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Mikołaj Barczentewicz Profile
Mikołaj Barczentewicz

@MBarczentewicz

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I write about how (EU) law influences tech. Law professor at @LawAtSurrey. Also: @OxfordLawFac, @LawEconCenter. Crypto law alt account: @0xMikolaj

Poland / UK
Joined September 2014
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@MBarczentewicz
Mikołaj Barczentewicz
7 days
BTW, this is the press statement from the EU Commission about the change:. "The Commission understands that Meta, in response to the non-compliance Decision, will make only limited changes to the advertising options it rolled out in November 2024. The Commission cannot confirm at.
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@MBarczentewicz
Mikołaj Barczentewicz
7 days
For more on this, check out my conversation with @eric_seufert and the extended notes I published
@MBarczentewicz
Mikołaj Barczentewicz
8 days
Just discussed the European Commission's Meta ("pay or consent") decision with @eric_seufert on the @MobileDevMemo podcast. You will not be surprised that we're both unimpressed with the EC decision. The podcast is now online, and you can also read my extended notes on EUTechReg.
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@MBarczentewicz
Mikołaj Barczentewicz
7 days
Perhaps the Commission will now claim that what they said isn't really what they meant, and that they actually need further changes from Meta. But let's be clear that this would mean moving the goalposts and be another example of the mess that DMA enforcement has been.
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@MBarczentewicz
Mikołaj Barczentewicz
7 days
The April EC decision covered Meta's model until November 2024. The only thing EC complained about the post-November model is that the choice of personalised advertising (as opposed to "less personalised advertising") was pre-selected. Meta now removed the pre-selection.
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@MBarczentewicz
Mikołaj Barczentewicz
7 days
Today, Meta is making changes to advertising settings on Facebook and Instagram for EU users. This is a response to EU Commission's decision that found their earlier "pay or consent" model not compliant with the EU DMA regulation.
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@MBarczentewicz
Mikołaj Barczentewicz
7 days
The judge in @nytimes v @OpenAI seems almost comically out of touch with reality. Ignoring user expectations regarding "temporary chats" and that the order to store data creates a risk it will be eg hacked. V bad look for NYT that they're condoning this
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@MBarczentewicz
Mikołaj Barczentewicz
8 days
Alba's text:
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@MBarczentewicz
Mikołaj Barczentewicz
8 days
Will the EU try to force Microsoft to make Recall unsafe? (Some will say "even more" unsafe, but I'm more optimistic about the future of this kind of tech). Alba Ribera Martínez noted that an EU Commission official recently stated that they're seek feedback on the "data.
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@MBarczentewicz
Mikołaj Barczentewicz
8 days
RT @meme_ec: Stop the clock? #AIAct
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@MBarczentewicz
Mikołaj Barczentewicz
8 days
Podcast: My notes:
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@MBarczentewicz
Mikołaj Barczentewicz
8 days
What we're seeing is lawyers making categorical decisions about digital markets without understanding their dynamics. The unwillingness to consider broader consequences - whether for advertisers, market contestability, or innovation - poses serious risks to European.
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@MBarczentewicz
Mikołaj Barczentewicz
8 days
We also discussed what's new in EU AI regulation and the fate of the Draghi report. I said that while there's reform momentum in European capitals, Brussels treats this as a political problem to manage rather than a call for fundamental change. Their proposed "GDPR.
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@MBarczentewicz
Mikołaj Barczentewicz
8 days
Meta's new three-option model might satisfy the Commission if they remove pre-selection of personalized ads. But given the hostile tone throughout the decision, I wouldn't exclude new objections, particularly around what data processing occurs in the "less personalized" option.
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@MBarczentewicz
Mikołaj Barczentewicz
8 days
Less than 1% of users chose Meta's paid option. The Commission sees this as proof the choice wasn't genuine. I see it differently - it shows users prefer social media funded by personalized advertising. The low uptake suggests the Commission is forcing something users don't want.
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@MBarczentewicz
Mikołaj Barczentewicz
8 days
The Commission's argument that users are "unaccustomed to paying for social media" struck me as particularly weak. Can we really claim Europeans don't understand the concept of paying for digital services? The distinction between platforms with "content of known monetary value".
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@MBarczentewicz
Mikołaj Barczentewicz
8 days
Eric noted TikTok spent $1 billion on user acquisition in 2018 alone. Making advertising less effective inflates the cost for future competitors to achieve similar scale - erecting barriers to entry while claiming to promote competition.
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@MBarczentewicz
Mikołaj Barczentewicz
8 days
Eric pointed out the circular logic: DMA proponents claim it's about consumer choice, but when we note it could suppress competition by preventing new entrants from reaching scale, they retreat to claiming personalized advertising doesn't work. As Eric said, this position is.
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@MBarczentewicz
Mikołaj Barczentewicz
8 days
I argued that this formalistic approach ignores how personalized advertising on Facebook and Instagram created v significant contestability in European markets. SMEs and direct-to-consumer businesses often rely entirely on these targeted channels. The Commission dismisses this in.
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@MBarczentewicz
Mikołaj Barczentewicz
8 days
The Commission found Meta's "pay or consent" model violated the DMA, but their reasoning shows disregard for economic reality. They explicitly state they won't consider impacts on Meta's business or - more concerningly - on European advertisers who depend on targeted advertising.
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@MBarczentewicz
Mikołaj Barczentewicz
8 days
Just discussed the European Commission's Meta ("pay or consent") decision with @eric_seufert on the @MobileDevMemo podcast. You will not be surprised that we're both unimpressed with the EC decision. The podcast is now online, and you can also read my extended notes on EUTechReg.
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