EU’s New Chat Control Law Triggers Privacy Panic with Optional End-to-End Encryption
The Battle for Online Anonymity: Poland’s New Proposal on the Table
The long-standing debate around child sexual abuse material (CSAM) scanning in the EU has reached a pivotal moment. This Wednesday, February 5, 2025, lawmakers will gather to discuss a new proposal from the Polish Council Presidency, aimed at addressing existing privacy concerns. The proposal represents a significant step forward in the ongoing struggle to safeguard encrypted communications, but experts remain cautious.
A Watershed Moment in the Fight for Online Anonymity
The European Commission’s initial draft bill, presented in May 2022, triggered widespread condemnation. The proposal required messaging services and email providers to scan all messages for illegal content, regardless of encryption. In response, critics claimed that this would lead to mass surveillance, compromising fundamental rights.
The latest proposal from Poland’s Council Presidency is a significant departure from the original draft. Instead, the new version seeks to make CSAM scanning voluntary, classifying it as "prevention." This shift is a positive step, but experts remain concerned that the optional nature of the scanning could still lead to untargeted mass surveillance.
The End of Online Anonymity?
Critics of the proposal, such as Patrick Breyer from the German Pirate Party, argue that while this new approach makes strides in protecting privacy, it still raises significant concerns. Breyer believes that the lack of a clear, court-proof approach to addressing CSAM content may perpetuate the very issues the proposal aims to solve.
The Way Forward: Challenges Remain Unaddressed
As lawmakers prepare to discuss the new proposal, several concerns remain unanswered:
- Mass surveillance: Voluntary CSAM scanning could still lead to untargeted, mass surveillance, as companies like Meta, Microsoft, or Google decide whether to implement scanning technology.
- Article 6 and age restrictions: A proposed minimum age limit for installing popular applications and services could be easily circumvented, potentially disempowering teenagers instead of protecting them.
- Article 4 (3) and anonymous accounts: The ban on setting up anonymous email or messenger accounts would restrict sensitive communications, such as those related to sexuality, media communications with sources, and political activity.
What’s Next?
The fate of the proposal is uncertain, with many still skeptical about securing the required majority vote. According to Patrick Breyer, "The proposal is likely to go too far already for the hardline majority of EU governments and the EU Commission, whose positions are so extreme that they will rather let down victims altogether than accept a proportionate, court-proof, and politically acceptable approach."
As the discussion begins, the fate of online anonymity hangs in the balance. Can the new proposal strike a balance between protecting children and preserving individual freedoms? Only time will tell.
