Newly revealed documents show that trade officials in the Biden administration coordinated with European Union counterparts in shaping provisions of the EU’s Digital Services Act (DSA) now being used to penalize U.S. tech companies, including Elon Musk’s X.
Documents unearthed by the Foundation for Freedom Online (FFO) expose how trade officials under the Biden Administration worked with their EU counterparts to craft the same statutes that are now being used to fine Elon Musk’s X.
The documents detail how the U.S. International Trade Administration and the Office of the U.S. Trade Representative collaborated through the U.S.-EU Trade and Technology Council to develop shared policy priorities on digital regulations.
These priorities included provisions that mandate online platforms provide “disinformation researchers” with broad access to platform data — a requirement cited in the European Commission’s recent $140 million fine against X for alleged non‑compliance.
The European Commission announced on December 4 that it was imposing the penalty on X for failing to meet DSA obligations, including data access for researchers, marking the first such fine under the new law. The Commission has also given X 60 days to submit a compliance plan or face additional daily penalties of up to 5 percent of its global revenue.
According to FFO’s reporting, the Digital Services Act was not a purely European project, instead arising from transatlantic cooperation. The shared U.S.-EU policy framework on digital content governance was forged starting in the early years of the Biden administration, with Working Group 5 of the Trade and Technology Council explicitly tasked with developing “shared approaches” to issues including harmful online content and platform data access.
The analysis also highlights the role of “disinformation researchers,” who compile lists of disfavored speech and advertisers, and whose access to platform data has become a central enforcement tool under the DSA. Documents indicate that the U.S. government under the prior administration supported the inclusion of such provisions, a point FFO says is “precisely why the EU has fined X.”
The Digital Services Act, which entered into force in 2022, established a broad regulatory framework for digital services and platform accountability across the European Union. Its enforcement mechanisms extend to foreign platforms that provide services to EU users, regardless of where the company is based.
The European Commission has defended its enforcement actions as required under the DSA. The fine levied against X represents one of the most significant applications of the law to an American‑based platform and underscores growing tensions over digital regulation between Brussels and U.S. tech companies.
Lucas Nolan is a reporter for Breitbart News covering issues of free speech and online censorship.
