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Anticircumvention

How the EU can punish Google (despite Trump)

Grant me the courage to change the things I can.

Cory Doctorow
6 min readJust now

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If you’d like an essay-formatted version of this post to read or share, here’s a link to it on pluralistic.net, my surveillance-free, ad-free, tracker-free blog:

https://pluralistic.net/2026/07/27/eucd-6/#and-the-wisdom-to-know-the-difference

The “Serenity Prayer” (Serenity to accept things I can’t change/Courage to change the things I can/Wisdom to know the difference) is usually cited as pop psychology or addiction recovery advice, but I think there’s a place for it in policymaking.

Take the EU’s fight against US Big Tech. During the Biden years, the EU’s tech policy matured into something serious and ambitious, culminating in the Digital Markets Act (DMA) and Digital Services Act (DSA), a pair of big, muscular policies that would curb Big Tech’s most abusive conduct. The EU’s ambition didn’t occur in a vacuum: it was part of a global wave of antitrust fervor whose top agenda item was reining in tech:

In this fight, the EU had important partners all over the world. For example, South Korea and Japan used the facts uncovered through EU enforcement action against Google and Apple to pursue similar cases:

https://pluralistic.net/2024/04/10/an-injury-to-one/#is-an-injury-to-all

But the EU’s most important partner in its fight against American Big Tech was America. Biden’s trustbusters — Lina Khan, Rohit Chopra, Jonathan Kanter, Tim Wu, et al — were every bit as serious about Big Tech power as anyone in the EU. After all, the American public are always the first victims of any new tech scam, and America is the only country with a large, affluent population who lack modern, comprehensive consumer privacy protection, making Americans highly prized prey for tech companies:

With America and the EU on the same side of the tech fight, the world had a fighting chance. Tech knew this, which is why Big Tech backed Trump hard during the 2024 election and aggressively curried his favor after he won. From the tech barons who paid $1m each to sit behind Trump on the inaugural dais to the millions tech companies donated to Trump’s Epstein Ballroom at the White House, tech has made it clear that it supports anything Trump wants to do, provided he shields Big Tech from any attempt to limit their ability to spy on and steal from Americans and the world.

Even before he took office, Trump made it clear how he would reward tech’s loyalty: weeks before the inauguration, Trump went to Davos and threatened the EU with reprisals if they enforced the DSA or DMA against his tech companies:

https://techcrunch.com/2025/01/23/trumps-not-happy-with-how-eu-regulators-have-treated-us-tech-giants/

Trump wasted no time leaning on US trading partners on behalf of Big Tech. He bullied Canadian PM Mark Carney into dropping his plan to tax US tech companies. Big Tech uses a variety of tax-cheating gambits to evade taxation around the world, making it impossible for (tax-paying) domestic companies to compete:

https://www.canada.ca/en/department-finance/news/2025/06/canada-rescinds-digital-services-tax-to-advance-broader-trade-negotiations-with-the-united-states.html

Trump also got UK PM Keir Starmer to drop his plan to tax tech:

https://www.theguardian.com/us-news/2025/apr/01/starmer-offered-big-us-tech-firms-tax-cuts-in-return-for-lower-trump-tariffs

And he got the EU to roll back its plan to regulate AI:

https://fortune.com/2025/11/07/eu-ai-act-weaken-regulation-delay-big-tech-trump-government/

None of the governments that caved to Trump got anything in return. As I’ve written:

Give Trump everything he asks for and he’ll demand more. Deny Trump anything and he’ll demand more. Sign a contract with Trump and he’ll break it. Send Trump an invoice and he’ll stiff you. For Trump, “the art of the deal” can be summed up in one word:renege.

https://pluralistic.net/2026/07/22/table-flipper/#graveyard-of-indispensable-nations

Case in point: after the EU surrendered to Trump on AI regulation, Trump announced that a on ban EU officials who had worked on the Digital Services Act from traveling to the USA:

https://www.state.gov/releases/office-of-the-spokesperson/2025/12/announcement-of-actions-to-combat-the-global-censorship-industrial-complex/

Then, after the EU made more concessions to Trump, he announced a ban on even more EU officials:

https://www.lawfaremedia.org/article/the-trump-administration-targets-europe-s-content-moderation-laws

Trump ordered his tech giants to dig through EU officials’ private correspondence so he can figure out who to ban next:

https://www.politico.eu/article/us-congress-judiciary-committee-big-tech-private-communication-eu-officials/

Trump’s tech companies got the memo. When the EU ordered Apple to follow the law, Apple told the EU to fuck off:

After all, Apple is a key partner in the Trump administration’s mass deportations. Apple blocked an iPhone app that warns Apple customers if they’re about to be kidnapped or murdered by ICE. Trump needs Apple, just as much as Apple needs Trump:

https://pluralistic.net/2025/10/06/rogue-capitalism/#orphaned-syrian-refugees-need-not-apply

Despite this, the EU keeps trying to enforce its laws against Trump’s companies. Last week, the Commission announced a $1b fine against Google for violating the Digital Services Act with conduct that cost Europeans many billions:

https://digital-markets-act.ec.europa.eu/commission-fines-google-eur890-million-breaches-digital-markets-act-2026-07-23_en

In other words, Google wasn’t even being ordered to disgorge all the money it stole, just some of it. Remember, a fine is a price: the EU’s fine here will only make this kind of cheating slightly less profitable.

Nevertheless, Trump responded immediately by threatening the EU with many billions more in tariffs if they continue to attempt to enforce the law against one of his companies:

https://www.lemonde.fr/en/international/article/2026/07/24/trump-says-eu-to-pay-very-big-price-for-890-million-google-fine_6755804_4.html

Trump, the European Commission and Google all know this is about more than one $1b fine. The DSA and DMA both provide for steeply rising fines and other penalties for repeat offenders, and Google clearly has no plan to end its very profitable European crime-spree. Trump’s threats aren’t a bid to kill this enforcement — Trump wants to kill all enforcement.

Retaliatory tariffs aren’t the only weapon Trump has at his disposal. If the EU (or any other country) levies a serious fine against Google, Apple, Oracle, Microsoft, or any of Trump’s other tech companies, Trump can order US banks not to turn over those fines, even after the EU sends them a court order for the money. If a bank defies Trump, he can threaten to yank its charter. Or he could just run the same swindle he pulled on Tiktok: stealing the whole company and selling it to one of his buddies, who will run it the way Trump wants.

The reality is that without America’s assistance, the EU has precious little hope of forcing American companies to do things they don’t want to do. In terms of the Serenity Prayer, this is “a thing they cannot change.”

The Serenity Prayer doesn’t stop with “things you can’t change.” The next line seeks “the courage to change the things I can.” The EU has no control over Google’s conduct, but it has total control over its own conduct.

Specifically, the EU could get rid of the laws that ban European companies from modifying US tech exports. The EU adopted the Copyright Directive in 2001. Article 6 of the EUCD makes it a crime to reverse-engineer and modify a device without the manufacturer’s permission. This law was adopted under pressure from the US Trade Representative, who threatened the EU with tariffs on its exports unless it adopted an “anticircumvention rule” that banned EU technologists from making products that let Europeans prevent US tech companies from stealing their money and data”:

This law is still in force in the EU, despite the fact that Trump (predictably) reneged on the US side of the bargain, hitting the EU with massive tariffs and even threatening to steal part of Denmark.

Article 6 of the Copyright Directive is the reason European tech companies can’t jailbreak America’s apps, whether that’s to get its government and corporate data off of US platforms:

https://pluralistic.net/2025/10/15/freedom-of-movement/#data-dieselgate

Or to modify American social media apps to respect EU privacy laws:

The EU can’t control what Apple or Google do. But the EU can absolutely decide whether Trump’s companies can use Europe’s courts to destroy European companies that defend the privacy and economic integrity of the European people.

If the EU kills off Article 6 of the Copyright Directive, they can use European companies to bring Google and Apple’s defective tech exports into compliance with European law. Unlike Trump’s companies, those companies can be forced to pay their taxes and respect their users’ privacy, labor and consumer rights.

That’s the Serenity Prayer’s “wisdom to know the difference.”

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