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European Council's "Chat Control" Regulation Would Infringe Our Fundamental Rights

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A year ago

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Tomorrow, the European Council will decide on a regulation that could drastically impact privacy and security across the EU. Dubbed "Chat Control" this critical regulation will shape our digital rights and future freedom from creeping state mass-surveillance.
The Belgian presidency's "chat control" proposal mandates scanning private messages, raising significant privacy concerns. Digital rights groups have argued this move undermines encryption and sets a dangerous precedent, and are sounding the alarm. x.com/cdteu/status/1801239087057125663
The proposal infringes on fundamental privacy rights, could lead to significant misuse of personal data, and creates potential security vulnerabilities that could be widely exploitable. x.com/edri/status/1796133143008682356
This proposal forces companies to implement mass surveillance measures, fundamentally altering data handling and compromising end-to-end encryption. It is incompatible with fundamental rights. @freiheitsrechte freiheitsrechte.org/en/themen/digitale-grundrechte/chatkontrolle
The proposal is fraught with contradictions, relying on "magical thinking" that overlooks the inherent technological trade-offs between security and privacy. Simply legislating them away won't work. x.com/PrivacyMatters/status/1803064211414650888
Needless to say, there is industrywide condemnation as well, from the largest associations and industry groups ... x.com/claudiacanelles/status/1797536413778583909
To specific smaller players like @ThreemaApp threema.ch/en/blog/posts/stop-chat-control
And @element_hq x.com/element_hq/status/1803071399537377330
Signal said that the proposal risks their viability in Europe, and their ability to continue to provide their services x.com/mer__edith/status/1796508893822238881
They have a more detailed critique as well x.com/mer__edith/status/1802612199426306150
Several EU lawmakers have criticised the proposal x.com/edri/status/1802984911747379342
MEPs like @echo_pbreyer have been leading the fight, but with the recent elections and a change of composition / rearrangement imminent, there's a real risk that MEPs won't be able to block this. x.com/echo_pbreyer/status/1802953088296202448
He's actually got a really thorough explainer here: patrick-breyer.de/en/posts/chat-control/
Even the European Court of Human Rights, in a recent judgment (paras 76-79) has emphasized that end-to-end encryption safeguards privacy and freedom of expression. Weakening it risks general surveillance, which is disproportionate and infringes on these fundamental rights. x.com/cSchmon/status/1757457390646309300
To protect children without compromising privacy, we must explore alternative methods. Enhancing user reporting systems and increasing law enforcement resources are more effective and proportionate solutions than mass surveillance measures.
Given surging popularity of far-right parties, it's critically important that we maintain our digital freedom at this time, instead of granting more unaccountable surveillance powers to future governments, powers that will likely only be expanded over time.
EU member states should reconsider this proposal. Avoiding authoritarian measures is crucial to protecting our fundamental rights and digital freedoms. Technical contradictions cannot be ignored. Let's ensure our policies reflect progressive values and safeguard our privacy.
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Kay Jebelli πŸ‡ΊπŸ‡¦

@KayJebelli

Computer engineer/competition lawyer; TCK, European by choice; personal views expressed. Pro-abundance policy, with clients in the technology industry.