EU’s Breton Vs. X’s Musk: The Duo Spar After The Latter’s Platform Was Found In Breach Of The Digital Services Act – The Cyber Express

Musk said, "We look forward to a very public battle in court," to which Thierry Breton, Commissioner for Internal Market of the European Commission responded: "There has never been — and will never be — any “secret deal”. With anyone. See you (in court or not)."

by Mihir Bagwe July 12, 2024

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The European Commission’s Thierry Breton and platform X (formerly known as Twitter) owner Elon Musk were seen sparring each other – ironically – on the latter’s platform after the commission found X in violation of the Digital Services Act.

The war of words began when Breton tweeted in support of the commissions preliminary findings into X’s non-compliance linked to dark patterns, advertising transparency and data access for researchers.

Breton said: “Back in the day, Blue Checks used to mean trustworthy sources of information. Now with X, our preliminary view is that they deceive users and infringe DSA. We also consider that X’s ads repository and conditions for data access by researchers are not in line with the DSA transparency requirements.”

Breton said that Musk and X now have the right to defense but threatened that “if our view is confirmed we will impose fines and require significant changes.”

Initially, Musk cheekily responded to the tweet saying “How we know you’re real?” possibly referring to the blue tick against Breton’s name. However, a couple of hours later the social media platform owner blew the battle bugle by saying, “The European Commission offered 𝕏 an illegal secret deal: if we quietly censored speech without telling anyone, they would not fine us. The other platforms accepted that deal. 𝕏 did not.”

He then added: “We look forward to a very public battle in court, so that the people of Europe can know the truth.”

Source: X

Breton responded asking Musk to be his guest. “There has never been — and will never be — any “secret deal”. With anyone,” Breton said.

“The DSA provides X (and any large platform) with the possibility to offer commitments to settle a case. To be extra clear: it’s *YOUR* team who asked the Commission to explain the process for settlement and to clarify our concerns. We did it in line with established regulatory procedures. Up to you to decide whether to offer commitments or not. That is how rule of law procedures work.”

The sparring seemed to have stopped for the time being but will be interesting to know whether it will continue or as Breton said: “See you (in court or not).”

Breton Says X in Violation with Dark Patterns, Ad Transparency and Researcher Data Access

The European Commission (EC) flexed its regulatory muscle today, sending a shot across the bow of social media giant X with preliminary findings of non-compliance with the Digital Services Act (DSA).

The DSA, a landmark piece of legislation enacted in November 2022, aims to create a safer and fairer online environment by holding large platforms accountable for content moderation and advertising practices.

The EC’s investigation focused on three key areas:

• Deceptive “Verified Accounts”: The Commission alleges X employs misleading tactics with its “verified account” system, which awards a blue checkmark. They argue the current system, where users can potentially subscribe for verification, undermines users’ ability to discern genuine accounts and the legitimacy of information. The EC points to instances of malicious actors exploiting this system to deceive users.

• Opaque Advertising Practices: X is also accused of failing to provide a transparent and accessible advertising repository. According to the EC, the current system uses design elements and access barriers that hinder users and researchers from effectively scrutinizing online advertising practices. This lack of transparency hampers efforts to identify and mitigate emerging risks associated with online advertising.

• Limited Researcher Data Access: The EC further found X’s current approach to public data access for researchers falls short of DSA requirements. Specifically, X reportedly prohibits researchers from independently accessing public data through techniques like scraping, a practice explicitly permitted by the DSA’s terms. The API access process for researchers is also criticized for being cumbersome and potentially dissuasive, with some researchers facing exorbitant fees.

These preliminary findings initiate a formal process where X can respond to the EC’s concerns. They have the right to examine the investigation file and submit a written defense. The European Board for Digital Services will also be consulted.

If the EC’s preliminary findings are upheld, X could face significant consequences. Potential sanctions include fines up to 6% of its global annual turnover and mandated corrective actions to address the identified violations. The EC may also impose enhanced supervision or even periodic penalty payments to ensure compliance.

“Today we issue for the first time preliminary findings under the Digital Services Act. In our view, X does not comply with the DSA in key transparency areas, by using dark patterns and thus misleading users, by failing to provide an adequate ad repository, and by blocking access to data for researchers. The DSA has transparency at its very core, and we are determined to ensure that all platforms, including X, comply with EU legislation.”  – Margrethe Vestager, Executive Vice-President for a Europe Fit for the Digital Age

This move by the EC signals a strong commitment to enforcing the DSA and holding Very Large Online Platforms (VLOPs) accountable. The investigation against X follows similar actions initiated against TikTok, AliExpress, and Meta earlier this year. Security professionals and researchers closely following the evolution of the online landscape will be keenly interested in the outcome of this case and its potential impact on the broader VLOP landscape.

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