Tech Pro Brief

Wed 30 October 2024 | View online
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Thank you for joining us for our daily Tech Pro briefing. Today we are covering the fallout from the Commission’s no-show at the Berlin Porn Film Festival, AI and copyright, and telecoms consolidation.


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🟡 Top stories

The Berlin kerfuffle

The European Commission’s DG CNECT was a no-show at a panel happening alongside the Berlin Porn Film Festival on 22 October, "an independent, non commercial, not publicly funded film festival centered around the topics of sexuality, politics, feminism, gender diversity, post porn and body politics."


It was to be a "historic moment" for the adult creator industry, Ana Ornelas, who represented the Digital Intimacy Coalition at the panel, told Euractiv. The industry has been asking for a seat at the table in the implementation of the DSA, which has increasingly veered into porn platforms. Major platforms have been designated as VLOPs by the Commission, meaning they have to fulfill similar requirements to the likes of Facebook and X.


The Commission has sent official requests for information to some of these platforms, and has signaled to adult content creator groups that they will meet with them, Ornelas said.


Following the Berlin kerfuffle, the plot has thickened. Two Italian MEPs from the European Conservatives and Reformists group, Paolo Inselvini and Elena Donazzan, are calling for a parliamentary inquiry into the matter, reported news agency ANSA on Tuesday.


The two MEPs did not respond to Euractiv's request for comment.


The Commission cited scheduling conflicts for not showing up at the panel, according to MLex. They sent a statement to be read out instead.


However, just before the last-minute change, a women's rights organization called The Portuguese Platform for Women’s Rights (PpDM), issued an open letter expressing "strong opposition" to the Commission's participation to the event. In their view, "the harms of this industry [porn] are systemic and cannot be reformed or sanitised."


“‘Sanitise’ refers to the superficial attempts to make the pornography industry appear less harmful without addressing the root issues of exploitation and violence. Pornography is fundamentally incompatible with human dignity. Attempts to ‘regulate’ this industry, akin to ‘regulating’ slavery, whether by regulating the age of consumers or improving recording settings, do not eliminate its inherent violations,” PpDM President Ana Sofia Fernandes and Board Member Diana Pinto told Eractiv in a statement.


Ornelas said that the adult content industry present at the conference does not only include porn, but a wide variety of stakeholders ranging from sexual education to sex tech.


PpDM did not respond to Euractiv's request for comment.


The letter was posted on X by no other than UN Special Rapporteur for Violence Against Women and Girls Reem Alsalem on 20 October.


For Ornelas, this was a "missed opportunity" and disappointing, but the creators “will create more opportunities.”


In their view, they are fighting for similar things to womens' rights organisations. For example, "the performers are the first ones who want to fight gender-based violence in the porn industry" because they are the ones that have to go through it, she said.


Alessandro Polidoro, a lawyer who works with the adult content industry as well as victims of gender-based violence, agrees: "This is a great opportunity to bring together anti-porn organizations and the sex-positive community," who "are both united in their fight against misogyny and 'rape culture', and they are both very aware of the damages made by Big Tech."


Their disagreement revolves "around the stigma associated with sex work and," but times have changed, Polidoro said. Society is ready for a frank conversation about sex and its up to EU institutions to facilitate it, he said.

🟡 Artificial intelligence

22 European rightsholder groups sent a joint statement on Tuesday calling for "meaningful implementation of the AI Act" so that righstholders can "exercise and enforce their rights" with regards to AI training on copyrighted data to Commissioners-designate, MEPs, and member states' permanent representatives on Tuesday.


In light of the commissioner hearings coming up next week, and after an open letter from industry called for "regulatory certainty" on AI, "we thought it was the right moment to remind new policymakers that we are satisfied with the current AI legislation, and ask them to implement it in a good way," said Adriana Moscoso del Prado, General Manager the European Grouping of Societies of Authors and Composers (GESAC).


The letter was addressed to Executive Vice Presidents-Designate (EVP)Henna Virkkunen and Stephane Séjourné, Commissioner-Designate Glenn Micallef, as well as MEPs from the JURI, IMCO, ITRE, CULT, and LIBE committees, Moscoso del Prado told Euractiv.


The AI Act mandates general-purpose AI (GPAI) providers to "make publicly available a sufficiently detailed summary" on the data used for training their models, but the providers involced in drafting the Code of Practice for GPAI will shape what will be included in the summary.  


The first draft of the Code is scheduled to be released in early November. MLex reported it has been delayed by about a week, to the week of 11 November.


When summarising a roundtable discussion with industry, PermReps and civil society, the Computer and Communications Industry Association (CCIA) said participants "agreed that the Code of Practice should only focus on operationalising what is in the AI Act and not touch upon existing EU copyright law" which is "fit for purpose and should not be reopened."


The roundtable participants included representatives of the French Ministry of Economy, NVIDIA, OpenAI, the OECD, the Permanent Representations of Italy and Spain, as well as the US Mission to the European Union.


But there's a limit to the apparent agreement. "We need the willingness of AI companies to obtain licenses [for the data they are using]. And so far we haven't found this willingness," said Moscoso del Prado.

🟡 Telecom

Ericsson is expected to equip Orange Spanish joint-venture with 5G standalone devices for a five-year, it announced on Tuesday in a press release.


The Commission green-lighted the takeover of MásMóvil by Orange in Spain in February. The remedy to preserve competition in the market was that Orange sold MásMóvil spectrum bandwidths to Romanian mobile operator Digi.


"This partnership illustrates how the consolidation of operators, exemplified by the creation of MasOrange, can drive significant investments in advanced infrastructure," wrote PR agency Weber Shandwick which represents Ericsson in an email to Euractiv.


This view is in line with the largest telecom operators' ask from EVP for Competition Teresa Ribera and EVP Virkkunen to take network quality and investment into account when assessing mergers in the telecom sector.


MasOrange plans to invest €4 billion in Spanish telecom networks by 2027, according to an April press release.


“This partnership shows that pro-competitive measures taken by the Commission in the Orange-MásMóvil merger did not affect the beneficial investment decision into the merged entity,” telecom legal expert Innocenzo Genna told Euractiv.


Only, Estonia, Germany, Romania, Sweden explicitly ban Chinese vendors, according to a report by Cullen International dated 24 October and seen by Euractiv.


This is in accordance with the implementation of the 5G Security Toolbox, which excludes high-risk vendors (ZTE and Huawei) from telecom infrastructures, which Virkkunen is expected to implement for all EU member states.


Although Chinese vendors are not formerly excluded in Spain, choosing Ericsson is a safe long-term strategy for operators, said Genna.


“I bet there should be more partnerships between EU telco operators and trusted vendors like Ericsson and Nokia in the future," Genna added.

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Today’s briefing was prepared by the Tech team: Eliza Gkritsi, Théophane Hartmann, and Jacob Wulff Wold. Share your feedback or information with us at digital@euractiv.com.

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