Itemoids

Russia

How the U.S. Gamed the Law of the Sea

The Atlantic

www.theatlantic.com › international › archive › 2025 › 01 › us-continental-shelf-seafloor-mining › 681451

You’d be forgiven for thinking that America’s continental shelf couldn’t get any bigger. It is, after all, mostly rock, the submerged landmass linking shore and abyss. But in late 2023, after a long and expensive mapping project, the State Department announced that the continental shelf had grown by 1 million square kilometers—more than two Californias.

The United States had ample motive to decide that the continental shelf extends farther than it had previously realized. A larger shelf means legal access to more of the ocean floor’s riches: animals, hydrocarbons, and, perhaps most important, minerals to power electric-vehicle batteries. America has no immediate plans to excavate its new seabed, which includes chunks of the Arctic Ocean, Bering Sea, and Atlantic, as well as several small pockets of the Gulf of Mexico and the Pacific. But, according to the State Department, the combined area could be worth trillions of dollars.

The announcement shows just how shrewdly the U.S. has gamed the international system. Since 1982, a United Nations agreement called the Law of the Sea has served as the cornerstone of the global maritime order. In its expansion project, the U.S. abided by the treaty’s rules dictating how nations can extend their shelves—but, notably, it never ratified the agreement, which means that unlike the 169 nations that did, it doesn’t have to pay royalties on the resources it extracts. Apparently America can have its cake and eat it, too: a brand-new shelf, acquired in seemingly good order, that it can mine for free. This gold rush in the making can be seen as the culmination of a long national bet that even though America helped create the global maritime order, it’s better off not joining.

America’s undersea enlargement would not have been possible without Larry Mayer. An oceanographer at the University of New Hampshire, Mayer began the U.S. government’s largest-ever offshore-mapping effort in 2003. Over the next 20 years, he led a team of scientists that dragged sensors across America’s neighboring oceans, scanning more than 1 million square miles of seabed. “When you do that at nine miles an hour, it takes time,” Mayer told me. The project logged more than three years afloat, “a lot of it in the Arctic, which takes even more time because we’ve got to break ice.”

[From the January/February 2020 issue: History’s largest mining operation is about to begin]

Forty voyages and more than $100 million later, Mayer returned with four terabytes of data, which State Department officials plugged into formulas laid out by the treaty. “Not all countries have the ability to hire Larry Mayer and the scientific wherewithal to go out for 20 years and spend tens of millions” to grow their shelf, says James Kraska, a law professor at the U.S. Naval War College who also teaches a course at Harvard Law School on international maritime code. “Ghana hasn’t done this.”

America first claimed jurisdiction over its continental shelf in 1945, a few weeks after Japan’s surrender in World War II. For several years, the U.S. government had been concerned about Japanese ships catching salmon off Alaska, as well as other nations drilling for oil off American shores. With the war over, President Harry Truman proclaimed that an underwater area of some 750,000 square miles—about 4.5 Californias—now belonged to America.

No internationally agreed-upon definition of continental shelves existed until 1958, when 86 countries gathered at the first UN Convention on the Law of the Sea. The group decided, somewhat unhelpfully, that a shelf could extend as far and as deep as a nation could drill. By the following decade, technology had advanced so quickly that a country could claim virtually an entire ocean. Sure enough, one member of Congress from Florida proposed that the U.S. occupy what amounted to two-thirds of the North Atlantic.

President Lyndon B. Johnson warned against such expansionism. In a 1966 speech, he denounced the “new form of colonial competition” that threatened to emerge among maritime nations. “We must ensure that the deep seas and the ocean bottoms are, and remain, the legacy of all human beings,” he said. The following year, Arvid Pardo, an ambassador from Malta, called on the UN to deem the ocean floor “the common heritage of mankind.” In 1970, the U.S. voted alongside 107 other nations to do precisely that.

The UN reconvened in 1973 to legislate a shared vision of the seas. Over the next nine years, more than 150 nations and as many as 5,000 people gathered for off-and-on negotiating sessions in New York City and Geneva. They discussed a wide range of topics—freedom of navigation, fishing, scientific research, pollution, the seabed—and ultimately produced the Law of the Sea.

The U.S. had helped pave the way. Three years before the convention, the Nixon administration had presented a draft treaty that proposed a forerunner to the International Seabed Authority: an agency established by the Law of the Sea that would collect royalties from underwater resources and distribute them to the developing world. But the nation’s posture changed after Ronald Reagan’s election in 1980. American delegates began showing up to negotiating sessions wearing ties that bore the image of Adam Smith, the father of free markets. It was an early sign of the administration’s reluctance to regulate the maritime economy.

In 1982, the U.S. voted against adopting the Law of the Sea—one of only four countries to do so—and said it would refuse to ratify the finalized treaty. Reagan’s reason: the regulations on mining, which he thought would hamper America’s ability to exploit undersea mineral resources. He seemed particularly worried about the royalty scheme that would govern the international seafloor, a vast virgin deep that lies beyond the jurisdiction of any one state and makes up about half of the world’s ocean floor.

That June, Reagan reportedly told his National Security Council, “We’re policed and patrolled on land and there is so much regulation that I kind of thought that when you go out on the high seas you can do what you want.” The president was concerned about “free oceans closing where we were getting along fine before,” minutes from the meeting show. He dispatched onetime Defense Secretary Donald Rumsfeld to persuade other nations to reject the treaty, but the mission failed.

Just 16 years earlier, the U.S. under Johnson had set out to prevent nations from making unilateral claims to the high seas. Then America made its own. Months after the Law of the Sea was finalized, Reagan said the U.S. would abide by its rules on “traditional uses of the oceans,” such as navigation, but not by the “unnecessary political and economic restraints” that the treaty imposed on mining. Instead, Reagan claimed jurisdiction over all the natural and mineral resources within 200 nautical miles of the nation’s shores (230 regular miles), an allowance that the Law of the Sea granted only signatories. That is, he cited “international law” for permission, even though he had refused to ratify that law. Reagan showed that the U.S. could take what it wanted from the treaty without submitting to the UN. Judging by the newly extended shelf, it still can.

The State Department’s Extended Continental Shelf Project works out of a National Oceanic and Atmospheric Administration building in Boulder, Colorado, some 800 miles from the nearest ocean. Its office is down the hall from the Space Weather Prediction Center. When I visited last year, maps of the Arctic adorned the walls, and a whiteboard showed an elementary red drawing of the U.S. and Canada protruding into the Atlantic. Inside sat Brian Van Pay, the director of the project, and Kevin Baumert, its lawyer.

Van Pay and Baumert are picky about words. When I asked whether America had just gotten bigger, Van Pay replied: “It depends on how you define it. If you’re talking about sovereignty”—he emphasized the last syllable—then no. “But if you’re talking about sovereign rights”—maybe. “But it’s not territory.”

[From the April 1969 issue: The deep-sea bed]

According to the Law of the Sea, a continental shelf stretches 200 nautical miles from a nation’s shores. Any country can mine this area without worrying about royalties. But the treaty lays out two formulas for tacking on “extended” shelf; calculating this is what kept Van Pay and Baumert busy. If you mine there, you need to pay royalties to the International Seabed Authority—unless you’re America and haven’t ratified the treaty.

The first formula requires finding the “foot of the continental slope,” where the seabed starts to flatten out. For the next 60 nautical miles beyond that point, you’ve got continental shelf. The second formula involves the sediment on the ocean floor. (This goes by the technical name “ooze.” It’s plankton skeletons, mainly.) Shelves extend as long as the sediment covering them is thick enough that oil and gas could plausibly be stashed underneath. A team of scientists, led by the geologist Debbie Hutchinson, scanned the ocean floor with seismic sensors to find this boundary. Two regulatory limits circumscribed Van Pay and Baumert’s calculations: No shelf can spread more than 350 nautical miles from shore, or more than 100 nautical miles beyond 2,500 meters of depth. The formulas yielded 1,279 coordinate points delineating the new shelf.

The rules are objective, but the results depend on other nations’ recognition. Parts of America’s new shelf overlap with those of the Bahamas, Canada, and Japan, prompting ongoing negotiations. And in March, Russia’s foreign ministry said that it wouldn’t recognize America’s shelf, because the U.S. hadn’t sent its data to the Commission on the Limits of the Continental Shelf, the agency created by the Law of the Sea to review such submissions.

Russia’s claim relates to a broader concern that the U.S. has essentially ignored unfriendly provisions in the treaty—such as oversight requirements—while exploiting advantageous ones, such as formulas for shelf expansion. Van Pay and Baumert disagree with that characterization. Baumert told me that America’s expansion is not unprecedented; more than three dozen countries have extended their shelves without ratifying the Law of the Sea. (Only four of those still haven’t ratified, though: Syria, the United Arab Emirates, Venezuela, and the United States.)

Furthermore, Van Pay and Baumert told me that they hadn’t sent in their new coordinate points because the Commission on the Limits of the Continental Shelf had never considered submissions from a nation that wasn’t a party to the Law of the Sea. I asked the commission, If America submitted its shelf boundaries, would you review them? “This question has never been raised,” Aldino Campos, the chair of the commission, told me. He said it wouldn’t discuss whether to consider such a submission unless it actually receives one. But ultimately the commission only makes recommendations; actually asserting the new limits of a continental shelf falls to the United States.

Even though America hasn’t ratified the treaty, Kraska, the law professor, told me it has an obligation to comply with it. He argued that it has taken on the force of “customary international law”—that is, a set of norms and practices that are so widely followed that they become binding to all nations, whether or not they’re signatories. All told, he said, the U.S. has made a “credible, good-faith effort” to extend its continental shelf in accordance with the Law of the Sea.

Most mainstream U.S. government officials want America to ratify the treaty. Five presidents and at least five secretaries of state have urged Congress to join, arguing that it would help bolster the international rule of law. Becoming a party to the Law of the Sea would also allow the U.S. to further legitimize its expanded shelf.

Ever since Reagan, though, Republican lawmakers have staved off ratification, which requires two-thirds of the Senate. Along with conservative groups such as the Heritage Foundation, they worry that the royalty schemes would impose an undue financial burden and that joining the treaty could result in a “dangerous loss of American sovereignty.”

Their calculus may soon change. As early as this year, the International Seabed Authority could finalize regulations that would open up mining on the international seafloor. Because America hasn’t ratified the Law of the Sea, it won’t have the right to participate. (Some conservatives argue, however, that the U.S. can simply do as it pleases on the international seafloor.) Pressure is mounting on lawmakers: In March, more than 300 former political and military leaders called on the Senate to ratify, reflecting concerns that America might not be able to keep up with China if it relies solely on its own shelf.

America may not mine its new seabed for decades anyhow. The role of the State Department, Van Pay and Baumert insist, is to set the fence posts, not referee what happens within them. In the meantime, America’s shelf could keep growing. “We always want to leave open that possibility,” Van Pay told me. More data could be collected, he said. “There are more invisible lines to draw.”

Biden’s Middle East Legacy

The Atlantic

www.theatlantic.com › international › archive › 2025 › 01 › biden-middle-east-trump-israel › 681401

Joe Biden has now left office, but the fight over the meaning of his Middle East policies is only just beginning.

Biden’s defenders argue that he left the incoming Trump administration with the strongest American position in the region in decades—and that his decision to back Israel to the hilt following the Hamas attacks was hard but ultimately strategically correct. Biden’s detractors within the Democratic Party argue that he caused irreparable harm to America’s interests and undermined international norms by what they see as his unquestioning support for Israel regardless of a steadily mounting civilian death toll.

Both sides’ arguments have their merits—and which of them ends up winning the debate matters, because the Trump administration and administrations to come will set their policies based in some part on how Biden’s foreign policy is remembered.

Undeniably, the Trump administration inherits a region that looks dramatically different—in a way that favors U.S. interests—from the one that Donald Trump left in 2021. America’s principal adversaries in the region—Iran, Russia, Hezbollah, and Hamas—are all in retreat.

Iran in particular has suffered humiliating losses over the past six months, mainly but not exclusively at the hands of the U.S.-backed Israel Defense Forces. For more than four decades, Iran had worked to construct a “Shia crescent” of aligned forces that stretched from its territory through Iraq and into Lebanon to squeeze Israel and its majority Sunni Muslim neighbors.

This would-be Iranian empire has collapsed. The regime of the Syrian strongman Bashar al-Assad, and his father before him, is gone after half a century in power. Israel has eliminated much of Hezbollah’s senior leadership and has otherwise battered the group beyond recognition. Aides to President Biden swept into Lebanon while bombs were still falling to negotiate a cease-fire and shepherd a political process. In a rare diplomatic triumph for the administration, those efforts helped Lebanon usher in a new president and prime minister, both of whom Hezbollah would surely have blocked were that group still powerful enough to do so. Biden’s aides also deserve credit for working closely with Trump’s team to win a cease-fire in Gaza during the administration’s waning days.

Iran’s regional power has long rested on three pillars: support to militant groups such as Hamas and Hezbollah; conventional missiles and other weapons; and an incipient nuclear program. Other than Yemen’s Houthis, Iran’s proxies have been humbled. So, too, has its conventional military posture, as Israel and its partners, including the United States, swatted Iran’s missiles aside not once but twice in 2024. Only Iran’s nuclear program remains (more on that in a bit).

[Read: How Israel could be changing Iran’s nuclear calculus]

But Iran isn’t the only U.S. rival on the retreat in the Middle East. Russia, bled dry by the war in Ukraine and unwilling (and likely unable) to intervene again on Assad’s behalf, finds its treasured warm-water port in Syria now at risk, because the new government in Damascus is anxious to expel foreign militaries from its territory.

Some of Biden’s aides have been telling their colleagues and journalists that the position in which they are leaving the region vindicates the president’s decision—backed by his closest aides but disputed by many other advisers—to support Israel to the fullest extent since the horrific October 7 attacks by Hamas and other Palestinian militant groups. Sources in the administration have told me that, as they see it, no U.S. president will have inherited such favorable terrain in the globally strategic region since Bill Clinton came into office in 1993.

These claims infuriate the president’s many critics in the Democratic Party. They argue that Biden and his team, through their policies in the Middle East, have done incalculable damage to America and its image across the globe, and that any strategic gains will ultimately be proved ephemeral as Hamas and Hezbollah rearm and reassert themselves in Gaza and Lebanon, respectively. Pointing to tens of thousands of dead Palestinian and Lebanese civilians—and the use of American weapons in killing them—they claim that Biden undermined international norms to a greater extent than Trump did in his first term. These critics are largely unpersuaded by and impatient with American and Israeli arguments that Hamas alone necessitated this level of carnage by using human shields, or that a high civilian death toll was inevitable in densely urban terrain. The Department of State under Antony Blinken, they complain, had no evident problem assessing war crimes in other jurisdictions yet never seemed to have enough evidence to do so in the Palestinian territories.

Some of Biden’s Democratic critics are particularly despondent that Trump—never a huge fan of Israel’s wars, which don’t play very well on television—was able to seize the mantle of peacemaker, forcefully directing Israel to arrive at a cease-fire agreement before even taking office. Many Americans have embraced isolationism after the conflicts in Iraq and Afghanistan, and some progressives worry that the Democratic Party anachronistically remains “the party of war.” Other critics—and I include myself here—argue that largely ceding all major questions of policy and strategy to Israel in 2023 and 2024 was an unforgivable choice for the world’s only superpower to have made.

The Biden administration will not be remembered for injecting much fresh thinking into American foreign policy. Almost all of Biden’s senior aides were also senior aides to President Barack Obama, and many of the most senior stayed the full four years rather than making room for younger talents. Whether the next Democratic administration similarly staffs itself with alumni from the Biden administration will largely depend on which assessment of the president’s policies prevails within the party.

My biggest worry about the next four years is that a weakened Iran will seek solace and protection in the acquisition of nuclear weapons. A new nuclear era in the Middle East could erase many of the past year’s strategic gains. The Trump administration can try to degrade or slow Iran’s nuclear development through military action, but the only way to stave it off altogether is through a process of diplomatic engagement, similar to the much-hated Iran deal of 2015. Trump, ever the pragmatist, might confound his more hawkish aides by reaching out to Iran in its moment of weakness and his moment of strength. He would be wise to do so.

*Sources: Samuel Corum/Getty; Ilia Yefimovich / picture alliance / Getty; Ashraf Amra / Anadolu Agency / Getty.

Elon Musk Is Giving Europeans a Headache

The Atlantic

www.theatlantic.com › magazine › archive › 2025 › 03 › musk-tech-oligarch-european-election-influence › 681453

During an American election, a rich man can hand out $1 million checks to prospective voters. Companies and people can use secretly funded “dark money” nonprofits to donate unlimited money, anonymously, to super PACs, which can then spend it on advertising campaigns. Pod­casters, partisans, or anyone, really, can tell outrageous, incendiary lies about a candidate. They can boost those falsehoods through targeted online advertising. No special courts or election rules can stop the disinformation from spreading before voters see it. The court of public opinion, which over the past decade has seen and heard everything, no longer cares. U.S. elections are now a political Las Vegas: Anything goes.

But that’s not the way elections are run in other countries. In Britain, political parties are, at least during the run-up to an election, limited to spending no more than £54,010 per candidate. In Germany, as in many other European countries, the state funds political parties, proportionate to their number of elected parliamentarians, so that politicians do not have to depend on, and become corrupted by, wealthy donors. In Poland, courts fast-track election-­related libel cases in the weeks before a vote in order to discourage people from lying.

Nor is this unique to Europe. Many democracies have state or public media that are obligated, at least in principle, to give equal time to all sides. Many require political donations to be transparent, with the names of donors listed in an online registry. Many have limits on political advertising. Some countries also have rules about hate speech and indict people who break them.

Countries apply these laws to create conditions for fair debate, to build trust in the system, and to inspire confidence in the winning candidates. Some democracies believe that transparency matters—­that voters should know who is funding their candidates, as well as who is paying for political messages on social media or anywhere else. In some places, these rules have a loftier goal: to prevent the rise of anti­democratic extremism of the kind that has engulfed democracies—­and especially European democracies—­­in the past.

But for how much longer can democracies pursue these goals? We live in a world in which algorithms controlled by American and Chinese oligarchs choose the messages and images seen by millions of people; in which money can move through secret bank accounts with the help of crypto schemes; and in which this dark money can then boost anonymous social-media accounts with the aim of shaping public opinion. In such a world, how can any election rules be enforced? If you are Albania, or even the United Kingdom, do you still get to set the parameters of your public debate? Or are you now forced to be Las Vegas too?

Although it’s easy to get distracted by the schoolyard nicknames and irresponsible pedophilia accusations that Elon Musk flings around, these are the real questions posed by his open, aggressive use of X to spread false information and promote extremist and anti-European politicians in the U.K., Germany, and elsewhere. The integrity of elections—­and the possibility of debate untainted by misinformation injected from abroad—is equally challenged by TikTok, the Chinese platform, and by Mark Zuckerberg’s Meta, whose subsidiaries include Facebook, Instagram, WhatsApp, and Threads. TikTok says the company does not accept any paid political advertising. Meta, which announced in January that it is abandoning fact-checking on its sites in the U.S., also says it will continue to comply with European laws. But even before Zucker­berg’s radical policy change, these promises were empty. Meta’s vaunted content curation and moderation have never been transparent. Nobody knew, and nobody knows, what exactly Facebook’s algorithm was promoting and why. Even an occasional user of these platforms encounters spammers, scammers, and opaque accounts running foreign influence operations. No guide to the algorithm, and no real choices about it, are available on Meta products, X, or TikTok.

In truth, no one knows if any platforms really comply with political-funding rules either, because nobody outside the companies can fully monitor what happens online during an intense election campaign—and after the voting has ended, it’s too late. According to declassified Romanian-intelligence documents, someone allegedly spent more than $1 million on TikTok content in the 18 months before an election in support of a Romanian presidential candidate who declared that he himself had spent nothing at all. In a belated attempt to address this and other alleged discrepancies, a Romanian court canceled the first round of that election, a decision that itself damaged Romanian democracy.

Not all of this is new. Surreptitious political-party funding was a feature of the Cold War, and the Russian government has continued this practice, sometimes by offering deals to foreign business­people close to pro-Russian politicians. Press moguls with international political ambitions are hardly a novelty. Rupert Murdoch, an Australian who has U.S. citizenship, has long played an outsize role in U.K. politics through his media companies. John Major, the former British prime minister and Conservative Party leader, has said that in 1997, Murdoch threatened to pull his newspapers’ support unless the prime minister pursued a more anti-­European policy. Major refused. Murdoch has said, “I have never asked a prime minister for anything,” but one of his Conservative-­leaning tabloids, The Sun, did endorse the Labour Party in the next election. Major lost.

That incident now seems almost quaint. Even at the height of its influence, the print edition of The Sun sold 4 million copies a day. More to the point, it operated, and still does, within the constraints of U.K. rules and regulations, as do all broadcast and print media. Murdoch’s newspapers take British libel and hate-speech laws into consideration when they run stories. His business strategy is necessarily shaped by rules limiting what a single company can own. After his journalists were accused of hacking phones and bribing police in the early 2000s, Murdoch himself had to testify before an investigative commission, and he closed down one of his tabloids for good.

[McKay Coppins: Europe braces for Trump]

Social media not only has far greater reach—Musk’s personal X account has more than 212 million followers, giving him enormous power to set the news agenda around the world—it also exists outside the legal system. Under the American law known as Section 230, passed nearly three decades ago, internet platforms are not treated as publishers in the U.S. In practice, neither Facebook nor X has the same legal responsibility for what appears on their platforms as do, say, The Wall Street Journal and CNN. And this, too, has consequences: Americans have created the information climate that other countries must accept, and this allows deceptive election practices to thrive. If countries don’t have their own laws, and until recently most did not, Section 230 effectively requires them to treat social-media companies as if they exist outside their legal systems too.

Brazil broke with this pattern last year, when a judge demanded that Musk comply with Brazilian laws against spreading misinformation and political extremism, and forced X offline until he did. Several European countries, including the U.K., Germany, and France, have also passed laws designed to bring the platforms into compliance with their own legal systems, mandating fines for companies that violate hate-speech laws or host other illegal content. But these laws are controversial and hard to enforce. Besides, “illegal speech” is not necessarily the central problem. No laws prevented Musk from interviewing Alice Weidel, a leader of the far-right Alternative for Germany (AfD) party, on X, thereby providing her with a huge platform, available to no other political candidate, in the month before a national election. The interview, which included several glaringly false statements (among others, that Weidel was the “leading” candidate), was viewed 45 million times in 24 hours, a number far beyond the reach of any German public or private media.

Only one institution on the planet is large enough and powerful enough to write and enforce laws that could make the tech companies change their policies. Partly for that reason, the European Union may soon become one of the Trump administration’s most prominent targets. In theory, the EU’s Digital Services Act, which took full effect last year, can be used to regulate, fine, and, in extreme circumstances, ban internet companies whose practices clash with European laws. Yet a primary intent of the act is not punitive, but rather to open up the platforms: to allow vetted researchers access to platform data, and to give citizens more transparency about what they hear and see. Freedom of speech also means the right to receive information, and at the moment social-media companies operate behind a curtain. We don’t know if they are promoting or suppressing certain points of view, curbing or encouraging orchestrated political campaigns, discouraging or provoking violent riots. Above all, we don’t know who is paying for misinformation to be spread online.

In the past, the EU has not hesitated to try to apply European law to tech companies. Over the past decade, for example, Google has faced three fines totaling more than $8 billion for breaking antitrust law (though one of these fines was overturned by the EU’s General Court in 2024).

In November, the European Commission fined Meta more than $800 million for unfair trade practices. But for how much longer will the EU have this authority? In the fall, J. D. Vance issued an extraordinarily unsubtle threat, one that is frequently repeated in Europe. “If NATO wants us to continue supporting them and NATO wants us to continue to be a good participant in this military alliance,” Vance told an interviewer, “why don’t you respect American values and respect free speech?” Mark Zuckerberg, echoing Vance’s misuse of the expression free speech to mean “freedom to conceal company practices from the public,” put it even more crudely. In a conversation with Joe Rogan in January, Zuckerberg said he feels “optimistic” that President Donald Trump will intervene to stop the EU from enforcing its own antitrust laws: “I think he just wants America to win.”

Does America “winning” mean that European democracies, and maybe other democracies, lose? Some European politicians think it might. Robert Habeck, the German vice chancellor and a leader of that country’s Green Party, believes that Musk’s frenzies of political activity on X aren’t the random blurts of an addled mind, but rather are “logical and systematic.” In his New Year’s address, Habeck said that Musk is deliberately “strengthening those who are weakening Europe,” including the explicitly anti-European AfD. This, he believes, is because “a weak Europe is in the interest of those for whom regulation is an inappropriate limitation of their power.”

Until recently, Russia was the most important state seeking to undermine European institutions. Vladimir Putin has long disliked the EU because it restricts Russian companies’ ability to intimidate and bribe European political leaders and companies, and because the EU is larger and more powerful than Russia, whereas European countries on their own are not. Now a group of American oligarchs also want to undermine European institutions, because they don’t want to be regulated—and they may have the American president on their side. Quite soon, the European Union, along with Great Britain and other democracies around the world, might find that they have to choose between their alliance with the United States and their ability to run their own elections and select their own leaders without the pressure of aggressive outside manipulation. Ironically, countries, such as Brazil, that don’t have the same deep military, economic, and cultural ties to the U.S. may find it easier to maintain the sovereignty of their political systems and the transparency of their information ecosystems than Europeans.

A crunch point is imminent, when the European Commission finally concludes a year-long investigation into X. Tellingly, two people who have advised the commission on this investigation would talk with me only off the record, because the potential for reprisals against them and their organizations—­whether it be online trolling and harassment or lawsuits—­is too great. Still, both advisers said that the commission has the power to protect Europe’s sovereignty, and to force the platforms to be more transparent. “The commission should look at the raft of laws and rules it has available and see how they can be applied,” one of them told me, “always remembering that this is not about taking action against a person’s voice. This is the commission saying that everyone’s voice should be equal.”

At least in theory, no country is obligated to become an electoral Las Vegas, as America has. Global democracies could demand greater transparency around the use of algorithms, both on social media and in the online-advertising market more broadly. They could offer consumers more control over what they see, and more information about what they don’t see. They could enforce their own campaign-funding laws. These changes could make the internet more open and fair, and therefore a better, safer place for the exercise of free speech. If the chances of success seem narrow, it’s not because of the lack of a viable legal framework—­rather it’s because, at the moment, cowardice is as viral as one of Musk’s tweets.

This article appears in the March 2025 print edition with the headline “Can Europe Stop Elon Musk?”