[DSA-Alliance] [URGENT] DSA trilogue to be finalized soon: new statement of the alliance

Christoph Schmon christoph at eff.org
Tue Apr 19 07:59:42 PDT 2022


Hi Dia, and all,

Many thanks for helping with the review!

Thanks also for pointing out the challenges of coordinating the DSA HR alliance efforts, some of which we had discussed during our last meeting – such as to think of whether certain alliance members would like to step up and take on a more leading role, for example in running a (second) meeting to address time constraints due to different time zones.

So far, Access Now and EFF have been doing much of the heavy lifting, which involves a lot of invisible work. Unfortunately, informal trilogues are coined by a “bargaining in the shadow of the law” process and we mainly work with lobby contacts and leaked documents, many of which are in a flux. We thus work with extremely short deadlines, which makes it sometimes challenging to give updates and work individually with members. On the other hand, it’s great that some alliance members, including yourself, have taken on a more prominent role already, which we believe will be crucial if we want to continue increasing our impact. So, we totally appreciate the discussion, and we would gladly put it on the agenda of the next DSA HR alliance meeting! From our side, we are regularly discussing how to make coordinating more effective. A first step was done by making sure that Filip will be continuing to support coordination work – now for EFF. We will also send out a doodle soon to agree on a bi-weekly/monthly meeting.

To the latest draft letter – at all: please take a look HERE<https://docs.google.com/document/d/1qUNc-DvTK_xkBim47xf0-Hl4tdfQqRCPCEK56UyQ1xg/edit> if you can! – we understand the time difficulty, but I would also like to remind you that we had agreed in March to lighten the work by making sure that all alliance members could contribute to it. On 21 March, we shared the new folders and added relevant documents in there. We also created a first draft scaffold and added comments for alliance members to make the drafting process easier. However, until last week, there was no activity on the document, and it was not yet confirmed that the last trialogue would take place this Friday. This is why Eliska and I rushed to take the lead and prepared a comprehensive draft ourselves – which was extremely difficult time-wise given that we had to work non-stop due to last-minute Council developments (including the crisis response mechanism) and family commitments (some of which we neglected for drafting this letter).

Many thanks for your understanding! I agree that we should also work on a process that makes the signing-on simpler. For this statement, we tried to stay as close as possible to our December-statement to not cause any additional international discussions. If we don’t get a significant number of signatures by eob, we propose that those organizations who support the letter should make it public on their webpages or support it through twitter and other channels.

Finally, the private meeting of the DSA alliance will be held during RightsCon 2022. We wish to use this occasion to discuss the future work of the alliance, its structure and priorities. We will soon provide more updates about the meeting via our mailing list.

Let me know if this makes sense for you and don’t hesitate to ping us for any questions.

All the best,
Christoph


From: DSA-Alliance <dsa-alliance-bounces+christoph=eff.org at lists.eff.org> on behalf of Kayyali, Dia J. <kayyalin at uchastings.edu>
Date: Tuesday, 19 April 2022 at 11:47
To: Eliška Pírková <eliska at accessnow.org>
Cc: dsa-alliance at eff.org <dsa-alliance at eff.org>, Filip Lukáš <filip.lukas at eff.org>, Karen Gullo <karen at eff.org>
Subject: Re: [DSA-Alliance] [URGENT] DSA trilogue to be finalized soon: new statement of the alliance

Hi there,
I will review this statement in the next few hours, but I want to express my concern about this process.

Friday and Monday were holidays in Germany, meaning I have only today to review this. However, even if they hadn’t been, 3 working days is nowhere near enough time to suggest changes to a shared statement and integrate them. We could have worked on this as a shared document earlier in the week. Eliska, I of course really appreciate all the work you have done! I’m just suggesting that the process could have been different.

It also would have been nice to get updates about what was happening with the crisis amendment via this mailing list, instead of finding out on Twitter. That’s happened with several changes now, and since Mnemonic is not an EDRI member, we have no way of knowing about these things unless we get the heads up here or from MEP Breyer. There’s no other mailing list we can go to get that information that I know of.

Finally, I’m not sure about putting out a statement in the name of the alliance without any response from members that they are okay with that, especially since we did not discuss doing that in any meeting in the past (ie at the last meeting if we had said the process for statement going out is to just not object to it, but I don’t think we did so unless I missed it).

I appreciate the goal of the DSA alliance. To achieve that goal, I believe it is important to provide small updates and time to work collaboratively, especially when some of us are coming from tiny organizations and have little to no resources. Considering that there are staff supporting the alliance, perhaps delegating some of the communication could help. I’m not sure how much this alliance will really do going forward, but I hope that these problems can be addressed.

Best,
Dia



On Apr 15, 2022, at 5:32 PM, Eliška Pírková <eliska at accessnow.org<mailto:eliska at accessnow.org>> wrote:

Dear members of the alliance,

As the DSA negotiations are approaching their end, we would like to share with you a new joint statement<https://docs.google.com/document/d/1qUNc-DvTK_xkBim47xf0-Hl4tdfQqRCPCEK56UyQ1xg/edit> that we wish to deliver to negotiating teams on behalf of the alliance.

DSA update:
Major positive outcomes were achieved and sustained in the the DSA proposal. Having said that, there are several remaining issues that new joint statement tackles. These are:

  1.  Limits of automated decision making and risks of content over-removals: Article 7a that contains prohibition of legally mandated automated decision making is still in danger, since Council of the EU demands its deletion from the text;
  2.  Transparency reporting obligations for providers of intermediary services: The statement underlines its importance that has become even more significant due to the war in Ukraine;
  3.  Risks assessment and mitigation of risks measures: Article 27 and Recital 58 now contains direct reference to the Code of conduct against illegal hate speech that is highly problematic;
  4.  Crisis response mechanism: this is a new addition to the DSA proposal resulting from the was in Ukraine and consequent political pressure. However, the overly broad scope of this latest measure is worrisome.
Our new statement is significantly informed by the one from December 2021<https://docs.google.com/document/d/1kSqyqcic9GDHzJO0b7CUfBXM5pS7moRQJKB9VcqrbKk/edit>. For better clarity, I am also sharing the most recent 4 columns document (in the attachment).

DSA Timeline:
The next technical negotiations will take place on 19 April and the final political trilogue is currently planned for Friday, 22 April. If everything goes well (which might not) we will have first political agreement on the DSA finalized by the end of next week.

Next steps:
We would like to kindly ask you to review the statement by Tuesday, 19 April, COB. Unless organizations that signed the December 2021 statement object their participation, your name will be automatically added to the list of signatories. If any new organization would like to join, please express your interest by next Tuesday.

We will publish the statement with complete list of signatories on Wednesday, 20 April. The statement will be supported by twitter action. We would really welcome if all signatories will republish the statement on their respective websites and join Twitter initiative.

Should you have any further questions, do not hesitate to get in touch.

Many thanks for your support. We look forward to hearing from you soon.

Best wishes,
Eliska

Eliska Pirkova
Europe Policy Analyst and Global Freedom of Expression Lead
Access Now | https://www.accessnow.org<https://www.accessnow.org/>
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