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EU Chat Control: A shift, But Concerns remain

After a years-long battle ⁣the European CommissionS ⁢”Chat control” plan, ⁣which would mandate mass ⁤scanning and other encryption-breaking measures, at last codifies agreement on a position within the Council of the EU, representing EU States. The good news is that the most controversial part, the‍ forced requirement to scan encrypted messages, is out. The bad news is there’s more to it than that.

Chat Control has gone through several iterations since it was first introduced, with the EU Parliament backing a position that protects fundamental rights,while the Council of the⁣ EU spent many months ‍pursuing an intrusive law-enforcement-focused approach. Many proposals earlier this year ⁢required the scanning and detection of illicit content on all services, including private messaging apps such as WhatsApp and Signal. This requirement would fundamentally break end-to-end encryption.

Thanks to the tireless ⁢efforts of digital rights groups, including European Digital Rights (EDRi), we won a significant betterment: the council agreed on its position which removed the⁤ requirement that⁢ forces‍ providers to⁢ scan messages on their services. It also comes with strong language to protect encryption, which is good news for users.

But here comes‍ the⁣ rub: first, the Council’s position allows‍ for “voluntary” detection, were tech⁣ platforms can scan personal messages that aren’t end-to-end encrypted. Unlike in the U.S., where ⁢there is no thorough federal privacy law, voluntary scanning is not technically legal in the EU, though it’s⁢ been possible through a derogation set to expire in ⁣2026. It is unclear