On October 10, 2024, European Union ministers will convene to discuss a contentious draft law aimed at combating child sexual abuse material. The proposed legislation would mandate messaging services such as WhatsApp, iMessage, and Signal to automatically scan messages for potential abuse content and report suspicious findings to authorities.
Proponents argue that the law is essential to combat a rise in child sexual exploitation and protect vulnerable populations. However, critics, including 344 researchers and legal experts, warn that the measures, often referred to as 'chat control,' could infringe on fundamental privacy rights and lead to mass surveillance.
Anja Lehmann, a cryptography professor, stated, 'There is no reliable evidence that the proposed measures would do this effectively.' Legal professionals echo these sentiments, asserting that the law would violate Articles 7 and 8 of the EU Charter of Fundamental Rights, which protect the right to privacy and data protection.
The proposal has faced opposition since its introduction in 2022, with earlier drafts blocked over privacy concerns. The latest version includes minor revisions but does not address the core issues, according to critics.
Experts highlight that the only feasible method for screening content would involve 'client-side scanning,' which compromises end-to-end encryption. Lehmann likened this to the state observing individuals while they write letters, undermining the privacy of communications.
Concerns about the effectiveness of AI-powered scanning technology have also been raised, with warnings of high false positive rates and potential misuse by criminals. Additionally, there are fears of 'mission creep,' where the technology could expand to monitor other types of content, leading to a surveillance state.
The outcome of the meeting remains uncertain, with opponents like Germany potentially gathering enough votes to block the draft. The Netherlands has already declared it will not support the draft due to fundamental rights concerns.