- EU Commissioner backs Parliament’s position on selective scanning of CSAM
- Brunner ruled out surveillance risks and rejected the term “chat control”
- Trilogue negotiations begin on Tuesday, December 9
After finally gaining approval from the EU Council, the controversial Child Sexual Abuse Regulation (CSAR) is now ready for trilogues – the final round of EU legislative negotiations. However, even with this milestone passed, a lively debate in Brussels yesterday suggests that a contentious path lies ahead.
During a debate within the Committee on Civil Liberties, Justice and Home Affairs (LIBE) on Thursday 4 December, EU Home Affairs Commissioner Magnus Brunner delivered an assessment that probably took many attendees by surprise.
Brunner admitted that – while he remains committed to the Commission’s original 2022 proposal – he favors Parliament’s stance on specific measures in the face of Council pressure for indiscriminate voluntary scanning.
“I would prefer Parliament’s position to the Council’s position, because the Council’s position is a compromise of a compromise of a compromise. But I still think that the Commission’s proposal is the best proposal,” Brunner said.
Despite this, Brunner flatly rejected the term “Chat Control,” the nickname critics have assigned to the bill since its inception. It also ignored privacy concerns raised by the Czech Pirate Party’s Markéta Gregorová, who compared the proposed voluntary scanning to “forcing every citizen to hand over every letter to the police to open and read before allowing it to be sent.”
“It’s not about Chat Control, it’s about protecting our children, it’s about fighting pedophiles,” Brunner argued.
All eyes are now focused on the tripartite negotiations between the Parliament, the Commission and the Council of the EU, which will begin on Tuesday, December 9, with the aim of closing a final and binding text.
At the head of Parliament is Javier Zarzalejos, president of the LIBE Commission and rapporteur. He stressed that legislators are beginning negotiations with a “strong mandate” for specific measures.
“Parliament is well equipped”
Although the bill eventually attracted the required majority in the EU Council, the latest version of Chat Control is far from having gained full support.
Italy, the Czech Republic, Poland and the Netherlands still oppose the proposal. They are joined by many experts, who have argued that it may be “a disaster waiting to happen.”
While the Danish presidency decided to remove mandatory scanning obligations for all messaging providers, many believe the proposed voluntary solution could still lead to privacy and security breaches.
“Let’s face it. Voluntary or not, mass scanning is still mass scanning of private communications. And it doesn’t help minors,” Gregorová said, echoing similar concerns from the tech world.
While experts warn that the Council’s proposal threatens people’s privacy, Brunner’s position, which favors more targeted surveillance, offers a ray of hope for digital rights activists.
“Credit goes to Javier Zarzalejos for uniting Parliament on this crucial issue,” commented former German Pirate Party MEP and digital rights jurist Patrick Breyer.
“With this strong mandate for fundamental rights and against indiscriminate surveillance, Parliament is well equipped to defend itself against governments’ attack on digital secrecy and the right to anonymous communication.”
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