Hi all,

The EU Kids Act has landed. Wikimedia projects, as well as not-for-profit
educational and scientific projects are out of scope.

Dimi & Michele

=== Age Verification: EU Kids Act ===

On 17 September the European Commission unveiled the EU Kids Act
<https://digital-strategy.ec.europa.eu/en/library/proposal-eu-kids-act-eu-keeping-internet-digital-spaces-accountable-and-trustworthy>
(technically a full acronym: EU Keeping Internet Digital Spaces Accountable
and Trustworthy - EU KIDS AcT; but I strongly suggest we stick to
lowercase). The proposal sets a single EU-wide age limit of 15 for
accessing social media platforms and certain AI services, with no standard
social media access for under-13s, and supervised accounts with limited
daily use and features for 13–15 year olds. Safe-by-design requirements —
no addictive features, no algorithmic recommendations, no infinite scroll —
apply up to 18.

—

The headline for us: Article 2(4)
<https://digital-strategy.ec.europa.eu/en/library/proposal-eu-kids-act-eu-keeping-internet-digital-spaces-accountable-and-trustworthy>
explicitly excludes all Wikimedia projects from the scope of the
regulation, including Phabricator. The exclusion list covers “non-profit
online encyclopedias”, “non-profit educational and scientific
repositories”, and “open-source software platforms”. From the opposite
perspective, the inclusion list puts "online social networking services"
and "video-sharing platform services", but both definitions do not target
Wikimedia projects.

—

This is a clean result, and consistent with the exemptions Wikimedians and
Wikimedia organisations have been advocating for in national laws across
the EU. It is especially nice to see that not only Wikimedia projects, but
also all educational and scientific platforms, will be able to avoid
additional barriers to access. Another bonus is that, should it be adopted,
many of the national proposals and discussions will become obsolete, as
EU-law layers on top of national laws.

—
The proposal now enters the  legislative procedure. In the Council, it will
be handled primarily by the Audiovisual and Media Working Party (the same
one that also handles age checks in more traditional media). The Irish
Presidency has flagged the Kids Act as a priority. In the Parliament, we
expect the Internal Market and Consumer Protection (IMCO) committee to take
the lead. Perhaps the Civil Liberties (LIBE) committee will co-lead.

—

Our top priority is to defend Article 2(4) throughout the legislative
process. We will however also cover how the age verification system
envisaged by the proposal will work in practice. Given that it will
effectively check large parts of the internet and the population, this
seems like an important infrastructural and societal question.

—

=== Age Verification: National ===

Denmark is (still) advancing its own national age limit bill
<https://dk.wikimedia.org/wiki/H%C3%B8ring/H%C3%B8ring_over_forslag_til_lov_om_aldersgr%C3%A6nse>,
which targets under-15s on very large online social networking platforms.
Our reading is that Wikimedia projects are not covered by the definition
used in the bill. We have been coordinating with Wikimedia Denmark on this
and they will submit a consultation response.

—

In Austria, the draft law has been published
<https://www.parlament.gv.at/gegenstand/XXVIII/SNME/6189> and is in
consultation. The Austrian approach targets platforms with specific
addictive functionalities — algorithmic feeds, endless scrolling — rather
than drawing up a platform list. This and the fact that it uses the AVMSD
<https://en.wikipedia.org/wiki/Audiovisual_Media_Services_Directive_2010>
and its definitions as a legal basis (for which Wikimedia Commons is not in
scope) means Wikimedia projects should in principle be outside scope.
Wikimedia Österreich submitted public feedback
<https://drive.google.com/file/d/1v_PU7KzjSRFvovd3TNvvY43-okvUNQQQ/view?usp=sharing>
to the government consultation pointing out some unclarities in the
definitions.

—

In Spain, Wikimedia España has published a blog post
<https://wikimedia.es/proteger-a-los-menores-en-internet-y-preservar-el-acceso-libre-al-conocimiento/>
on child protection. It is meant to be part of the wider discussions
around  the Proyecto de Ley Orgánica
<https://www.congreso.es/public_oficiales/L15/CONG/BOCG/A/BOCG-15-A-52-1.PDF>.
The article is calling for the protection of minors online to be reconciled
with free access to knowledge — and for an explicit exemption along the
lines of the French law (which had exemptions similar to the ones in the EU
Kids Act). Either way, in the current version of the Spanish proposal
Wikimedia projects are also out of scope, as it targets providers of
audiovisual media services, as per AVMSD.

=== CSAM Regulation ===

A trilogue negotiation (Commission, Council, Parliament) on 29 September
was expected to be the make-it-or-break-it moment for the CSA Regulation
<https://en.wikipedia.org/wiki/Regulation_to_Prevent_and_Combat_Child_Sexual_Abuse>
(dubbed by critics as Chat Control). It wasn’t. The proposal aims to
legally oblige platforms to detect and report child sexual abuse material.

—

The central unresolved issue remains scanning on personal communication.
The position of the Parliament is that this should be allowed only with a
judicial order and only when very targeted. The Council has been pressing
Parliament to accept detection orders targeting specific "parts of a
service". It is an open question how broad “parts of service” can be
interpreted, but the Council's own Legal Service has warned in an internal
analysis that this approach would likely be found by courts to constitute
general and indiscriminate, and therefore unlawful. A leaked Council
document circulated ahead of the trilogue showed that member states were
still divided on the key questions. The Parliament's stated red line
remains the protection of end-to-end encryption.

=== Denmark: Media Ombudsman Law ===

A smaller but relevant Danish development: the Danish government has put
forward a proposal for a media ombudsman law (lov om medieombudsmanden),
with a consultation deadline of 29 September. The law would establish an
ombudsman with jurisdiction over so-called "alternative media actors"
(alternative
medieaktører) under §11. Wikimedia Danmark has drafted a submission
<https://dk.wikimedia.org/wiki/H%C3%B8ring/H%C3%B8ring_over_forslag_til_lov_om_medieombudsmanden>
to the consultation arguing that Wikipedia and collaborative wikis should
not be included in the scope of this category. The argument is that
Wikipedia's community governance model and editorial processes are
categorically different from the kinds of actors the law is designed to
address, and that bringing it within scope would be both disproportionate
and counterproductive.

=== Copyright Reform Incoming ===

It is with a heavy heart that we need to report this. Both parliament and
Commission officials confirmed to us that a targeted, small copyright
reform is coming, likely in March, April or May next year. Meanwhile the
European Commission launched a targeted consultation
<https://digital-strategy.ec.europa.eu/en/news/commission-seeks-feedback-challenges-and-way-forward-area-effect-technology-copyright>
on:

   1.

   The use of copyright-protected content in artificial intelligence
   2.

   The fight against online piracy of content like live events
   3.

   The application of the single equitable remuneration right of music
   performers and producers
   4.

   Copyright of scientific research

Sounds familiar? That’s because there was a “call for evidence” (a fancy
synonym for an early consultation) weeks ago on the same questions. Anyway,
Wikimedia Europe did respond to the call
<https://ec.europa.eu/info/law/better-regulation/have-your-say/initiatives/18172-Report-on-the-review-of-the-2019-EU-rules-on-copyright-and-related-rights-in-the-digital-single-market/F33504239_en>
and we will also participate in the consultation. Top of mind will be the
strain AI systems put on community-led, open, and not-for-profit models, as
well as scientific research exceptions.

===END===

-- 
Wikimedia Europe ivzw
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