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The EU is moving closer to adopting new rules that would allow for mass scanning of digital communications, including encrypted ones. On Thursday, EU governments will adopt a common position on a proposed draft law aimed at identifying child sexual abuse content. The vote will determine whether the proposal has enough support to move forward in the EU lawmaking process.
The law will introduce a system of “upload moderation” that scans all your digital communications, including images, videos and links you share. Online services will ask if the user allows messages to be scanned. If not, he will not be able to share images or links.
The law has a rather strange attitude towards encryption. On the one hand, it emphasizes that end-to-end encryption is a necessary means of protecting fundamental rights, but then suggests that encrypted messaging services may inadvertently become safe havens for the distribution of prohibited content.
The proposed solution is to make messages open to scanning without sacrificing privacy. This suggests that the new moderation system could achieve this by scanning the contents of messages before messaging apps or other programs encrypt them.
Signal President Meredith Whittaker says the program would stop operating in the European Union if the proposal becomes law because the proposal “fundamentally undermines encryption,” regardless of whether a message is scanned before or after encryption.
“We can call it a backdoor, front door or download moderation. But whatever we call it, each of these approaches creates a vulnerability that can be exploited by hackers and hostile states, removing the protection of immutable mathematics and replacing it with a critical vulnerability.”
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Several organizations, in particular the Electronic Frontier Foundation, Center for Democracy & Technology and Mozilla have signed a joint statement calling on the EU to innovate. Privacy advocates aren't the only ones sounding the alarm about the proposal. Dozens of parliamentarians have written to the EU Council warning about the proposal.
If the proposal is approved, negotiations will begin between the Parliament, the Council and the EU Commission to formulate the final text of the law. But even with the support of governments, EU supporters of chat control will still have problems promoting it. Last year, a survey by the group European Digital Rights (EDRi) found that 66% of young people in the EU disagree with policies that allow internet service providers to scan their communications.
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