Brownstone Institute
The EU Files: What Elon Musk Is Not Telling You About Twitter Censorship
From the Brownstone Institute
The “Twitter Files” have exposed numerous contacts between US government officials and Twitter and requests for suppression of accounts or content: notably, in the context of alleged Covid-19 “disinformation.” But what they have not revealed is that there was in fact a formal government program explicitly dedicated to “Fighting Covid-19 Disinformation” in which Twitter, as well as all other major social media platforms, were enrolled.
As part of this program, the platforms were submitting monthly (later bi-monthly) reports to the government on their censorship efforts. Below is a picture of an archive of the “Fighting Covid-19 Disinformation” reports.
I did not have to hack into the intranet of the US government to find them. All I had to do was look on the public website of the European Commission. For the government in question is not, after all, the US government, but the European Commission.
The reports are available here. Lest there be any doubt that what is at issue in “Fighting Covid-19 Disinformation” is censorship – but how could there be any doubt? – the Commission website specifies that the reports include information on “demoted and removed content containing false and/or misleading information likely to cause physical harm or impair public health policies” (author’s emphasis).
Indeed, the Twitter reports, in particular, include data not only on removed content, but also on outright account suspensions. It is thanks precisely to the data that Twitter was gathering to satisfy the EU’s expectations that we know that 11,230 accounts were suspended under Twitter’s recently discontinued Covid-19 Misleading Information Policy. The below chart, for instance, is taken from Twitter’s last (March-April 2022) report to the EU. Note that the data is “global,” i.e. Twitter was reporting back to the European Commission on its censorship of content and accounts all over the world, not just in the EU.
To be clear then: It is strictly impossible that Twitter has not had contact with EU officials about censoring Covid-19 dissent, because the EU had a program specifically dedicated to the latter and Twitter was part of it. Furthermore, it is strictly impossible that Twitter is not continuing to have contact with EU officials about censoring online content and speech more generally.
This is because the EU’s “Fighting Covid-19 Disinformation” program was launched within the framework of its more general so-called Code of Practice on Disinformation. Under the Code, Twitter and other online platforms and search engines have assumed commitments to combat – i.e. suppress – what the European Commission deems to be “misinformation” or “disinformation.”
In June of last year, a “strengthened” Code of Practice on Disinformation was adopted, which created formalized reporting requirements for Code signatories like Twitter. Other major signatories of the Code include Google/YouTube, Meta/Facebook, Microsoft – which is notably the owner of LinkedIn – and TikTok.
Furthermore, the strengthened Code also created a “permanent task force” on disinformation, in which all code signatories are required to participate and which is chaired by none other than the European Commission itself. The “task force” also includes representatives of the EU’s foreign service. (For more details, see Section IX of the Code, titled “Permanent Task-Force.”)
And if this were not enough, in September of last year, the EU opened a “digital embassy” in San Francisco, in order precisely to be close to Twitter and other leading American tech companies. For the moment, the embassy reportedly shares office space with the Irish consulate: meaning, per Google maps, that it is around a 10-minute drive from Twitter headquarters.
So, it is strictly impossible that Twitter has not had and is not continuing to have contact – indeed extensive and regular contact – with EU officials about censoring content and accounts that the European Commission deems “mis-” or “disinformation.” But we have heard absolutely nothing about this in the “Twitter Files.”
Why? The answer is: because EU censorship really is government censorship, i.e. censorship that Twitter is required to carry out on pain of sanction. This is the difference between the EU censorship and what Elon Musk himself has denounced as “US government censorship.” The latter has amounted to nudges and requests, but was never obligatory and could never be obligatory, thanks to the First Amendment and the fact that there has never been any enforcement mechanism. Any law creating such an enforcement mechanism would be obviously unconstitutional. Hence, Twitter could always simply say no.
But so long as it wants to remain on the EU market, Twitter cannot say no to the demands of the European Commission. As discussed in my previous article here, the enforcement mechanism that renders the Code of Practice obligatory is the EU’s Digital Services Act (DSA). The DSA gives the European Commission power to impose fines of up to 6% percent of global turnover on platforms that it finds to be in violation of the Code: n.b. global turnover, not just turnover on the EU market!
The Commission has not been shy about reminding Twitter and the other tech companies of this threat, thus posting the below tweet last June on the very day that the “strengthened” Code of Practice was announced.
This was before the DSA had even been adopted by the European Parliament! But the DSA has been the sword of Damocles hanging over the heads of Twitter and the other online platforms for the last two years, and it is now law. Once designated a “very large online platform” by the Commission – which is inevitable in its case – Twitter will have 4 months to demonstrate compliance, as the below “DSA Timeline” makes clear.
Moreover, the power to apply financial sanction is not the only extraordinary enforcement power that the DSA gives the Commission. The Commission is also given the power to conduct warrantless inspections of company premises, sealing the premises for the duration of the inspection, and gaining access to whatever “books or records” it pleases. (See Article 69 of the DSA here.) Such inspections, which have been previously used in the context of EU competition law, are quaintly known in the literature as “dawn raids.” (See here, for example.)
This is why Elon Musk and the “Twitter Files” are so verbose about alleged “US government censorship” and so willing to “out” the private communications of US government officials, but have remained suitably mum about EU censorship demands and have not outed the private communications of any EU officials or representatives. Elon Musk is being held hostage by the European Union, and no hostage in his or her right mind is going to do anything to irritate the hostage-takers.
Far from any sign of defiance of the Code and the DSA, what we get from Elon Musk is repeated pledges of fealty: like the below tweet that he posted after meeting with EU Internal Market Commissioner Thierry Breton in January. (For an earlier such pledge in the form of a joint video message with Breton, see here.)
And if Musk should ever have any doubts about what he needs to do to satisfy the EU’s requirements, help is always close at hand – indeed a mere 10 minutes aways. For the EU’s “digital ambassador” to Silicon Valley, Gerard de Graaf, is one of the authors of the DSA.
But if Elon Musk is so fearful about crossing the EU, then why has he restored so many Covid-19 dissident accounts? Wasn’t that an act of defiance of the EU and notably of its “Fighting Covid-19 Disinformation” program?
Well, no, it was not.
Firstly, it should be recalled that Musk had originally promised a “general amnesty” of all suspended accounts. As discussed in my earlier article here, this quickly drew a stern and public rebuke from none other than Thierry Breton, and Musk failed to follow through. Instead, in accordance with Breton’s demands, there has been a case-by-case restoration of selected accounts, which has recently slowed down to a trickle.
@OpenVaet, whose own Twitter account remains suspended, has been maintaining a partial inventory of suspended Twitter accounts. As of this writing, only 99 of the 215 accounts in the sample, or roughly 46% percent, have been restored. (See @OpenVaet’s spreadsheet of still banned and restored accounts here.) Assuming the sample is representative, this would mean that over 6,000 accounts in all are still suspended.
And this is to say nothing of the more insidious form of censorship that is “visibility filtering” or “shadow-banning.” Per the motto “Freedom of speech is not freedom of reach,” Elon Musk has never denied that Twitter would continue to engage in the latter. Many of the returning Covid-19 dissidents have noticed a curious lack of engagement, leading them to wonder if their accounts are not in fact still subjected to unannounced special measures.
But, secondly, and more to the point, have another look at the archive of the “Fighting Covid-19 Disinformation” reports shown above. That is the completearchive. The March-April 2022 reports are the final set of reports. Last June, as noted here, the European Commission discontinued the program, folding the reporting on Covid-19 “disinformation” into the more general reporting requirements established under the “strengthened” Code of Practice on Disinformation.
By this time, most of the most onerous Covid-19 measures in the EU, including “vaccine passports,” had already been ended, and most of the remainder have been gradually rolled back since. Elon Musk thus allowed (some) Covid-19 dissent back onto Twitter when, at least in the EU, there was hardly any public policy to dissent from anymore.
But the EU’s censorship regime as such is still very much in place, and censorship has by no means come to end on Twitter. Thus, on the very night of the Brazilian elections on October 30, Twitter was already censoring local reports of electoral fraud. The famous “misleading” warning labels that had once been used to quarantine reports of Covid-19 vaccine harm now made a reappearance, insisting that according to unnamed “experts,” Brazil’s elections were “safe and secure.” (For examples, see my thread here.)
Whether electoral integrity/fraud in countries of interest, the war in Ukraine or the “next pandemic” for which the EU is already reserving mRNA “vaccine” capacity, you may rest assured that the EU will not lack new subjects of “disinformation” requiring censorship and that Elon Musk and Twitter will oblige.
Whether this censorship takes the form of outright suspensions and content removals or content “demotion” and account “visibility filtering” is a secondary matter. The European Commission will be able to work out such details with Twitter and the other platforms.
Indeed, the DSA further requires the platforms to grant the Commission access to their back offices, including, as Thierry Breton triumphantly notes in a blog post here, “the ‘black box’ of algorithms that are at the heart of platforms’ systems.” As noted on the Commission website, the Commission is even setting up a European Centre for Algorithmic Transparency, in order to be able to better fulfill its “supervisory” role in this regard.
Needless to say, such “transparency” does not extend to mere users such as you or me. For us, the algorithmic functioning of the platforms will remain a “black box.” But the Commission will be able to know everything about it and to demand modifications to ensure compliance with the EU’s requirements.
Author
From the Brownstone Institute
I can count on one hand the times I have seen leaders of media organizations engage in anything that could be described as hard-hitting forms of self-critique in the public square.
One of those times was when Meta CEO Mark Zuckerberg went on public record, in a letter to the Republican House Judiciary Committee (dated August 26th, 2024), that he “regretted” bowing to pressure from the Biden administration to censor “certain Covid-19 content.” Another was the almost unprecedented public apology in January 2022 (here’s a report in English) by a Danish newspaper that it had towed the “official” line during the pandemic far too uncritically.
We witnessed a third moment of critical introspection from a media owner the other day, when Jeff Bezos, who owns the Washington Post and is the largest shareholder of Amazon, suggested in an op-ed in his own newspaper that legacy media may have themselves at least partly to blame for the loss of public trust in the media.
In this context, he argued that his decision not to authorize the Washington Post to endorse a presidential candidate could be “a meaningful step” toward restoring public trust in the media, by addressing the widespread perception that media organizations are “biased” or not objective.
You don’t need to be a fan of Jeff Bezos, any more than of Mark Zuckerberg, to recognize that it is a good thing that prominent representatives of the financial and political elite of modern societies, whatever their personal flaws and contradictions, at least begin to express doubts about the conduct and values of media organizations. Some truths, no matter how obvious, will not resonate across society until prominent opinion leaders viewed as “safe” or “established,” say them out loud.
Bezos opens his Washington Post op-ed by pointing out that public trust in American media has collapsed in recent generations and is now at an all-time low (a substantial decline can be seen across many European countries as well if you compare the Reuters Digital News Report from 2015 with that of 2023 — for example, Germany sees a drop from 60% to 42% trust and the UK sees a drop from 51% to 33%).
In the annual public surveys about trust and reputation, journalists and the media have regularly fallen near the very bottom, often just above Congress. But in this year’s Gallup poll, we have managed to fall below Congress. Our profession is now the least trusted of all. Something we are doing is clearly not working…Most people believe the media is biased. Anyone who doesn’t see this is paying scant attention to reality, and those who fight reality lose.
Something we are doing is clearly not working. This is the sort of candid introspection we need to see a lot more of in journalists and media owners. If someone stops trusting you, it’s easy to point the finger at someone else or blame it on “disinformation” or citizen ignorance. It’s not so easy to make yourself vulnerable and take a long, hard look at yourself in the mirror to figure out how you’ve lost their trust.
The owner of the Washington Post does not offer an especially penetrating diagnosis of the problem. However, he does point out some relevant facts that may be worth pondering if we are to come to a deeper understanding of the fact that the Joe Rogan podcast, with an estimated audience of 11 million, now has nearly 20 times CNN’s prime-time audience:
The Washington Post and the New York Times win prizes, but increasingly we talk only to a certain elite. More and more, we talk to ourselves. (It wasn’t always this way — in the 1990s we achieved 80 percent household penetration in the DC metro area.)
More and more, we talk to ourselves. Much of the legacy media has become an ideological echo chamber, as I pointed out in an op-ed in the Irish Times a few years ago. Conversations go back and forth between journalists about things they care about, while a substantial number of ordinary citizens, whose minds are on other things, like paying their mortgage, getting a medical appointment, or worrying about the safety of their streets, switch off.
While there are some notable exceptions, the echo-chamber effect is real and may be part of the explanation for the flight of a growing number of citizens into the arms of alternative media.
The increasing disconnect between self-important legacy journalists and the man and woman on the street has been evidenced by the fact that so-called “populism” was sneered at by many journalists across Europe and North America while gathering serious momentum on the ground.
It was also evidenced by the fact that serious debates over issues like the harms of lockdowns and the problem of illegal immigration, were largely sidelined by many mainstream media across Europe while becoming a catalyst for successful political movements such as the Brothers of Italy, Le Pen’s Rassemblement National in France, Alternativ für Deutschland in Germany, and the Freedom Party in Austria.
Perhaps part of the problem is that those working in well-established media organizations tend to take the moral and intellectual high ground and severely underestimate the capacity of ordinary citizens to think through issues for themselves, or to intelligently sort through competing sources of information.
Indeed, even Jeff Bezos, in his attempt to be critical of legacy media, could not resist depicting alternative media exclusively in negative terms. “Many people,” he lamented, “are turning to off-the-cuff podcasts, inaccurate social media posts and other unverified news sources, which can quickly spread misinformation and deepen divisions.”
While there is undoubtedly an abundance of confusion and false and misleading information on social media, it is by no means absent from the legacy media, which has gotten major issues badly wrong. For example, many mainstream journalists and talk show hosts uncritically celebrated the idea that Covid vaccines would block viral transmission, in the absence of any solid scientific evidence for such a belief. Similarly, many journalists dismissed the Covid lab-leak theory out of hand, until it emerged that it was actually a scientifically respectable hypothesis.
We should thank Jeff Bezos for highlighting the crisis of trust in the media. But his complacency about the integrity of traditional news sources and his dismissive attitude toward “alternative sources” of news and information are themselves part of the reason why many people are losing respect for the legacy media.
Republished from the author’s Substack
Author
From the Brownstone Institute
How will he organize the “deportation” of illegal migrants? In the best case, it will be difficult. There will be scuffles and chases. Critics will charge the new Administration as cruel and worse. How much stomach will Republicans have for a messy process?
Trump enjoys the momentum. Four of the most recent major national polls show him up 2 to 3%, while Democratic-friendly outlets like the New York Times and CNN both show a TIE race in their final surveys. The 2016 and 2020 elections were razor close even though Clinton (5%) and Biden (8%) had solid polling leads at this point. We need to contemplate a Trump win not only in the electoral college but also in the popular vote.
Here are some thoughts:
- JD Vance ascendant, obviously. Big implications for the Republican trajectory.
- Will Trump replace Fed chairman Jay Powell? Or merely jawbone for a change in policy? In a new CNBC interview, former Fed governor Kevin Warsh argues that the Fed has juiced both the stock market and inflation. Would reducing inflation, which Trump has promised, automatically therefore lead to a stock market correction and economic slowdown? Not necessarily. If Trump unleashes productive economic activity and Congress ends the fiscal blowout, the Fed could normalize monetary policy without causing a major economic slump.
- Will Trump impose the broad and deep tariffs he proposed? Or will he mostly threaten them as a bargaining tool with China? I’m betting on some of the former but more of the latter. We notice, however, Trump allies are floating a trial balloon to replace income taxes with tariffs. As impractical and improbable as that may be, we’re glad to see the mention of radical tax reform reemerge after too long an absence from the national discussion.
- How will he organize the “deportation” of illegal migrants? In the best case, it will be difficult. There will be scuffles and chases. Critics will charge the new Administration as cruel and worse. How much stomach will Republicans have for a messy process? One idea would be to offer a “reverse amnesty” – if you leave peacefully and agree not to return illegally, we will forgive your previous illegal entry(s) and minor violations. This would incentivize self-identification and quiet departure. Plus it would help authorities track those leaving. Would migrant departures truly hit the economy, as critics charge? We doubt large effects. Substantial native populations are still underemployed or absent from the workforce.
- We should expect a major retrenchment of regulatory intrusions across the economy – from energy to crypto. Combined with recent Supreme Court action, such as the Chevron reversal, and assisted by the Elon Musk’s substance and narrative, it could be a regulatory renaissance. Extension of the 2017 tax cuts also becomes far more likely.
- Trump has never worried much about debt, deficits, or spending. But he’s tapped Elon Musk as government efficiency czar. It’s an orthogonal approach to spending reform instead of the traditional (and unsuccessful) Paul Ryan playbook. Can this good cop-bad cop duo at the very least return out-of-control outlays to a pre-Covid path? Can they at least cancel purely kleptocratic programs, such as the $370-billion Green Energy slush funds? Might they go even further – leveraging the unpopular spending explosion and resulting inflation to achieve more revolutionary effects on government spending and reach? Or will the powerful and perennial forces of government expansion win yet again, sustaining a one-way ratchet not even Elon can defeat?
- What if the economy turns south? One catalyst might be the gigantic unrealized bond losses on bank balance sheets; another might be commercial real estate collapse. Although reported GDP growth has been okay, the inflation hangover is helping Trump win on the economy. But many believe the post-pandemic economic expansion is merely a sugar-high and has already lasted longer than expected. A downturn early in Trump’s term could complicate many of his plans.
- How will NATO and its transatlantic network respond? Or more generally, what will the neocon and neoliberal hawks, concentrated in DC and the media, but little loved otherwise, do? Does this item from Anne Applebaum — arguing Trump resembles Hitler, Mussolini, and Stalin all rolled into one — portend continued all-out war on prudent foreign policy? Or will they adopt a more sophisticated approach? If the neocons move wholesale and formally (back) into the Democratic fold, how long will the coalition of wokes and militarists hold? On the economic front, Europe, already underperforming vis-a-vis the US, will fall even further behind without big changes. Reformers should gain at the expense of the transatlantic WEF-style bureaucrats.
- Can Trump avoid another internal sabotage of his Administration? Before then, if the election results are tight, will the Democrats seek to complicate or even block his inauguration? Can he win approval for his appointees in the Senate? Can he clean house across the vast public agencies? How long will it take to recruit, train, and reinvigorate talented military leadership, which we chased away in recent years? And how will Trump counter – and avoid overreacting to – taunts, riots, unrest, and lawfare, designed to bolster the case he’s an authoritarian?
- Will the Democrats reorient toward the center, a la Bill Clinton? Or will the blinding hatred of Trump fuel yet more radicalism? Orthodox political thinking suggests a moderation. Especially if Trump wins the popular vote, or comes close, pragmatic Democrats will counsel a reformation. James Carville, for example, already complains that his party careened recklessly away from male voters. And Trump’s apparent pickups among Black and Latino voters complicate the Democrats’ longstanding identity-focused strategy. Other incentives might push toward continued belligerence and extreme wokeness, however, and thus an intra-party war.
- Will the half of the country which inexplicably retains any confidence in the legacy media at least begin rethinking its information diet and filters? Or has the infowarp inflicted permanent damage?
- Will big business, which shifted hard toward Democrats over the last 15 years, recalibrate toward the GOP? Parts of Silicon Valley over the last year began a reorientation — e.g. Elon Musk, Marc Andreessen, David Sacks, and before them, Peter Thiel in 2016. But those are the entrepreneurs. In the receding past, businesses large and small generally lined up against government overreach. Then Big Business and Big Government merged. Now, a chief divide is between politically-enmeshed bureaucratic businesses and entrepreneurial ones. Does the GOP even want many of the big guys back? The GOP’s new alignment with “Little Tech” is an exciting development, especially after being shut out of Silicon Valley for the last two decades.
- Industry winners: traditional energy, nuclear energy, Little Tech. Industry losers: Green Energy, Big Tech, Big Pharma, Big Food. Individual winners: X (nee Twitter), Elon Musk, RFK, Jr.
- How will the Censorship Industrial Complex react? A Trump win will pose both a symbolic and operational blow to governmental, non-governmental, old media, and new media outlets determined to craft and control facts and narratives. It will complicate their mission, funding, and organizational web. Will they persist in their “mis/disinformation” framing and their badgering of old media and social media companies to moderate content aggressively? Or will they devise a new strategy? A.I. is pretty clearly the next frontier in the information wars. How will those who propagandize and rewire human minds attempt to program and prewire artificial ones?
- How will Trump integrate RFK, Jr. and his movement? Will RFK, Jr. achieve real influence, especially on health issues? Big Pharma and Big Public Health will wage a holy war to block reforms in general and accountability for Covid mistakes in particular.
- Trump has promised to end the war between Russia and Ukraine. On one hand, it should be easy. Despite what you hear from DC media and think tanks, Ukraine is losing badly. Hundreds of thousands are dead, and its military is depleted and faltering. Ukraine should want a deal quickly, before it loses yet more people and territory. Russia, meanwhile, always said it wants a deal, even before the war started, focusing on Ukrainian neutrality. Why Ukrainian neutrality should bother the US was always a mystery. And yet even critics of the West’s support for Ukraine, who want an agreement, think it will be difficult to achieve. The Western foreign policy establishment has invested too much credibility and emotion. It will charge “appeasement” and “betrayal” and make any deal difficult for Trump. Russia, meanwhile, has secured so much territory and now has Odessa and Kharkiv in its sights. Putin will not be eager to accept a deal he would have taken in 2021 or before. The far better path for all involved was a pre-war agreement, or the one negotiated but scuttled in April 2022.
- What if A.I. launches a new productivity boom, enabled by an agenda of energy abundance, including a nuclear power revival? The economic tailwinds could remake politics even more than we currently see.
- Can Trump, having run and won his last campaign, consolidate gains by reaching out and uniting the portions of the country willing to take an extended hand?
Republished from the author’s Substack
Author
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