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trump’s-trade-war-risks-splintering-the-internet,-experts-warn

Trump’s trade war risks splintering the Internet, experts warn


Trump urged to rethink trade policy to block attacks on digital services.

In sparking his global trade war, Donald Trump seems to have maintained a glaring blind spot when it comes to protecting one of America’s greatest trade advantages: the export of digital services.

Experts have warned that the consequences for Silicon Valley could be far-reaching.

In a report released Tuesday, an intelligence firm that tracks global trade risks, Allianz Trade, shared results of a survey of 4,500 firms worldwide, designed “to capture the impact of the escalation of trade tensions.” Amid other key findings, the group warned that the US’s fixation on the country’s trillion-dollar goods deficit risks rocking “the fastest-growing segment of global trade,” America’s “invisible exports” of financial and digital services.

Tracking these exports is challenging, as many services are provided through foreign affiliates, the report noted, but recent estimates “reveal a large digital trade surplus of at least $600 billion for the US, spread across categories like digital advertising, video streaming, cloud platforms, and online payment services.”

According to Allianz Trade, “the scale of this hidden trade is immense.” These “hidden” exports have “far” outpaced “the growth of goods exports over the past two decades, their report said, but because of how these services are delivered, “this trade goes uncounted in traditional statistics.”

If Trump doesn’t “rethink trade policy and narratives” soon to start tracking all this trade more closely, he risks undermining this trade advantage—which Allianz Trade noted “is underpinned by America’s innovative firms and massive data infrastructure”—at a time when he’s in trade talks with most of the world and could be leveraging that advantage.

“US digital exports now represent a significant share of world trade (about 3.6 percent of all global trade, and growing fast),” Allianz Trade reported. “These ‘invisible’ exports boost US trade revenues without filling any container ships, underscoring a new reality: routers and data centers are as strategically important as ports and factories in sustaining US leadership.”

Without a pivot, Trump’s current trade tactics—requiring all countries impacted by reciprocal tariffs to strike a deal before July 8, while acknowledging that there won’t be time to meet with every country—could even threaten US dominance as “the world’s digital content and tech services hub,” Allianz Trade suggested.

US trade partners are already “looking into tariffs or taxes on digital services as a retaliation tool that could cause pain to the US,” the report warned. And other experts agreed that if such countermeasures become permanent fixtures in global trade, it could significantly hurt the US tech industry, perhaps even splintering the Internet, as companies are forced to customize services according to where different users are located.

Jovan Kurbalija, a former diplomat and executive director of the DiploFoundation who has monitored the Internet’s impact on global trade for more than 20 years, warned in an April blog that this could have a “more profound impact” on the US than other retaliatory measures.

“If the escalation of trade tensions moves into the digital realm, it could have far-reaching consequences for Silicon Valley giants and the digital economy worldwide,” Kurbalija wrote.

“The silent war over digital services”

The threat of retaliatory tariffs hitting the digital services industry has loomed large since European Commission President Ursula von der Leyen confirmed to the Financial Times last month that she was proactively developing such countermeasures if Trump’s trade talks with the European Union failed.

Those measures could potentially include “a tax on digital advertising revenues that would hit tech groups such as Amazon, Google and Facebook,” the FT reported. But perhaps most alarmingly, they may also include “tariffs on the services trade between the US and the EU.” Unlike the digital sales tax—which could be imposed differently by EU member states to significantly hurt tech giants’ ad revenues in various regions—the tariff would be applied across a single EU-wide market.

Kurbalija suggested that the problem goes beyond the EU.

Trump’s aggressive tariffs on goods have handed “the EU and others both moral and tactical pretexts to fast-track digital taxes” as countermeasures, Kurbalija wrote. He’s also given foreign governments an appealing narrative of “reclaiming revenue from foreign tech ‘free riders,'” Kurbalija wrote, while perhaps accelerating the broader “use of digital service taxes as a diplomatic tool” to “pressure the US into balanced negotiations.”

For tech companies, the taxes risk escalating trade tensions, potentially perpetuating the atmosphere of uncertainty that, Allianz Trade reported, has US firms scrambling to secure reliable, affordable supply chains.

In an op-ed discussing potential harms to US tech firms and startups, the CEO of CareYaya Health Technologies, Neal K. Shah, warned that “tariffs on digital services would directly reduce revenues for American tech companies.”

At the furthest extreme, the “digital trade war threatens to splinter the Internet’s integrated infrastructure,” Kurbalija warned, fragmenting the Internet in a way that could “undermine decades of gradual development of technological interconnectedness.”

Imagine, Shah suggested, that on top of increased hardware costs, tech companies also incurred costs of providing services for “parallel digital universes with incompatible standards.” Users traveling to different locations might find that platforms have “different features, prices, and capabilities,” he said.

“For startups and industry innovators,” Shah predicted, “fragmentation means higher compliance costs, reduced market access, and slower growth.” Such a world also risks ending “the era of globally scalable digital platforms,” decreasing investor interest in tech, and reducing the global GDP “by up to 5 percent over the next decade as digital trade barriers multiply,” Shah said. And if digital services tariffs become a permanent fixture of global trade, Shah suggested that it could, in the long term, undermine American tech dominance, including in fields critical to national security, like artificial intelligence.

“Trump’s tariffs may dominate today’s headlines, but the silent war over digital services will define tomorrow’s economy,” Kurbalija wrote.

Trump’s go-to countermeasure is still tariffs

Trump has responded to threats of digital services taxes with threats of more tariffs, arguing that “only America should be allowed to tax American firms,” Reuters reported. In February, Trump issued a memo calling for research into the best responsive measures to counter threats of digital service taxes, including threatening more tariffs.

It’s worth asking if Trump’s tactics are working the way he intends, if the US plans to keep up the outdated trade strategy. Allianz Trade’s survey found that many US firms—rather than moving their operations into the US, as Trump has demanded—are instead rerouting supply chains through “emerging trade hubs” like Southeast Asia, the United Arab Emirates, Saudi Arabia, and Latin American countries where tariff rates are currently lower.

Likely even more frustrating to Trump, however, is a finding that 50 percent of US firms surveyed confirmed they are considering increasing investments in China, in response to the US abruptly shifting tariffs tactics. Only 8 percent said they’re considering decreasing Chinese investments.

It’s unclear if tech companies will be adequately shielded by the US threat of tariffs as the potential default countermeasure to digital services taxes or tariffs. Perhaps Trump’s memo will surface more novel tactics that interest the administration. But Allianz Trade suggested that Trump may be stuck in the past with a trade strategy focused too much on goods at a time when the tech industry needs more modern tactics to keep America’s edge in global markets.

“An economy adept at producing globally demanded services—from cloud software to financial engineering—is less reliant on physical supply chains and less vulnerable to commodity swings,” Allianz Trade reported. “The US edge in digital and financial services is not just an anecdote in the trade ledger; it has become a structural advantage.”

How would digital services tariffs even work?

Trump’s trade math so far has been criticized by economists as a “trillion-dollar tariff disappointment” that at times imposed baffling tariff rates that appeared to be generated by chatbots. But part of the trade math moving forward will also likely be deducing if nations threatening digital services taxes or tariffs can actually follow through on those threats.

Bertin Martens, a senior fellow at a European economics-focused think tank called Bruegel, broke down in April how practical it could be for the EU to attack digital platforms, noting, “there is a question of whether such retaliation is even feasible.”

The EU could possibly use a law known as the Anti-Coercion Regulation—which grants officials authority to lob countermeasures when facing “foreign economic coercion”—to impose digital services tariffs.

But “platforms with substantive presence in the EU cannot be the target of trade measures” under that law, Martens noted. That could create a carveout for the biggest tech giants who have operations in the EU, Martens suggested, but only if those operations are deemed “substantive,” a term that the law does not clearly define.

To make that determination, officials would need “detailed information on the locations or nationalities” of all the users that platforms bring together, including buyers, sellers, advertisers and other parties, Martens said.

This makes digital services platforms “particularly difficult to target,” he suggested. And lawmakers could risk backlash if “any arbitrary decision to invoke” the law risks “imposing a tax on EU users without retaliatory effect on the US.”

While tech companies will have to wait for the trade war to play out—likely planning to increase prices, Allianz Trade found, rather than bear the brunt of new costs—Shah suggested that there could be one clear winner if Trump doesn’t reprioritize shielding digital services exports in the way that experts recommend.

“A surprising potential consequence of digital tariffs could be the accelerated development and adoption of open-source technologies,” Shah wrote. “As proprietary digital products and services become subject to cross-border tariffs, open-source alternatives—which can be freely shared, modified, and distributed—may gain significant advantages.”

If costs get too high, Shah suggested that even tech giants might “increasingly turn to open-source solutions that can be locally deployed without triggering tariff thresholds.” Such a shift could potentially “profoundly affect the competitive landscape in areas like cloud infrastructure, AI frameworks, and enterprise software,” Shah wrote.

In that imagined future where open source alternatives rule the world, Shah said that targeting digital imports by tariff systems could become ineffective, “inadvertently driving adoption toward open-source alternatives that generate less economic leverage.”

Photo of Ashley Belanger

Ashley is a senior policy reporter for Ars Technica, dedicated to tracking social impacts of emerging policies and new technologies. She is a Chicago-based journalist with 20 years of experience.

Trump’s trade war risks splintering the Internet, experts warn Read More »

europe-launches-program-to-lure-scientists-away-from-the-us

Europe launches program to lure scientists away from the US

At the same time, international interest in working in the United States has declined significantly. During the first quarter of the year, applications from scientists from Canada, China, and Europe to US research centers fell by 13 percent, 39 percent, and 41 percent, respectively.

Against this backdrop, European institutions have intensified their efforts to attract US talent. Aix-Marseille University, in France, recently launched A Safe Place for Science, a program aimed at hosting US researchers dismissed, censored, or limited by Trump’s policies. This project is backed with an investment of approximately €15 million.

Along the same lines, the Max Planck Society in Germany has announced the creation of the Max Planck Transatlantic Program, whose purpose is to establish joint research centers with US institutions. “Outstanding investigators who have to leave the US, we will consider for director positions,” the society’s director Patrick Cramer said in a speech discussing the program.

Spain seeks a leading role

Juan Cruz Cigudosa, Spain’s secretary of state for science, innovation, and universities, has stressed that Spain is also actively involved in attracting global scientific talent, and is prioritizing areas such as quantum biotechnology, artificial intelligence, advanced materials, and semiconductors, as well as anything that strengthens the country’s technological sovereignty.

To achieve this, the government of Pedro Sánchez has strengthened existing programs. The ATRAE program—which aims to entice established researchers into bringing their work to Spain—has been reinforced with €45 million to recruit scientists who are leaders in strategic fields, with a special focus on US experts who feel “looked down upon.” This program is offering additional funding of €200,000 euros per project to those selected from the United States.

Similarly, the Ramón y Cajal program—created 25 years ago to further the careers of young scientists—has increased its funding by 150 percent since 2018, allowing for 500 researchers to be funded per year, of which 30 percent are foreigners.

“We are going to intensify efforts to attract talent from the United States. We want them to come to do the best science possible, free of ideological restrictions. Scientific and technological knowledge make us a better country, because it generates shared prosperity and a vision of the future,” said Cigudosa in a statement to the Spanish international news agency EFE after the announcement of the Choose Europe for Science program.

This story originally appeared on WIRED en Español and has been translated from Spanish.

Europe launches program to lure scientists away from the US Read More »

dad-demands-openai-delete-chatgpt’s-false-claim-that-he-murdered-his-kids

Dad demands OpenAI delete ChatGPT’s false claim that he murdered his kids

Currently, ChatGPT does not repeat these horrible false claims about Holmen in outputs. A more recent update apparently fixed the issue, as “ChatGPT now also searches the Internet for information about people, when it is asked who they are,” Noyb said. But because OpenAI had previously argued that it cannot correct information—it can only block information—the fake child murderer story is likely still included in ChatGPT’s internal data. And unless Holmen can correct it, that’s a violation of the GDPR, Noyb claims.

“While the damage done may be more limited if false personal data is not shared, the GDPR applies to internal data just as much as to shared data,” Noyb says.

OpenAI may not be able to easily delete the data

Holmen isn’t the only ChatGPT user who has worried that the chatbot’s hallucinations might ruin lives. Months after ChatGPT launched in late 2022, an Australian mayor threatened to sue for defamation after the chatbot falsely claimed he went to prison. Around the same time, ChatGPT linked a real law professor to a fake sexual harassment scandal, The Washington Post reported. A few months later, a radio host sued OpenAI over ChatGPT outputs describing fake embezzlement charges.

In some cases, OpenAI filtered the model to avoid generating harmful outputs but likely didn’t delete the false information from the training data, Noyb suggested. But filtering outputs and throwing up disclaimers aren’t enough to prevent reputational harm, Noyb data protection lawyer, Kleanthi Sardeli, alleged.

“Adding a disclaimer that you do not comply with the law does not make the law go away,” Sardeli said. “AI companies can also not just ‘hide’ false information from users while they internally still process false information. AI companies should stop acting as if the GDPR does not apply to them, when it clearly does. If hallucinations are not stopped, people can easily suffer reputational damage.”

Dad demands OpenAI delete ChatGPT’s false claim that he murdered his kids Read More »

apple-and-google-in-the-hot-seat-as-european-regulators-ignore-trump-warnings

Apple and Google in the hot seat as European regulators ignore Trump warnings

The European Commission is not backing down from efforts to rein in Big Tech. In a series of press releases today, the European Union’s executive arm has announced actions against both Apple and Google. Regulators have announced that Apple will be required to open up support for non-Apple accessories on the iPhone, but it may be too late for Google to make changes. The commission says the search giant has violated the Digital Markets Act, which could lead to a hefty fine.

Since returning to power, Donald Trump has railed against European regulations that target US tech firms. In spite of rising tensions and tough talk, the European Commission seems unfazed and is continuing to follow its more stringent laws, like the Digital Markets Act (DMA). This landmark piece of EU legislation aims to make the digital economy more fair. Upon coming into force last year, the act labeled certain large tech companies, including Apple and Google, as “gatekeepers” that are subject to additional scrutiny.

Europe’s more aggressive regulation of Big Tech is why iPhone users on the continent can install apps from third-party app markets while the rest of us are stuck with the Apple App Store. As for Google, the European Commission has paid special attention to search, Android, and Chrome, all of which dominate their respective markets.

Apple’s mobile platform plays second fiddle to Android in Europe, but it’s large enough to make the company subject to the DMA. The EU has now decreed that Apple is not doing enough to support interoperability on its platform. As a result, it will be required to make several notable changes. Apple will have to provide other companies and developers with improved access to iOS for devices like smartwatches, headphones, and TVs. This could include integration with notifications, faster data transfers, and streamlined setup.

The commission is also forcing Apple to release additional technical documentation, communication, and notifications for upcoming features for third parties. The EU believes this change will encourage more companies to build products that integrate with the iPhone, giving everyone more options aside from Apple’s.

Regulators say both sets of measures are the result of a public comment period that began late last year. We’ve asked Apple for comment on this development but have not heard back as of publication time. Apple is required to make these changes, and failing to do so could lead to fines. However, Google is already there.

Apple and Google in the hot seat as European regulators ignore Trump warnings Read More »

europol-arrests-25-users-of-online-network-accused-of-sharing-ai-csam

Europol arrests 25 users of online network accused of sharing AI CSAM

In South Korea, where AI-generated deepfake porn has been criminalized, an “emergency” was declared and hundreds were arrested, mostly teens. But most countries don’t yet have clear laws banning AI sex images of minors, and Europol cited this fact as a challenge for Operation Cumberland, which is a coordinated crackdown across 19 countries lacking clear guidelines.

“Operation Cumberland has been one of the first cases involving AI-generated child sexual abuse material (CSAM), making it exceptionally challenging for investigators, especially due to the lack of national legislation addressing these crimes,” Europol said.

European Union member states are currently mulling a rule proposed by the European Commission that could help law enforcement “tackle this new situation,” Europol suggested.

Catherine De Bolle, Europol’s executive director, said police also “need to develop new investigative methods and tools” to combat AI-generated CSAM and “the growing prevalence” of CSAM overall.

For Europol, deterrence is critical to support efforts in many EU member states to identify child sex abuse victims. The agency plans to continue to arrest anyone discovered producing, sharing, and/or distributing AI CSAM while also launching an online campaign to raise awareness that doing so is illegal in the EU.

That campaign will highlight the “consequences of using AI for illegal purposes,” Europol said, by using “online messages to reach buyers of illegal content” on social media and payment platforms. Additionally, the agency will apparently go door-to-door and issue warning letters to suspects identified through Operation Cumberland or any future probe.

It’s unclear how many more arrests could be on the horizon in the EU, but Europol disclosed that 273 users of the Danish suspect’s online network were identified, 33 houses were searched, and 173 electronic devices have been seized.

Europol arrests 25 users of online network accused of sharing AI CSAM Read More »

mastodon’s-founder-cedes-control,-refuses-to-become-next-musk-or-zuckerberg

Mastodon’s founder cedes control, refuses to become next Musk or Zuckerberg

And perhaps in a nod to Meta’s recent changes, Mastodon also vowed to “invest deeply in trust and safety” and ensure “everyone, especially marginalized communities,” feels “safe” on the platform.

To become a more user-focused paradise of “resilient, governable, open and safe digital spaces,” Mastodon is going to need a lot more funding. The blog called for donations to help fund an annual operating budget of $5.1 million (5 million euros) in 2025. That’s a massive leap from the $152,476 (149,400 euros) total operating expenses Mastodon reported in 2023.

Other social networks wary of EU regulations

Mastodon has decided to continue basing its operations in Europe, while still maintaining a separate US-based nonprofit entity as a “fundraising hub,” the blog said.

It will take time, Mastodon said, to “select the appropriate jurisdiction and structure in Europe” before Mastodon can then “determine which other (subsidiary) legal structures are needed to support operations and sustainability.”

While Mastodon is carefully getting re-settled as a nonprofit in Europe, Zuckerberg this week went on Joe Rogan’s podcast to call on Donald Trump to help US tech companies fight European Union fines, Politico reported.

Some critics suggest the recent policy changes on Meta platforms were intended to win Trump’s favor, partly to get Trump on Meta’s side in the fight against the EU’s strict digital laws. According to France24, Musk’s recent combativeness with EU officials suggests Musk might team up with Zuckerberg in that fight (unlike that cage fight pitting the wealthy tech titans against each other that never happened).

Experts told France24 that EU officials may “perhaps wrongly” already be fearful about ruffling Trump’s feathers by targeting his tech allies and would likely need to use the “full legal arsenal” of EU digital laws to “stand up to Big Tech” once Trump’s next term starts.

As Big Tech prepares to continue battling EU regulators, Mastodon appears to be taking a different route, laying roots in Europe and “establishing the appropriate governance and leadership frameworks that reflect the nature and purpose of Mastodon as a whole” and “responsibly serve the community,” its blog said.

“Our core mission remains the same: to create the tools and digital spaces where people can build authentic, constructive online communities free from ads, data exploitation, manipulative algorithms, or corporate monopolies,” Mastodon’s blog said.

Mastodon’s founder cedes control, refuses to become next Musk or Zuckerberg Read More »

finally,-a-sign-of-life-for-europe’s-sovereign-satellite-internet-constellation

Finally, a sign of life for Europe’s sovereign satellite Internet constellation

The estimated 10 billion-plus euro cost of the IRIS² program is nearly double initial projections. European officials also confirmed the sovereign satellite network won’t begin providing services to European government customers until 2030, three years later than the commission’s previous schedule.

Rising costs and negotiations over how much governments and industry will pay for IRIS² have delayed the contract award for months. Earlier this year, press reports indicated the SpaceRISE consortium’s proposal for IRIS² carried a total cost of 12 billion euros. It seems the price has been negotiated down, at least by a small percentage, to around 10 billion.

It’s also worth noting that the EU will this year only commit to funding the IRIS² initiative through the end 0f 2027, when the commission’s seven-year budget framework expires. It’s almost certain the IRIS² program will require more government funding beyond 2027, but the European Commission said it will decide later on additional money, subject to the “availability of the corresponding appropriations.”

In April, a senior official in the German government, the EU’s top contributor, called for the IRIS² program to be restarted. Robert Habeck, Germany’s economy minister, called the proposed 12 billion euro price “exorbitant” and said the entire project was “ill-conceived” in a letter to Thierry Breton, then the EU’s internal market commissioner, according to a report in the Germany newspaper Handelsblatt.

Habeck’s protest obviously did not stop the European Commission from awarding the contract to the SpaceRISE consortium. The 12-year agreement will cover the development, deployment, and operation of at least 290 satellites placed at different orbital altitudes, from low-Earth orbit up to medium-Earth orbit several thousand miles above the planet.

At these higher altitudes, IRIS² can cover the globe with fewer satellites than Starlink, OneWeb, or Amazon Kuiper.

The commission’s press release said the agreement, the largest space contract in EU history, should be signed in December. At that time, “legal and financial commitment from both parties will be taken,” the commission said.

The SpaceRISE consortium includes numerous European satellite and telecom companies, including spacecraft manufacturers Airbus Defence and Space, Thales Alenia Space, and OHB. Telespazio, Deutsche Telekom, Orange, Hisdesat, and Thales SIX are also part of the industry group.

These companies are typically competitors in the satellite and telecom markets, as are SES, Eutelsat, and Hispasat, which head up the consortium. Getting all the contractors and subcontractors to play nice with one another will be no small feat.

Finally, a sign of life for Europe’s sovereign satellite Internet constellation Read More »

google-accused-of-shadow-campaigns-redirecting-antitrust-scrutiny-to-microsoft

Google accused of shadow campaigns redirecting antitrust scrutiny to Microsoft

On Monday, Microsoft came out guns blazing, posting a blog accusing Google of “dishonestly” funding groups conducting allegedly biased studies to discredit Microsoft and mislead antitrust enforcers and the public.

In the blog, Microsoft lawyer Rima Alaily alleged that an astroturf group called the Open Cloud Coalition will launch this week and will appear to be led by “a handful of European cloud providers.” In actuality, however, those smaller companies were secretly recruited by Google, which allegedly pays them “to serve as the public face” and “obfuscate” Google’s involvement, Microsoft’s blog said. In return, Google likely offered the cloud providers cash or discounts to join, Alaily alleged.

The Open Cloud Coalition is just one part of a “pattern of shadowy campaigns” that Google has funded, both “directly and indirectly,” to muddy the antitrust waters, Alaily alleged. The only other named example that Alaily gives while documenting this supposed pattern is the US-based Coalition for Fair Software Licensing (CFSL), which Alaily said has attacked Microsoft’s cloud computing business in the US, the United Kingdom, and the European Union.

That group is led by Ryan Triplette, who Alaily said is “a well-known lobbyist for Google in Washington, DC, but Google’s affiliation isn’t disclosed publicly by the organization.” An online search confirms Triplette was formerly a lobbyist for Franklin Square Group, which Politico reported represented Google during her time there.

Ars could not immediately reach the CFSL for comment. Google’s spokesperson told Ars that the company has “been a public supporter of CFSL for more than two years” and has “no idea what evidence Microsoft cites that we are the main funder of CFSL.” If Triplette was previously a lobbyist for Google, the spokesperson said, “that’s a weird criticism to make” since it’s likely “everybody in law, policy, etc.,” has “worked for Google, Microsoft, or Amazon at some point, in some capacity.”

Google accused of shadow campaigns redirecting antitrust scrutiny to Microsoft Read More »

x’s-depressing-ad-revenue-helps-musk-avoid-eu’s-strictest-antitrust-law

X’s depressing ad revenue helps Musk avoid EU’s strictest antitrust law

Following an investigation, Elon Musk’s X has won its fight to avoid gatekeeper status under the European Union’s strict competition law, the Digital Markets Act (DMA).

On Wednesday, the European Commission (EC) announced that “X does indeed not qualify as a gatekeeper in relation to its online social networking service, given that the investigation revealed that X is not an important gateway for business users to reach end users.”

Since March, X had strongly opposed the gatekeeper designation by arguing that although X connects advertisers to more than 45 million monthly users, it does not have a “significant impact” on the EU’s internal market, a case filing showed.

A gatekeeper “is presumed to have a significant impact on the internal market where it achieves an annual Union turnover equal to or above EUR 7.5 billion in each of the last three financial years,” the case filing said. But X submitted evidence showing that its Union turnover was less than that in 2022, the same year that Musk took over Twitter and began alienating advertisers by posting their ads next to extremists’ tweets.

Throughout Musk’s reign at Twitter/X, the social networking company told the EC, both advertising revenue and users have steadily declined in the EU. In particular, “X Ads has a too small and decreasing scale in terms of share of advertising spend in the Union to constitute an important gateway in the market for online advertising,” X argued, further noting that X had a “lack of platform power” to change that anytime soon.

“In the last 15 months, X Ads has faced a decline in number of advertising business users, as well as a decline in pricing,” X argued.

X’s depressing ad revenue helps Musk avoid EU’s strictest antitrust law Read More »

cops’-favorite-face-image-search-engine-fined-$33m-for-privacy-violation

Cops’ favorite face image search engine fined $33M for privacy violation

Cops’ favorite face image search engine fined $33M for privacy violation

A controversial facial recognition tech company behind a vast face image search engine widely used by cops has been fined approximately $33 million in the Netherlands for serious data privacy violations.

According to the Dutch Data Protection Authority (DPA), Clearview AI “built an illegal database with billions of photos of faces” by crawling the web and without gaining consent, including from people in the Netherlands.

Clearview AI’s technology—which has been banned in some US cities over concerns that it gives law enforcement unlimited power to track people in their daily lives—works by pulling in more than 40 billion face images from the web without setting “any limitations in terms of geographical location or nationality,” the Dutch DPA found. Perhaps most concerning, the Dutch DPA said, Clearview AI also provides “facial recognition software for identifying children,” therefore indiscriminately processing personal data of minors.

Training on the face image data, the technology then makes it possible to upload a photo of anyone and search for matches on the Internet. People appearing in search results, the Dutch DPA found, can be “unambiguously” identified. Billed as a public safety resource accessible only by law enforcement, Clearview AI’s face database casts too wide a net, the Dutch DPA said, with the majority of people pulled into the tool likely never becoming subject to a police search.

“The processing of personal data is not only complex and extensive, it moreover offers Clearview’s clients the opportunity to go through data about individual persons and obtain a detailed picture of the lives of these individual persons,” the Dutch DPA said. “These processing operations therefore are highly invasive for data subjects.”

Clearview AI had no legitimate interest under the European Union’s General Data Protection Regulation (GDPR) for the company’s invasive data collection, Dutch DPA Chairman Aleid Wolfsen said in a press release. The Dutch official likened Clearview AI’s sprawling overreach to “a doom scenario from a scary film,” while emphasizing in his decision that Clearview AI has not only stopped responding to any requests to access or remove data from citizens in the Netherlands, but across the EU.

“Facial recognition is a highly intrusive technology that you cannot simply unleash on anyone in the world,” Wolfsen said. “If there is a photo of you on the Internet—and doesn’t that apply to all of us?—then you can end up in the database of Clearview and be tracked.”

To protect Dutch citizens’ privacy, the Dutch DPA imposed a roughly $33 million fine that could go up by about $5.5 million if Clearview AI does not follow orders on compliance. Any Dutch businesses attempting to use Clearview AI services could also face “hefty fines,” the Dutch DPA warned, as that “is also prohibited” under the GDPR.

Clearview AI was given three months to appoint a representative in the EU to stop processing personal data—including sensitive biometric data—in the Netherlands and to update its privacy policies to inform users in the Netherlands of their rights under the GDPR. But the company only has one month to resume processing requests for data access or removals from people in the Netherlands who otherwise find it “impossible” to exercise their rights to privacy, the Dutch DPA’s decision said.

It appears that Clearview AI has no intentions to comply, however. Jack Mulcaire, the chief legal officer for Clearview AI, confirmed to Ars that the company maintains that it is not subject to the GDPR.

“Clearview AI does not have a place of business in the Netherlands or the EU, it does not have any customers in the Netherlands or the EU, and does not undertake any activities that would otherwise mean it is subject to the GDPR,” Mulcaire said. “This decision is unlawful, devoid of due process and is unenforceable.”

But the Dutch DPA found that GDPR applies to Clearview AI because it gathers personal information about Dutch citizens without their consent and without ever alerting users to the data collection at any point.

“People who are in the database also have the right to access their data,” the Dutch DPA said. “This means that Clearview has to show people which data the company has about them, if they ask for this. But Clearview does not cooperate in requests for access.”

Dutch DPA vows to investigate Clearview AI execs

In the press release, Wolfsen said that the Dutch DPA has “to draw a very clear line” underscoring the “incorrect use of this sort of technology” after Clearview AI refused to change its data collection practices following fines in other parts of the European Union, including Italy and Greece.

While Wolfsen acknowledged that Clearview AI could be used to enhance police investigations, he said that the technology would be more appropriate if it was being managed by law enforcement “in highly exceptional cases only” and not indiscriminately by a private company.

“The company should never have built the database and is insufficiently transparent,” the Dutch DPA said.

Although Clearview AI appears ready to defend against the fine, the Dutch DPA said that the company failed to object to the decision within the provided six-week timeframe and therefore cannot appeal the decision.

Further, the Dutch DPA confirmed that authorities are “looking for ways to make sure that Clearview stops the violations” beyond the fines, including by “investigating if the directors of the company can be held personally responsible for the violations.”

Wolfsen claimed that such “liability already exists if directors know that the GDPR is being violated, have the authority to stop that, but omit to do so, and in this way consciously accept those violations.”

Cops’ favorite face image search engine fined $33M for privacy violation Read More »

meta-risks-sanctions-over-“sneaky”-ad-free-plans-confusing-users,-eu-says

Meta risks sanctions over “sneaky” ad-free plans confusing users, EU says

Under pressure —

Consumer laws may change Meta’s ad-free plans before EU’s digital crackdown does.

Meta risks sanctions over “sneaky” ad-free plans confusing users, EU says

The European Commission (EC) has finally taken action to block Meta’s heavily criticized plan to charge a subscription fee to users who value privacy on its platforms.

Surprisingly, this step wasn’t taken under laws like the Digital Services Act (DSA), the Digital Markets Act (DMA), or the General Data Protection Regulation (GDPR).

Instead, the EC announced Monday that Meta risked sanctions under EU consumer laws if it could not resolve key concerns about Meta’s so-called “pay or consent” model.

Meta’s model is seemingly problematic, the commission said, because Meta “requested consumers overnight to either subscribe to use Facebook and Instagram against a fee or to consent to Meta’s use of their personal data to be shown personalized ads, allowing Meta to make revenue out of it.”

Because users were given such short notice, they may have been “exposed to undue pressure to choose rapidly between the two models, fearing that they would instantly lose access to their accounts and their network of contacts,” the EC said.

To protect consumers, the EC joined national consumer protection authorities, sending a letter to Meta requiring the tech giant to propose solutions to resolve the commission’s biggest concerns by September 1.

That Meta’s “pay or consent” model may be “misleading” is a top concern because it uses the term “free” for ad-based plans, even though Meta “can make revenue from using their personal data to show them personalized ads.” It seems that while Meta does not consider giving away personal information to be a cost to users, the EC’s commissioner for justice, Didier Reynders, apparently does.

“Consumers must not be lured into believing that they would either pay and not be shown any ads anymore, or receive a service for free, when, instead, they would agree that the company used their personal data to make revenue with ads,” Reynders said. “EU consumer protection law is clear in this respect. Traders must inform consumers upfront and in a fully transparent manner on how they use their personal data. This is a fundamental right that we will protect.”

Additionally, the EC is concerned that Meta users might be confused about how “to navigate through different screens in the Facebook/Instagram app or web-version and to click on hyperlinks directing them to different parts of the Terms of Service or Privacy Policy to find out how their preferences, personal data, and user-generated data will be used by Meta to show them personalized ads.” They may also find Meta’s “imprecise terms and language” confusing, such as Meta referring to “your info” instead of clearly referring to consumers’ “personal data.”

To resolve the EC’s concerns, Meta may have to give EU users more time to decide if they want to pay to subscribe or consent to personal data collection for targeted ads. Or Meta may have to take more drastic steps by altering language and screens used when securing consent to collect data or potentially even scrapping its “pay or consent” model entirely, as pressure in the EU mounts.

So far, Meta has defended its model against claims that it violates the DMA, the DSA, and the GDPR, and Meta’s spokesperson told Ars that Meta continues to defend the model while facing down the EC’s latest action.

“Subscriptions as an alternative to advertising are a well-established business model across many industries,” Meta’s spokesperson told Ars. “Subscription for no ads follows the direction of the highest court in Europe and we are confident it complies with European regulation.”

Meta’s model is “sneaky,” EC said

Since last year, the social media company has argued that its “subscription for no ads” model was “endorsed” by the highest court in Europe, the Court of Justice of the European Union (CJEU).

However, privacy advocates have noted that this alleged endorsement came following a CJEU case under the GDPR and was only presented as a hypothetical, rather than a formal part of the ruling, as Meta seems to interpret.

What the CJEU said was that “users must be free to refuse individually”—”in the context of” signing up for services—”to give their consent to particular data processing operations not necessary” for Meta to provide such services “without being obliged to refrain entirely from using the service.” That “means that those users are to be offered, if necessary for an appropriate fee, an equivalent alternative not accompanied by such data processing operations,” the CJEU said.

The nuance here may matter when it comes to Meta’s proposed solutions even if the EC accepts the CJEU’s suggestion of an acceptable alternative as setting some sort of legal precedent. Because the consumer protection authorities raised the action due to Meta suddenly changing the consent model for existing users—not “in the context of” signing up for services—Meta may struggle to persuade the EC that existing users weren’t misled and pressured into paying for a subscription or consenting to ads, given how fast Meta’s policy shifted.

Meta risks sanctions if a compromise can’t be reached, the EC said. Under the EU’s Unfair Contract Terms Directive, for example, Meta could be fined up to 4 percent of its annual turnover if consumer protection authorities are unsatisfied with Meta’s proposed solutions.

The EC’s vice president for values and transparency, Věra Jourová, provided a statement in the press release, calling Meta’s abrupt introduction of the “pay or consent” model “sneaky.”

“We are proud of our strong consumer protection laws which empower Europeans to have the right to be accurately informed about changes such as the one proposed by Meta,” Jourová said. “In the EU, consumers are able to make truly informed choices and we now take action to safeguard this right.”

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Google’s $500M effort to wreck Microsoft EU cloud deal failed, report says

Google’s $500M effort to wreck Microsoft EU cloud deal failed, report says

Google tried to derail a Microsoft antitrust settlement over anticompetitive software licensing in the European Union by offering a $500 million alternative deal to the group of cloud providers behind the EU complaint, Bloomberg reported.

According to Bloomberg, Google’s offer to the Cloud Infrastructure Services Providers in Europe (CISPE) required that the group maintain its EU antitrust complaint. It came “just days” before CISPE settled with Microsoft, and it was apparently not compelling enough to stop CISPE from inking a deal with the software giant that TechCrunch noted forced CISPE to accept several compromises.

Bloomberg uncovered Google’s attempted counteroffer after reviewing confidential documents and speaking to “people familiar with the matter.” Apparently, Google sought to sway CISPE with a package worth nearly $500 million for more than five years of software licenses and about $15 million in cash.

But CISPE did not take the bait, announcing last week that an agreement was reached with Microsoft, seemingly frustrating Google.

CISPE initially raised its complaint in 2022, alleging that Microsoft was “irreparably damaging the European cloud ecosystem and depriving European customers of choice in their cloud deployments” by spiking costs to run Microsoft’s software on rival cloud services. In February, CISPE said that “any remedies and resolution must apply across the sector and to be accessible to all cloud customers in Europe.” They also promised that “any agreements will be made public.”

But the settlement reached last week excluded major rivals, including Amazon, which is a CISPE member, and Google, which is not. And despite CISPE’s promise, the terms of the deal were not published, apart from a CISPE blog roughly outlining central features that it claimed resolved the group’s concerns over Microsoft’s allegedly anticompetitive behaviors.

What is clear is that CISPE agreed to drop their complaint by taking the deal, but no one knows exactly how much Microsoft paid in a “lump sum” to cover CISPE legal fees for three years, TechCrunch noted. However, “two people with direct knowledge of the matter” told Reuters that Microsoft offered about $22 million.

Google has been trying to catch up with Microsoft and Amazon in the cloud market and has recently begun gaining ground. Last year, Google’s cloud operation broke even for the first time, and the company earned a surprising $900 million in profits in the first quarter of 2024, which bested analysts’ projections by more than $200 million, Bloomberg reported. For Google, the global cloud market has become a key growth area, Bloomberg noted, as potential growth opportunities in search advertising slow. Seemingly increasing regulatory pressure on Microsoft while taking a chunk of its business in the EU was supposed to be one of Google’s next big moves.

A CISPE spokesperson, Ben Maynard, told Ars that its “members were presented with alternative options to accepting the Microsoft deal,” while not disclosing the terms of the other options. “However, the members voted by a significant majority to accept the Microsoft offer, which, in their view, presented the best opportunity for the European cloud sector,” Maynard told Ars.

Neither Microsoft nor Google has commented directly on the reported counteroffer. A Google spokesperson told Bloomberg that Google “has long supported the principles of fair software licensing and that the firm was having discussions about joining CISPE, to fight anticompetitive licensing practices.” A person familiar with the matter told Ars that Google did not necessarily make the counteroffer contingent on dropping the EU complaint, but had long been exploring joining CISPE and would only do so if CISPE upheld its mission to defend fair licensing deals. Microsoft reiterated a past statement from its president, Brad Smith, confirming that Microsoft was “pleased” to resolve CISPE’s antitrust complaint.

For CISPE, the resolution may not have been perfect, but it “will enable European cloud providers to offer Microsoft applications and services on their local cloud infrastructures, meeting the demand for sovereign cloud solutions.” In 2022, CISPE Secretary-General Francisco Mingorance told Ars that although CISPE had been clear that it intended to force Microsoft to make changes allowing all cloud rivals to compete, “a key reason behind filing the complaint was to support” two smaller cloud service providers, Aruba and OVH.

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