Don’t Sleep on the EU’s Digital Markets and Digital Services Acts

(This is a preview of a piece I’m working on for Signal360, to be published next week.)

“The US litigates, the EU legislates.” That’s what one confidential source told me when I asked about the Digital Services Act and the Digital Markets Act, the European Union’s twin set of Internet regulations coming into force this year. And indeed, even as the United States government continues an endless parade of lawsuits aimed at big tech, the EU has legislated its way to the front of the line when it comes to impacting how the largest and most powerful companies in technology do business. It may be tempting to dismiss both the DSA and the DMA as limited to only Europe, and impacting only Big Tech, but that would be a mistake. It’s still very early – much of the laws’ impact has yet to play out – but there’s no doubt the new legislation will drive deep changes to markets around the world. And even if you aren’t a digital platform, your own business practices may well be in for meaningful change.

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On AI: What Should We Regulate?

EU classification of AI risk.

I’ve been following the story of generative AI a bit too obsessively over the past nine months, and while the story’s cooled a bit, I don’t think it any less important. If you’re like me, you’ll want to check out MIT Tech Review’s interview with Mustafa Suleyman, founder and CEO of Inflection AI (makers of the Pi chatbot). (Suleyman previously co-founded DeepMind, which Google purchased for life-changing money back in 2014.)

Inflection is among a platoon of companies chasing the consumer AI pot of gold known as conversational agents – services like ChatGPT, Google’s Bard, Microsoft’s BingChat, Anthropic’s Claude, and so on. Tens of billions have been poured into these upstarts in the past 18 months, and while it’s been less than a year into since ChatGPT launched, the mania over genAI’s potential impact has yet to abate. The conversation seems to have moved from “this is going to change everything” to “how should we regulate it” in record time, but what I’ve found frustrating is how little attention has been paid to the fundamental, if perhaps a bit less exciting, question of what form these generative AI agents might take in our lives. Who will they work for, their corporate owners, or …us? Who controls the data they interact with – the consumer, or, as has been the case over the past 20 years – the corporate entity?

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