Revised Proposal on Chat Control Faces Scrutiny Despite Encryption Protections
A new proposal regarding the EU’s controversial chat control initiative has emerged, reportedly offering providers discretion over implementing chat monitoring within private communications, mirroring the previous approach. A discussion paper outlining the proposal was circulated today to EU member state representatives to gather feedback.
While lauded by digital rights advocates as a notable improvement, the proposal still faces criticism for potential overreach and basic rights concerns. Patrick breyer, a digital freedom advocate and former Member of the European Parliament, called the proposal “a triumph of the digital freedom movement and a great leap forward in defense of our digital privacy,” specifically highlighting its protection of secure encryption and smartphone security. However,Breyer outlined three key areas of ongoing concern.
Persistent Mass Surveillance Risks: Despite the voluntary nature of implementation by providers like Meta, microsoft, and Google, the proposal still enables broad, untargeted scanning of unencrypted private messages. The EU Commission estimates that approximately 75% of flagged content by these algorithms – photos, videos, and chats – is not related to criminal activity. This leaves a vast amount of personal data vulnerable. Legal experts, including former European Court of Justice judge Ninon Colneric (as detailed in her legal opinion https://www.patrick-breyer.de/wp-content/uploads/2021/03/Legal-Opinion-Screening-for-child-pornography-2021-03-04.pdf) and the European Data Protection Supervisor (paragraph 11, available here: https://www.edps.europa.eu/system/files/2024-02/24-01-24_opinion_sexuellen_missbrauchs_kindern_internet_de.pdf), have warned that this indiscriminate surveillance infringes upon fundamental rights. A legal challenge to this practice is already underway in Bavaria (https://freiheitsrechte.org/uploads/documents/Freiheit-im-digitalen-Zeitalter/Chatkontrolle-Facebook/Klageschrift_Chatkontrolle.pdf). The European Parliament has proposed an alternative approach, advocating for judicial oversight and limiting surveillance to individuals or groups linked to child sexual abuse, a restriction currently absent from the Danish proposal.
Restrictions on Underage Users: Article 6 of the Danish proposal, largely unchanged, would prevent individuals under 16 from installing common apps – including messaging platforms like WhatsApp, Snapchat, and Telegram, social media apps like Instagram and TikTok, and popular games – without verification. Critics argue this measure is easily circumvented, patronizing to young people, and ultimately isolating rather than protective.
Erosion of Anonymity: Article 4(3) of the Danish proposal,also unchanged,would require identification for the creation of anonymous email or messenger accounts. This would eliminate the possibility of anonymous communication, potentially jeopardizing sensitive discussions on topics like sexuality, whistleblower communications with the press, and political activism.
Breyer concludes that while the latest proposal represents progress, significant improvements are still needed. he also expressed concern that the proposal might potentially be too restrictive for a majority of EU governments and the EU Commission, suggesting a potential willingness to abandon the initiative altogether rather than compromise on surveillance measures.
