Amazon pushes back against Europe’s pioneering new digital rules

U.S. Law Review

Amazon is disputing its status as a big online platform that needs to face stricter scrutiny under European Union digital rules taking effect next month, the first Silicon Valley tech giant to push back on the pioneering new standards.

The online retailer filed a legal challenge with a top European Union court, arguing it’s being treated unfairly by being designated a “very large online platform” under the 27-nation bloc’s sweeping Digital Services Act.

Amazon, whose filing to the European General Court was made available Tuesday, is the second company to protest the classification. German online retailer Zalando filed a legal claim two weeks ago with a similar argument.

The Digital Services Act imposes new obligations on the biggest tech companies to keep users safe from illegal content and dodgy products, with violations punishable by potentially billions in fines or even a ban on operating in the EU.

The rules, which will take effect on Aug. 25, are expected to help Europe maintain its place as standard setter in global efforts to rein in the power of social media companies and other digital platforms.

Seattle-based Amazon is one of 19 companies classed as the largest online platforms and search engines under the DSA, which means they will have to better police their services to protect European users from hate speech, disinformation and other harmful online content.

The European Commission, the EU’s executive arm, declined to comment directly on the case, saying it would defend its position in court.

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USCIS Adjusting Premium Processing Fee

U.S. Citizenship and Immigration Services (USCIS) announced today it is adjusting the premium processing fee for Form I-129, Petition for a Nonimmigrant Worker and Form I-140, Immigrant Petition for Alien Workers beginning on Oct. 1, 2018 to more effectively adjudicate petitions and maintain effective service to petitioners.

The premium processing fee will increase to $1,410, a 14.92 percent increase (after rounding) from the current fee of $1,225. This increase, which is done in accordance with the Immigration and Nationality Act, represents the percentage change in inflation since the fee was last increased in 2010 based on the Consumer Price Index for all Urban Consumers.

“Because premium processing fees have not been adjusted since 2010, our ability to improve the adjudications and service processes for all petitioners has been hindered as we’ve experienced significantly higher demand for immigration benefits. Ultimately, adjusting the premium processing fee will allow us to continue making necessary investments in staff and technology to administer various immigration benefit requests more effectively and efficiently,” said Chief Financial Officer Joseph Moore. “USCIS will continue adjudicating all petitions on a case-by-case basis to determine if they meet all standards required under applicable law, policies, and regulations.”

Premium processing is an optional service that is currently authorized for certain petitioners filing Forms I-129 or I-140. The system allows petitioners to request 15-day processing of certain employment-based immigration benefit requests if they pay an extra fee. The premium processing fee is paid in addition to the base filing fee and any other applicable fees, which cannot be waived.