EU cancels vote on child sexual abuse law amid encryption concerns

Countries clash over how to safeguard privacy when rooting out illegal pictures 
and grooming on private chat apps. 

une 20, 2024 12:29 pm CET
By Clothilde Goujard

A vote scheduled today to amend a draft law that may require WhatsApp and 
Signal to scan people’s pictures and links for potential child sexual abuse 
material was removed from European Union countries' agenda, according to three 
EU diplomats.

Ambassadors in the EU Council were scheduled to decide whether to back a joint 
position on an EU regulation to fight child sexual abuse material (CSAM). But 
many EU countries including Germany, Austria, Poland, the Netherlands and the 
Czech Republic  were expected to abstain or oppose the law over cybersecurity 
and privacy concerns.

"In the last hours, it appeared that the required qualified majority would just 
not be met," said an EU diplomat from the Belgian presidency, which is 
spearheading negotiations until end June as chair of the EU Council.

The draft law, proposed in 2022, has drawn controversy for potentially forcing 
messaging apps to scan all images and links to find and report child abuse 
material and conversations between potential offenders and minors, known as 
grooming. Privacy groups have cried foul over the law, saying it effectively 
breaks end-to-end encrypted messaging.

European Commission Vice President Věra Jourová said Thursday the Commission's 
original proposal meant “that even encrypted messaging can be broken for the 
better protection of children.”

The Belgian Council presidency has been trying for the last six months to solve 
a deadlock among EU countries to move negotiations forward to finalize the law.

Some EU heavyweights like Germany and Poland have backed privacy experts' 
warnings that it threatens privacy. Others like Ireland and Spain have insisted 
on the need for a strong law to monitor online content amid a spike in child 
sexual abuse material since the pandemic.

Under the Belgians' plan, obtained by POLITICO earlier, messaging apps would 
scan pictures and links when users upload them via their services, and users 
would be informed of this under the terms and conditions. Users who refused the 
regime would be blocked from sending pictures and links.

Highly secure apps using end-to-end encryption like WhatsApp, Signal and 
Messenger would also have to respect such measures. The draft proposal however 
exempted “accounts used by the State for national security purposes."

Once EU countries agree on a joint position, they will still have to negotiate 
the final version of the law with the European Parliament and European 
Commission. Parliament has taken a more privacy-friendly stance in its own 
version of the law adopted in November 2023.


https://www.politico.eu/article/eu-council-cancels-vote-on-encryption-breaking-child-sexual-abuse-law/

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