- The German encryption email provider, Tuta Mail, is ready to sue the EU if the child sexual abuse scanning bill (CSAM) becomes law
- Nickname chat control, the proposal has attracted strong criticism for undermining encryption protections
- EU members are scheduled to share their positions on September 12, with the expected adoption already in October 2025
The German email supplier Tuta Mail is ready to drag the EU to the Court if the controversial draft law of child sexual abuse (CSAM) becomes law.
Nicknamed chat control, the proposal has attracted strong criticism among experts in technology and politicians equally for its provisions around encryption. The bill seeks, in fact, introducing new obligations for all messaging services that operate in Europe to scan user chats, even when they are encrypted, in the search for CSAM material.
“We will not stay as long as the EU destroys the encryption,” says Matthias Pfau, CEO of Tuta Mail. “If the chat control passes, we, as an encrypted provider, have two options: to sue to fight for the privacy of people, or leave the EU. A third possibility, undermining end -to -end encryption from Tuta Mail, it is not an option for us. privacy”.
Tuta Mail is not alone when feeling this way. On Tuesday, September 9, more than 500 cryptography experts signed an open letter to warn the EU Council about the risk of accepting the proposal in its current form.
With the first iteration presented in 2022, the Danish version of the proposal is so far the one that has the most opportunities to pass. Although the opposition grows, in fact, support among EU members is still stronger.
The members of the EU council are scheduled to share their final positions on Friday, September 12, and the adoption is expected that in October 2025 an agreement is located.
How likely to pass chat control?
According to the latest data, there are 15 countries that support the law (including crucial members such as France, Italy and Spain), six opposing the law (Austria, Belgium, the Czech Republic, Finland, the Netherlands and Poland), and six still undecided (Germany, Estonia, Greece, Luxembourg, Romania and Slovenia).
Among the undecided, Germany is undoubtedly the most crucial country, capable of blocking or supporting the bill depending on its position. However, according to a source with knowledge of the matter that spoke with Techradar, Germany may be considering refraining from taking a position during the September 12 meeting.
This is something that the Danish mandate will weaken, “even if the presidency obtains the votes required to approve,” explains the PakGazette source.
PFAU in Tuta still sees that Germany’s position is worrying, considering that, unlike the previous administration, the new government is no longer clearly opposed to the chat control proposal.
“Given the history of the ruling parties (CDU and SPD), it is much more likely that the new government will position itself in favor of chat control, although it is very likely that the law is violating the privacy rights granted to all citizens by the German Constitution,” PFAU told Techradar.
However, “for us, it is a paradox that the German government has granted us 1.5 million euros to develop an impulse solution with encryption after quanto, and now EU politicians want to destroy this high level of security again with chat control,” PFAU added. You can read the complete statement of tuta here.
The encryption is in fact the technology that the tastes of Tuta Mail, Proton Mail, Signal and WhatsApp (but also the best VPN services) use to maintain our private communications. Protection that mandatory scan and detection technologies are established to undermine dangerously, they warn, experts.