when risks are recognised and apply the CE marking.
> [06]
>
> A lot to unpack here and, of course, the devil is in the details. Expect
> us to look very closely into the education AI uses and what exactly will be
> covered.
>
> ---
>
> Transparency Obligations: There are even fluffier transparency
> obligations for “certain AI systems”. In a very simplified translation from
> legalese the rule basically wants to say that if an AI system interacts
> with natural persons, the person must know that it is AI/ML and what it
> does (e.g. if it recognises emotions).
>
> ---
>
> First reactions and legislative process: We think the proposal is filled
> with good intentions that can end up as very sensible general rules for AI
> development and deployment or can terminate in a bureaucratic hell for
> everyone. Not sure we mentioned this before, but it looks like the devil
> will be in the details. The European Consumer Protection Bureau (BEUC)
> criticised that consumers aren’t given a straightforward way to enforce
> their rights and access to redress and remedies. [07] EDRi and the European
> Data Protection Supervisor call for adding predictive policing and all
> forms of biometric surveillance in public places into unacceptable uses
> category. [08] Tech Industry trade lobbies such as CCIA and DOT Europe were
> quick to warn against unnecessary red tape, but also seemed to see some
> sense in the approach.[09] We are now waiting for the European Parliament
> committee to fight over and agree which one will be responsible - a
> three-way race between the Internal Market, Legal Affairs and Civil Rights
> committees.
>
> ======
>
> Data Governance Act
>
> ---
>
> We now have over 600 amendments tabled on the DGA. A lot to unpack, but we
> will basically support the types of changes:
>
> 1. Amendments that will ensure that general interest projects (such as
> freely licensed knowledge resources) aren’t obliged to register with a
> national authority (a requirement planned for some cross-industry
> data-sharing clearinghouses). Currently the wording is unclear.
>
> 2. Amdements that will restrict the use of the sui generis database rights.
>
> 3. Amendments that will ensure that the DGA doesn’t interfere with the
> GDPR.
>
> The meetings of the MEPs to discuss their amendments and look for
> compromises are scheduled for May and April, but will likely continue after
> summer. All amendments: [10][11]
>
> ======
>
> wikimedia.brussels
>
> ---
>
> Now that stand-alone blogs aren’t cool and hip anymore, we have finally
> gotten around to starting one :/ The idea behind it is to have a place to
> write more regularly on legislative files and to establish it as a source
> for EU policymakers. Here are some reads that are already online:
>
>    -
>
>    E-Evidence: trilogues kick off on safeguards vs. efficiency - Dimi
>    lets us in on the sensitivities around passing on user data for the
>    purposes of criminal investigations
>    -
>
>
>       
> https://wikimedia.brussels/e-evidence-trilogues-kick-off-on-safeguards-vs-efficiency/
>
>       -
>
>    What happens in Geneva shouldn’t stay in Geneva: Wikimedia and
>    international copyright negotiations - Justus (WMDE) explains why the
>    transparency of international negotiations on intellectual property matters
>    should be increased
>    -
>
>
>       
> https://wikimedia.brussels/what-happens-in-geneva-shouldnt-stay-in-geneva-wikimedia-and-international-copyright-negotiations/
>
>       -
>
>    Sanctioning the giants – will the internet be better with the Digital
>    Markets Act? - Anna weighs in if the hopes for a reform of the
>    platforms’ ecosystem have been fulfilled in the DMA
>    -
>
>
>       
> https://wikimedia.brussels/sanctioning-the-giants-will-the-internet-be-better-with-the-digital-markets-act/
>
>       -
>
>    How the DSA can help Wikipedia – or at least not hurt it - because
>    terms and conditions and community moderation rules are different and they
>    both matter
>    -
>
>
>       
> https://wikimedia.brussels/how-dsa-can-help-wikipedia-or-at-least-not-break-it/
>
>
> ======
>
> ======
>
> END
>
> ======
>
> [01]
> https://www.europarl.europa.eu/doceo/document/RULES-9-2021-01-18-RULE-069_EN.html
>
>
> [02]
> https://data.consilium.europa.eu/doc/document/ST-14308-2020-REV-1/en/pdf
>
> [03]
> https://www.ftc.gov/news-events/blogs/business-blog/2021/04/aiming-truth-fairness-equity-your-companys-use-ai
>
> [04]
> https://digital-strategy.ec.europa.eu/en/library/proposal-regulation-laying-down-harmonised-rules-artificial-intelligence-artificial-intelligence
>
> [05]https://ec.europa.eu/newsroom/dae/document.cfm?doc_id=75789
>
> [06]https://en.wikipedia.org/wiki/CE_marking
>
> [07]
> https://www.beuc.eu/publications/eu-proposal-artificial-intelligence-law-weak-consumer-protection/html
>
> [08]https://twitter.com/edri/status/1386968653996888069
>
> [09]
> https://techcrunch.com/2021/04/21/europe-lays-out-plan-for-risk-based-ai-rules-to-boost-trust-and-uptake/
>
> [10]https://www.europarl.europa.eu/doceo/document/ITRE-AM-692584_EN.pdf
>
> [11]https://www.europarl.europa.eu/doceo/document/ITRE-AM-691468_EN.pdf
>
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