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The European Union began the process of creating guidelines for Big Tech companies to help fend off misinformation and election interference that can circulate via online media platforms. In time, the U.S. could follow in its footsteps.

The European Union reached out to a group of large tech companies including Meta, Apple, and Google in February, asking if they've taken any steps to make their internal data more accessible ahead of the upcoming slate of elections. It would make sense for the EU to ask for user information on these platforms in an attempt to discern just how many bots are using them--bots in the past have fueled misinformation campaigns by circulating false claims about candidates, which can influence voters.

There is a distinction between misinformation and disinformation: the former might just get the facts wrong, but the latter intentionally looks to circulate false information to mislead people.​ The EU wants tech companies to lay out their own prevention measures for misinformation and disinformation in an election year, especially as artificial intelligence grows more sophisticated. The Biden robo call that circulated last month ahead of the New Hampshire primaries is a prime example of the threat that AI poses to an election.

These first-of-their-kind guidelines "aim to present Very Large Online Platforms and Search Engines with best practices and possible measures to mitigate systemic risks on their platforms that may threaten the integrity of democratic electoral processes," the EU said in a statement Thursday. Besides in the U.S., elections throughout Europe, South Korea, Ghana and more will be held in 2024.

The EU's announcement begs the question: Will the U.S. follow suit? Some argue it might.

"The European Union has often acted as a regulatory vanguard in the tech sector, setting stringent standards that have a global ripple effect," says Beth Simone Noveck, a director at the Burnes Center for Social Change at Northeastern University. "Its proactive stance on issues like data privacy, competition, and digital taxation has compelled the U.S. to reevaluate and sometimes strengthen its own regulatory framework."

The EU's landmark data privacy law, General Data Protection Regulation, comes to mind. While the U.S. didn't prop up its own national data privacy law, states like California deployed similar policies in its aftermath that better protect private personal information.

There's also the potential for tech companies to work out guidelines that apply not just to the EU, but beyond EU territory as well. These platforms already span international waters, after all.

Some tech companies are taking action: OpenAI announced in January that it would start watermarking AI-generated content. Meta this past week said it would do the same via its platforms later this year.

But will it be enough? It's not like social media platforms haven't tried to tackle this issue before, and sometimes it's not even in their best interest to do so.

"Their algorithms, designed to maximize user engagement, inadvertently incentivize the circulation of provocative content and sensational headlines--areas where bots excel," says Sam Crowther, the CEO of the New York City-based Kasada, a computer and network security company that provides a bot mitigation tool.

Just look at Elon Musk's X, the platform formerly known as Twitter. While Musk attempted to clamp down on bots by charging subscription prices to be verified on the platform, it hasn't made much of a dent, Crowther says. Musk announced plans in late January to create a new content moderation center for the platform, a change in its tune after Musk bought the platform last year and, subsequently, made deep cuts to its safety and moderation teams.

A large question swirling around Congress is how to better moderate these platforms and prop up guardrails to regulate AI. But there is the matter of if the U.S. government can legally follow in the EU's footsteps. There is the First Amendment to think about, suggests Steve Stransky, a partner at the Cleveland-based business law firm Thompson Hine.

"A legislative mandate or regulatory enforcement action impacting internet-based content would constitute 'state action' and would likely implicate these First Amendment protections," Stransky said. "Although the European Union, private companies, and others are seeking to influence how social media platforms address information dissemination and election integrity, there are constitutional limits to what the U.S. government can legally do in this context."

If that ends up being the case, perhaps its another question for the courts, which are already weighing the high-stakes case of whether or not to ban former President Donald Trump from state ballots. Between that and the proliferation of AI, it's safe to say that this year is bound to be an election year like no other.

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QOSHE - The EU Is Pushing Tech Titans to Help Preserve Fair and Free Elections. Can the U.S. Do the Same? - Melissa Angell
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The EU Is Pushing Tech Titans to Help Preserve Fair and Free Elections. Can the U.S. Do the Same?

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09.02.2024

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The European Union began the process of creating guidelines for Big Tech companies to help fend off misinformation and election interference that can circulate via online media platforms. In time, the U.S. could follow in its footsteps.

The European Union reached out to a group of large tech companies including Meta, Apple, and Google in February, asking if they've taken any steps to make their internal data more accessible ahead of the upcoming slate of elections. It would make sense for the EU to ask for user information on these platforms in an attempt to discern just how many bots are using them--bots in the past have fueled misinformation campaigns by circulating false claims about candidates, which can influence voters.

There is a distinction between misinformation and disinformation: the former might just get the facts wrong, but the........

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