Evaluating the First Systemic Risk and Audit Reports Under the Digital Services Act
Feb 23, 2025
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Hillary Ross leads advocacy at the Global Network Initiative, focusing on tech companies and user rights. Magdalena Jozwiak researches systemic risks within the Digital Services Act (DSA), emphasizing human rights implications. Svea Windwehr champions platform regulation and AI oversight at the Electronic Frontier Foundation. They discuss the challenges and insights from the DSA's first systemic risk assessments, stressing transparency, accountability, and the crucial role of clearer guidelines to tackle misinformation and enhance user protections in the digital landscape.
The first systemic risk assessments under the Digital Services Act are primarily compliance exercises, lacking genuine transparency and engagement.
Inconsistent methodologies across companies complicate risk assessment comparisons, highlighting the urgent need for standardized guidelines and improved stakeholder communication.
Deep dives
Introduction of New Associate Editor and Focus on Digital Services Act
The episode features the introduction of Ramshah Jahangir as the new associate editor at Tech Policy Press, highlighting her background in platform governance, digital authoritarianism, and media. The discussion centers around the implementation of the Digital Services Act (DSA), a European law aimed at regulating online platforms. Recently, major platforms published their first systemic risk assessments under this law, detailing the risks associated with their services. Despite their length and complexity, these reports have been met with limited public attention, raising questions about their transparency and effectiveness.
Compliance vs. Transparency in Risk Reporting
The panel discusses the nature of the risk assessments conducted by platforms, describing them primarily as compliance exercises rather than tools for genuine transparency. Many participants express that initial expectations were perhaps too high, as the reports do not highlight significant compliance failures but serve more to meet regulatory obligations. However, these reports can still provide a valuable starting point for pushing companies toward improved risk documentation and management practices. Participants note that while these documents show some insights into platform methodologies, they largely adhere to a technocratic language that may dilute meaningful engagement.
Challenges in Methodologies and Data Access
A major concern raised is the inconsistent methodologies used by different companies for risk assessment, making it difficult to compare reports across platforms. Many companies rely on existing frameworks but lack standardized definitions of risks, which complicates the understanding of systemic threats. This variation highlights the need for regulators to develop clear guidelines for risk assessments to ensure better alignment and accountability. Additionally, the panel emphasizes the critical connection between the risk assessments and researchers' ability to obtain data, suggesting that improved data access is necessary for deeper analysis and understanding.
The Role of Stakeholders in Ensuring Effective Regulation
The conversation shifts to the engagement of stakeholders, noting that effective communication between tech companies and civil society organizations is essential for meaningful DSA compliance. The panelists argue that companies have not sufficiently consulted local organizations, which undermines the quality of risk assessments and could lead to overlooking significant local risks. Greater transparency in how companies engage with stakeholders, as well as between companies and regulatory bodies, is highlighted as a key area for improvement. Overall, the discussions illustrate the need for a more structured approach to stakeholder engagement to foster accountability and responsiveness in the tech sector.
Tech Policy Press Associate Editor Ramsha Jahangir hosts a roundtable discussion on the first systemic risk assessments and independent audit reports from Very Large Online Platforms and Search Engines produced in compliance with the European Union's Digital Services Act. Ramsha is joined by:
Hillary Ross, program lead at the Global Network Initiative (GNI);
Magdalena Jozwiak, associate researcher at the DSA Observatory; and
Svea Windwehr, the assistant director of EU policy at the Electronic Frontier Foundation (EFF).
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