A major political confrontation over online privacy is approaching as European governments prepare to decide on “Chat Control 2.0,” the European Commission’s revised proposal for monitoring private digital communications.
The plan, which could be endorsed behind closed doors, has drawn urgent warnings from Dr. Patrick Breyer, a jurist and former Member of the European Parliament, who says the draft conceals sweeping new surveillance powers beneath misleading language about “risk mitigation” and “child protection.”
In a release sent to Reclaim The Net, Breyer, long a defender of digital freedom, argues that the Commission has quietly reintroduced compulsory scanning of private messages after it was previously rejected.
He describes the move as a “deceptive sleight of hand,” insisting that it transforms a supposedly voluntary framework into a system that could compel all chat, email, and messaging providers to monitor users.
“This is a political deception of the highest order,” Breyer said.
“Following loud public protests, several member states, including Germany, the Netherlands, Poland, and Austria, said ‘No’ to indiscriminate Chat Control. Now it’s coming back through the back door disguised, more dangerous, and more comprehensive than ever. The public is being played for fools.”
Under the new text, providers would be obliged to take “all appropriate risk mitigation measures” to prevent abuse on their platforms. While the Commission presents this as a flexible safety requirement, Breyer insists it is a loophole that could justify forcing companies to scan every private message, including those protected by end-to-end encryption.
“The loophole renders the much-praised removal of detection orders worthless and negates their supposed voluntary nature,” he said.
He warns that it could even lead to the introduction of “client-side scanning,” where users’ devices themselves perform surveillance before messages are sent.
Unlike the current temporary exemption known as “Chat Control 1.0,” which allows voluntary scanning of photos and videos, the new draft would open the door to text and metadata analysis. Algorithms and artificial intelligence could be deployed to monitor conversations and flag “suspicious” content.
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