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EU digital enforcement barometer amid rising pressure from US Big Tech

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EU digital enforcement barometer amid rising pressure from US Big Tech

The European Commission will conclude several investigations launched against Big Tech in the coming months. As US tech giants pressure the EU to retreat and align with laissez faire tone struck by the incoming Trump administration, we take stock of the ongoing probes.

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The two-year anniversary of the introduction of the EU Digital Markets Act (DMA) – rules that aim to ensure fair competition in online platforms – is approaching, and with it come deadlines in outstanding probes into US tech giants Apple, Meta and Alphabet. 

We look at the enforcement action the European Commission has taken up till now, and what to expect under the EU executive’s new mandate and the second administration of US President Donald Trump. 

Incoming Trump administration

In September 2023 the Commission identified six gatekeepers under the Digital Markets Act: Alphabet, Amazon, Apple, ByteDance, Meta and Microsoft, who together account for 22 core platform services that fall under the scope of the rules. Last year, it added hotel renting website Booking.com to the list. They all had six months to comply with the rules. 

Under the DMA, these companies need to ensure they offer more choice and more freedom to end users and business users.

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However, the new Republican administration led by Donald Trump, which will be inaugurated on 20 January, is likely to pose new challenges for the Commission. 

Some of the Big Tech CEOs have spoken out against stringent EU regulation, and changed some of their fact-checking and inclusion policies in the US. If those changes were to apply in the EU as well, that would raise questions about the compliance with the DMA’s sister-legislation, the Digital Services Act (DSA), which obliges platforms to tackle illegal content and protect minors online.

Meta CEO Mark Zuckerberg has sought to improve his relationships with the incoming president: following Trump’s election victory in November, Zuckerberg flew to Florida and dined with the Republican at his Mar-a-Lago club. 

Earlier this month, Meta announced that it would replace Meta’s fact-checkers in the US with a “community notes” system similar to Elon Musk’s platform X. 

EU Commission changes

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Henna Virkkunen, the EU Commissioner for Tech Sovereignty, Security and Democracy, told a press conference last week that despite these developments, the Commission is “fully enforcing the regulations – both the DSA and the DMA – there have not been any delays.” 

“Everyone doing business here needs to respect the rules. What we want to achieve is a fair and safe environment,” she added. 

J. Scott Marcus, a researcher at the Brussels based think tank the Centre for European Policy Studies (CEPS), told Euronews that the change of US administration “will create far more political tensions relative to the DSA than it does for the DMA.”

“The Trump administration is likely to complain incessantly about the protections that DSA provides for, against dissemination of lies and disinformation into the EU. The DMA, by contrast, is largely a matter between the firms and the EU, and the US government is not as much involved,” he added. 

On the EU-side, the situation has changed as well: the DMA was spearheaded by Margrethe Vestager, long-time EU competition chief who dealt with many high-profile competition cases, but will now be taken over by Spain’s Teresa Ribera, who has a background as a national energy minister. 

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Antitrust is just part of her portfolio, she is also in charge of climate and industry dossiers. Whether this will mean a change of course, remains to be seen.  

Daniel Friedlaender, Senior Vice-President at tech lobby CCIA, said that the DMA process was “needlessly politicised, moving away from the intended goals and towards decisions by tweet.”

“If a review can help get back to the initial clear objectives, namely to increase contestability and fairness, then a pause for reflection can help,” he added.

Outstanding probes

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The Commission started its first DMA probes last year. On 25 March, the EU executive opened non-compliance investigations into Alphabet – Google’s owner – Apple and Meta. In the meantime, the EU enforcer has sent preliminary findings to Apple and Meta.

Regarding Apple, the investigation found in June that the App Store rules were in breach of the DMA as they prevent app developers from freely steering consumers to alternative channels for offers and content. 

Concerning Meta, the Commission considered in July that its binary decision to force citizens to either pay or give up their data to use the service does not comply with the DMA.

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After receiving the findings, gatekeepers can defend themselves and reply in writing. The Commission has 12 months starting from the opening of the proceedings to adopt a non-compliance decision. In case of an infringement, the gatekeepers risk fines up to 10% of their total worldwide turnover and up to 20% in case of repeated infringements.

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The other investigations launched in March 2024 concern Alphabet’s rules on steering in Google Play, whether Alphabet favours its own services such as Google shopping in search results on its search engine and whether Apple’s measures prevent users from freely choosing browsers outside Apple’s ecosystem.

The Commission has also said that it has started gathering information to clarify whether Amazon may be preferencing its own brand products on the Amazon Store. 

A third non compliance investigation aimed at Apple was also opened in June into the tech giant’s new contractual terms for developers to access alternative app stores and the possibility to offer an app via an alternative distribution channel.

A Commission spokesperson said last week that the technical phase of those investigations were still ongoing, adding “we need to be sure we win those cases in court, we need to be strong enough.”

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Canada to provide $2.5 billion in economic aid for Ukraine, prime minister says

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Canada to provide .5 billion in economic aid for Ukraine, prime minister says

Dec 27 (Reuters) – Canadian Prime Minister Mark Carney on Saturday announced an additional $2.5 billion of economic aid for Ukraine.

The assistance will help Ukraine unlock financing from the International Monetary Fund, Carney said during an appearance with Ukrainian President Volodymyr Zelenskiy, who also spoke briefly to reporters.

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Reporting by Jasper Ward in Washington; Editing by Sergio Non and Matthew Lewis

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Hamas builds new terror regime in Gaza, recruiting teens amid problematic election

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Hamas builds new terror regime in Gaza, recruiting teens amid problematic election

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Hamas is rebuilding a new Gaza terror apparatus and using the ceasefire with Israel to boost its military, restore a problematic leadership structure and recruit a new generation of teenage fighters, according to a leading national security analyst.

Professor Kobi Michael, a senior researcher at the Institute for National Security Studies and the Misgav Institute, told Fox News Digital that the pause in fighting has given Hamas breathing room to regroup.

“Everything that is happening will continue happening as long as Hamas continues to effectively control the western part of the Gaza Strip,” Michael said.

“Generally speaking, Hamas now has full freedom of movement,” he warned.

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TWO IDF SOLDIERS KILLED AMID ‘SEVERE’ CEASEFIRE VIOLATION, ‘IT’S NOT THE LAST,’ ANALYST SAYS

Hamas terrorists stand guard on the day of the handover of hostages held in Gaza since the deadly October 7, 2023, attack.  (Hatem Khaled/Reuters)

Since Israeli forces withdrew from parts of Gaza in October under a new ceasefire framework, Hamas has moved to fill the power vacuum.

At the time, police forces returned to the streets as Hamas fighters targeted and executed suspected opponents.

Multiple reports indicate Hamas is now rebuilding across significant portions of Gaza, including areas where the Israel Defense Forces (IDF) previously operated.

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A December report by the Jewish News Syndicate found that Hamas is “actively rebuilding its regime of terror” in nearly half of the territory it controls.

TREY YINGST: HAMAS MUST ACCEPT TRUMP PEACE PLAN TO END WAR ONCE AND FOR ALL

Banners with the photograph of Yahya Sinwar, the Hamas terrorist leader who was killed in an Israeli attack, are hung on the streets in Tehran, Iran on Oct. 19, 2024. The giant banner hung in Palestine Square read, “Sinwar’s Storm continues.”  (Fatemeh Bahrami/Anadolu via Getty Images)

Hamas is also preparing to elect a new political leader following the deaths of Ismail Haniyeh and Yahya Sinwar, the mastermind of the Oct. 7 massacre in Israel.

According to The Jerusalem Post, senior Hamas figures Khalil al-Hayya and Khaled Mashaal are the contenders, with Hayya seen as the favorite because of his popularity in Gaza and his role in the West Bank.

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Michael said the leadership race is unlikely to alter Hamas’s already dangerous course.

“Both leaders are problematic,” he said. “Each one, in his own way, is considered to be more militant and more radical in his Gazan orientation and his support for armed resistance.”

Even Mashaal, often described as more politically oriented, “is still in favor of the continuation of armed resistance,” Michael added.

TRUMP WARNS HAMAS WILL BE ‘HUNTED DOWN, AND KILLED’ UNLESS ISRAELI HOSTAGES RELEASED BY SUNDAY

Hamas politburo member Khalil al-Hayya attends a news conference in Damascus, Syria October 19, 2022.  (Yamam al Shaar/REUTERS/File Photo)

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“When it comes to Hamas, it doesn’t really matter who is going to be the next political leader of this terror organization.”

Michael said one of the most alarming developments is Hamas’s growing success in recruiting teenagers during the ceasefire.

“It has become very easy for Hamas to recruit teenagers now because they effectively control the western part of the Gaza Strip,” he said, noting Hamas has become “the most reliable employer in the Gaza Strip,” offering small incomes to boys as young as 16 or 17.

“It seems to be very natural for them to join Hamas, because some of them have also lost relatives, and therefore there’s a revenge incentive.”

“They also might prefer to be in the bullyish-types of neighborhoods, like in the ghettos in Chicago,” he said.

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Michael suggested that because Hamas has “full freedom of movement, they have also been rebuilding tunnels.”

“They also appointed new governors to the different districts in Gaza and are reconstituting their government and military stockpiles,” Michael added.

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US visa ban targets ex-Commissioner Breton over alleged censorship

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US visa ban targets ex-Commissioner Breton over alleged censorship

The US State Department on Tuesday imposed visa bans on a former European Union commissioner and four others, accusing them of forcing American social media platforms to censor users and their viewpoints.

US Secretary of State Marco Rubio said the five people targeted with visa bans “have led organised efforts to coerce American platforms to censor, demonetise, and suppress American viewpoints they oppose”.

“These radical activists and weaponised NGOs have advanced censorship crackdowns by foreign states – in each case targeting American speakers and American companies,” Rubio said in a statement.

Rubio did not initially name those targeted, but US Under Secretary for Public Diplomacy Sarah Rogers identified them on X, accusing the individuals of “fomenting censorship of American speech”.

The most high-profile target was Thierry Breton, a French former business executive who served as European Commissioner for the Internal Market from 2019 to 2024.

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Rogers described Breton as the “mastermind” of the EU’s Digital Services Act (DSA), the EU digital sphere rulebook that imposes content moderation and other standards on major social media platforms operating in Europe.

The visa bans also targeted Anna-Lena von Hodenberg and Josephine Ballon of the German nonprofit HateAid, Clare Melford, co-founder of the UK-based Global Disinformation Index, and Imran Ahmed, the British chief executive of the US-based Center for Countering Digital Hate.

Breton responded to the visa ban on X by writing: “Is McCarthy’s witch hunt back?”

“As a reminder: 90% of the European Parliament — our democratically elected body — and all 27 member states unanimously voted for the DSA,” Breton added. “To our American friends: ‘Censorship isn’t where you think it is.’”

French Foreign Minister Jean-Noël Barrot said France “strongly condemns” the visa restrictions, adding that Europe “cannot let the rules governing their digital space be imposed by others upon them”.

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“The Digital Services Act (DSA) was democratically adopted in Europe … it has absolutely no extraterritorial reach and in no way affects the United States,” Barrot said.

The three nonprofits have also rejected Washington’s claims and criticised Tuesday’s visa ban decision.

The letter that started it all?

Rogers specifically referenced a letter Breton sent to X owner Elon Musk in August 2024, ahead of an interview Musk planned to conduct with then-US presidential candidate Donald Trump.

In the letter, Breton warned Musk that he must comply with the Digital Services Act, according to reports at the time.

Rogers accused Breton of having “ominously reminded Musk of X’s legal obligations and ongoing ‘formal proceedings’ for alleged noncompliance with ‘illegal content’ and ‘disinformation’ requirements under the DSA.”

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In February, US Vice President JD Vance used one of his first major speeches after taking office to criticise what he described as censorship efforts in Europe, delivered at the Munich Security Conference.

He claimed that leaders had “threatened and bullied social media companies to censor so-called misinformation,” citing the example of the COVID-19 lab leak theory.

The DSA stipulates that major platforms must explain content-moderation decisions, provide transparency for users and ensure researchers can carry out essential work, such as understanding how much children are exposed to dangerous content.

The EU digital rulebook has become a rallying point for US conservatives who see it as a weapon of censorship against right-wing voices thought in Europe and beyond, an accusation Brussels denies.

The European Commission dismissed US censorship allegations back in August, calling them “nonsense” and “completely unfounded”.

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Earlier this month, the European Commission found Musk’s X in breach of DSA rules on transparency in advertising and verification methods, sparking another uproar in the US.

Romane Armangau contributed additional reporting.

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