EU legal advisers warn that plans to force tech companies to scan customers’ private messages for child abuse (CSEA) content are likely to be overruled by courts.
The proposed “chat control” regulation is similar in nature to Section 110 of the UK’s controversial Online Safety Bill. Providers offering end-to-end encrypted messages could be provided with a “detection order” requiring that customer messages be scanned for her CSEA content on the device before they are encrypted.
This is most likely done by some form of “client-side scanning,” a technique that matches videos, images, and text against a database of prohibited content.
Read more about the online safety bill: WhatsApp, Signal Claim Online safety bill threatens user privacy and safety.
However, leaked advice from the EU Council’s legal services warned that the proposal would impose “particularly serious restrictions on the right to privacy and personal data” and that there was a “serious risk” that the proposal would be dropped. It is reported. judgement.
Given that the European Court of Justice has previously ruled that even communications metadata can only be screened in cases of national security, we believe it is unlikely that the current proposal is commensurate in the CSEA context. can be
They “require general and non-discriminatory screening of data processed by a particular service provider, apply without distinction to all persons using that particular service, whether those persons indirectly are not in a situation prone to criminal prosecution.” Guardian.
Privacy advocates have a lot of issues with client-side scanning. They claim:
- Researchers have already worked out that too many false positives can be useless and can be hacked in other ways
- Personal data can be at risk if client-side scanning is targeted by foreign governments or cybercriminals
- With client-side scanning enabled, child abusers will simply be drawn to unregulated apps, just as criminals have done in the past with services like EncroChat.
- This technology may be used in the future to police other content types without your knowledge.
Additionally, several major messaging app bosses have publicly stated they would rather leave the UK than comply with client-side scanning provisions, which would also make domestic businesses and consumers less safe.
EU lawyers are also reportedly concerned that the block proposal would require messaging providers to introduce age verification.
