The European Union (EU) is moving closer to adopting new regulations that would require the bulk scanning of digital messages, including those protected by end-to-end encryption. European governments are set to vote on Thursday to decide their stance on the proposed legislation, which aims to identify and curb the spread of child sexual abuse material (CSAM). Consequently, the pending vote will determine whether the proposal will advance in the EU’s legislative process.
Introduced in 2022, the legislation mandates an “upload moderation” system to scan digital messages, including images, videos, and links. Services deployed with this technology must ask users for permission to monitor their messages. Users who deny permission will be unable to share images or URLs. While the proposal acknowledges the importance of end-to-end encryption for protecting fundamental rights, it also expresses concern that encrypted services could inadvertently create vectors for CSAM distribution.
The proposed solution involves scanning message content before the application of end-to-end encryption. This suggestion has raised significant concerns among privacy advocates. Meredith Whittaker, president of Signal, stated that the app would cease operations in the EU if the legislation is passed, arguing that the proposal undermines encryption regardless of when scanning occurs. According to Whittaker, these measures introduce vulnerabilities exploitable by hackers and hostile entities.
Several organizations, including the Electronic Frontier Foundation (EFF), the Center for Democracy & Technology, and Mozilla, have released a joint statement urging the EU to reject the proposed regulations. Additionally, dozens of European Parliament members have written to the EU Council, expressing their opposition. German MEP Patrick Breyer criticized the bill, highlighting the risks to private correspondence and the importance of truly effective measures for protecting children and abuse victims.
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