After taking over Twitter last year, Elon Musk restricted API access from third-party apps and changed API pricing tiers to make it harder for researchers to access and study the platform’s data. Now the company renamed X has backed down in the European Union, where legal obligations under the Digital Services Act (DSA) require larger platforms (so-called VLOPs) to provide access to data to external researchers doing public interest research on systemic risks.
An update on X developer terms proposes that researchers in the EU will be able to access and use the social network’s licensed data for DSA-related research purposes.
The terms government research should focus only on “detecting, identifying and understanding systemic risks in the European Union” — a phrase lifted almost verbatim from the DSA — and further specify that use is permitted “only to the extent necessary for for X to comply with its obligations under the DSA.’
Article 40 of the DSA, which covers data access and control, also states that major platforms must facilitate access to data for vetted researchers, such as by providing data through online databases or APIs.
The X was designated VLOP by the EU in April, while the compliance deadline for these larger platforms began at the end of August.
Under Musk, the social media company has no active research program, and according to posts on its developer community website, researchers are struggle to get answers to their access questions. In March, X’s developer account claimed that the platform is looking to develop a separate program for academia, but there have been no further updates.
Earlier this year, the EU’s top diplomat, Josep Borrell, singled out Twitter, as the company was then called, for potentially blocking data access to academics – saying Musk’s attempt to end free access to APIs could influence the study of the flow of disinformation on the platform.
Concern over the corrosive social effects of disinformation has soared in the EU since Russia invaded Ukraine — a topic Musk often addresses with his divisive tweets and retweets.
The European Commission, which is responsible for enforcing DSA on larger platforms, has a number of powers under the regulation for disinformation concerns, as the regulation requires VLOPs to take steps to address systemic risks — with risk penalties of up to 6% of global revenue for non-compliance.
In recent weeks EU officials have sought more information from X about the steps it is taking to remove illegal content and respond to reports of disinformation related to the Israel-Hamas war. However, the Commission has so far not launched a formal investigation process — choosing instead to put pressure on X through a public letter followed by a formal request for information.
While the Commission has not focused on data access in these recent warnings to X, EU officials will no doubt see Musk opening access to DSA experts to EU researchers as a sign that the regulation is working.
It’s unclear what kind of broader program Musk and CEO Linda Yaccarino will create to allow non-EU researchers to access the platform’s data yet. X apparently prioritizes access to data for researchers in Europe in order to comply with legal obligations.
Here’s the full text of the changes X has made to its developer agreement:
Notwithstanding anything to the contrary in this Agreement, to the extent that you are provided access to the Licensed Material in accordance with the procedures described in Article 40 of the Digital Services Act (Regulation (EU) 2022/2065) (“DSA”), your access and use of the Licensed Material is limited solely to conducting research that contributes to the detection, identification and understanding of systemic risks in the European Union and only to the extent necessary for X’s compliance with its obligations under the DSA. Any such use of the Licensed Material is non-commercial as described in Section III(B) of this Agreement. You may not disclose, reproduce, license or otherwise distribute the Licensed Material (including any derivatives thereof) that you retrieve through the X API to any person or entity other than those within your organization necessary to carrying out the research, unless (i) the information is disclosed to the Digital Services Coordinator or other party expressly authorized by the DSA in accordance with the “screened researcher” status and the procedures described in Article 40, or (ii) the disclosure required by law.
TechCrunch’s Natasha Lomas contributed to this report.
