The Milltown Tech Policy Conversation #5: rebooting for 2024 + what you need to know in tech policy
In Summer 2023, we launched the Milltown Tech Policy Conversation to consider some of tech policy’s most pressing questions, with the help of some of the most influential thinkers in the field. We spoke with Sarah Hunter (ARIA, NESTA, ex-Google X), Zvika Kreiger (Meta’s first Director of Responsible Innovation), Tony Blair (Tony Blair Institute for Global Change and former Prime Minister) and Dorothy Chou (Director of Policy and Public Engagement at Google DeepMind).
Then, in November, we were joined by the wonderful team formerly known as Taso Advisory, who are now colleagues in London and Brussels. Together, we’re a group of tech geeks and policy wonks united in the belief that, for tech companies, the best policy work is rooted in a deep understanding of both product and politics. We advise on policy strategy, backed by intelligence and primary research, and help shape the policy environment through engagement and communications.
Just as in the best new marriages, we’ve been busy merging our minds and our assets (including the old Taso monthly newsletter!) which is why we’re relaunching this newsletter to include more intelligence and smart thinking from our team alongside insightful interviews. We have an exciting new slate of tech policy leaders lined up to speak to us starting next month, so consider this the teaser. For now, please read on for our thoughts on the most important recent developments in tech policy.
A year of elections, AI and more
The new year has started with a bang for tech policy, and legislators aren't slowing down. Unsurprisingly, AI remains top of the agenda in both the UK and the EU. The UK Government has stuck to its guns on a non-statutory, "pro-innovation" approach, leaving individual sectoral regulators to set the rules and shunning AI-specific legislation (for now). Conversely, the EU has passed its AI Act, which creates a new set of rules for AI developers and deployers, and is getting on with delivery, having now established its AI Office. But it's not just AI. Both the EU and the UK have been motoring ahead with legislating, implementing and enforcing new rules on content, competition, data and more (see below).
All of this comes in a year of elections, with over half the world's population going to the polls and the risk of AI-fuelled misinformation looming large.
In the UK it looks likely that we'll have a new party of government after 14 years of Conservative/Conservative-led government. The Labour Party, which has recently been finalising its General Election manifesto, is also planning to release its proposed approach to AI regulation next month. Early signs from Shadow Technology Secretary Peter Kyle indicate that the Party will introduce statutory requirements for AI companies to notify the government of their plans to deploy new models, and share test results.
In the EU it looks likely that the majority of MEPs will be new, and that there will be a shift to the right. The newly constituted European Parliament may well look again at the bloc’s approach to AI. That will be with a new, likely even more nationalistic, lens after this week’s Mistral/Microsoft announcement. A particular focus will be dedicated to competition, employment and copyright.
In the US, we look set to have a repeat of 2020, with the result far from clear.
We've been working with our clients to both understand the state of play for tech policy right now, and to game out and plan for inevitable post-election shifts market by market. In an increasingly fragmented world, clear, cross-market strategies are more important than ever.
Key developments - February 2024
UK: UK Government drops work on a voluntary approach to AI and copyright disputes as industry talks collapse (link) - In its response to the AI white paper consultation, the Government confirmed it had dropped work on a voluntary 'code of practice' for how AI developers can access copyrighted data on which to train their models. Talks convened by the Intellectual Property Office had been ongoing between copyright holders and AI developers. These broke down after they failed to reach a consensus, with reports indicating the talks were 'acrimonious and unproductive'. DSIT is now considering whether to bring forward legislation instead.
UK: Lords Communications and Digital Committee publishes report on LLM inquiry (link) - The House of Lords Communications and Digital Committee published the report of its inquiry into large language models (LLMs), which finds that the Government’s approach to LLMs has become too focused on a narrow view of AI safety.
UK: Online Safety Act communications offences come into force (link) - New communications offences added through the passing of the Online Safety Act are now in force. The offences, outlined in Part 10 of the Online Safety Act, include false communications, threatening communications, sending or showing flashing images electronically to harm individuals with epilepsy and encouraging or assisting in serious self-harm. More consultation will come from Ofcom in the coming months on the new regime.
UK: Data Bill passage delayed (link) - The Data Protection and Digital Information (DPDI) Bill, which was due back in the Lords towards the end of February, has been delayed, and is now more likely to return to the House of Lords in the second half of March. The DPDI Bill has been granted an extension of 280 days - it must now pass by 12 December 2024.
UK: Independent review of cyber as an enabler commissioned (link) - The Government has commissioned Stephen McPartland MP (Con, Stevenage) to conduct a review of the role of cyber security as an economic enabler. The review will report in Spring 2024.
EU: Digital Networks Act thinking progresses (link) - The European Commission published a white paper looking at the current state of the EU’s telecoms market, the challenges it faces, and how to address them. The white paper is open for public feedback until June 2024, and will contribute to the future Digital Networks Act.
EU: ePrivacy derogation prolonged (link) - The European Council and Parliament have reached a provisional agreement to extend a temporary derogation to ePrivacy Directive for detecting online child sexual abuse material (CSAM) until 3 April 2026.
EU: Apple hit with a €500m antitrust fine (link) - The European Commission is planning to impose a €500m fine on tech giant Apple over an antitrust investigation on its music services. The Commission’s probe concluded that Apple used its platform to promote its own services over others in an unfair way, following a complaint by Spotify in 2019.
EU: The Commission hasn’t forgotten about the metaverse (link) - The European Commission has launched a call for tenders for a pilot project aimed at virtual worlds and the transition to ‘web 4.0’. This project aims at informing EU policy makers on the rising challenges of virtual worlds by fostering a discussion with civil society, industry, and technical experts. No, we don’t know what web 4.0 is either.
EU: The DSA is now applicable to all services (link) (link) - As of 17 February 2024, the Digital Services Act (DSA) applies to all intermediary services operating in the EU, hosting services, online platforms as well as very large online search engines (VLOSEs), and very large online platforms (VLOPs). It sets out binding rules designed to protect internet users from illegal content and products online. The Commission recently opened a consultation on draft guidelines on best practices and possible measures to mitigate systemic risks on the concerned platforms, particularly in the framework of election integrity.