Consistency Called Key to Regulating Big Tech

Global digital technology rules should be compatible, not identical, speakers said at a Thursday Politico virtual event. There's discussion about the new Trade & Technical Council (TTC) (see 2109290006) because, in an interconnected world, what's relevant in one country becomes relevant in others, said former FCC Chairman Tom Wheeler, now Brookings Institution visiting fellow and Harvard Kennedy School senior fellow: The TTC effort must be to agree on consistent rules.

Speakers said the launch of the TTC is a good start. "Hooray, we are back thinking about a multilateral world again," said Wheeler. The TTC seems like a big change for the U.S., said Karen Kornbluh, director of the German Marshal Fund of the U.S.' digital innovation and democracy initiative. Under the Trump administration, the U.S. was extremely hands-off on China and on big tech, but that the TTC is now tackling these issues in a multilateral context feels like "seismic changes." Google strongly backs establishing some common ground on trade and digital policy, said Economic Policy Director Adam Cohen.

Platform regulation wasn't part of the initial TTC meeting, but the EU is looking forward to talks in the spring, said Vera Jourova, European Commission vice president-values and transparency. The EU is ahead of the U.S. in regulating platforms and welcomes the chance to share its views on the Digital Services Act (DSA), initiatives on political advertising, and how the two sides can guarantee that the digital space respects shared values, she said.

Asked what legislation she would like trans-Atlantic cooperation on in the short term, Jourova said the DSA/Digital Markets Act could be finalized under the upcoming French Council Presidency and by 2023-24. The EU doesn't want an identical U.S. law, but these measures could provide inspiration for legislation based on the same principles. Jourova also would like U.S. laws requiring more accountability and transparency from platforms and on privacy, adding there may also be common areas on AI.

Given the state of affairs in Congress, legislation isn't likely, said Kornbluh. She said the TTC hinted at another route: Multistakeholder initiatives that complement national approaches, such as codes of conduct. The Biden administration understands chances of legislation are slim and seems to be looking to get aggressive with regulation, Wheeler said: That means courts will make final decisions on rules, also a slow process. Technology doesn't stand still while TTC talks take place and neither do China and Russia, said Kornbluh, saying the EU and U.S. are late to the game.

Asked whether there's a route for the EU to uphold its data protection rules while allowing the U.S. to retain its national security laws, Jourova said yes, with a more proactive approach. The EU has strong jurisprudence from the European Court of Justice on privacy and won't sign any agreement that could lead to another annulment, she said. U.S. law makes it harder for it to guarantee equivalent data protections, so other measures will have to fill in the gap in the absence of a federal law, she said.

The EU and U.S. must speak with a "united voice" on setting standards for the digital age, said European Parliament Special Committee on Artificial Intelligence in a Digital Age Chair Dragos Tudorache separately Thursday. He urged parliament and Congress to coordinate in the future on regulatory convergence alongside TTC talks.