12 June 2024

The EU Is Taking on Big Tech. It May Be Outmatched

LUCA ZORLONI

The latest in a series of duels announced by the European Commission is with Bing, Microsoft’s search engine. Brussels suspects that the giant based in Redmond, Washington, has failed to properly moderate content produced by the generative AI systems on Bing, Copilot, and Image Creator, and that as a result, it may have violated the Digital Services Act (DSA), one of Europe’s latest digital regulations.

On May 17, the EU summit requested company documents to understand how Microsoft handled the spread of hallucinations (inaccurate or nonsensical answers produced by AI), deepfakes, and attempts to improperly influence the upcoming European Parliament elections. At the beginning of June, voters in the 27 states of the European Union will choose their representatives to the European Parliament, in a campaign over which looms the ominous shadow of technology with its potential to manipulate the outcome. The commission has given Microsoft until May 27 to respond, only days before voters go to the polls. If there is a need to correct course, it may likely be too late.

Europe’s Strategy

Over the past few months, the European Commission has started to bang its fists on the table when dealing with the big digital giants, almost all of them based in the US or China. This isn’t the first time. In 2022, the European Union hit Google with a fine of €4.1 billion because of its market dominance thanks to its Android system, marking the end of an investigation that started in 2015. In 2023, it sanctioned Meta with a fine of €1.2 billion for violating the GDPR, the EU’s data protection regulations. And in March it presented Apple with a sanction of €1.8 billion.

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