GoKawiilToday, the European Parliament allowed the suspicionless mass scanning of private communications (“Chat Control 1.0”) to pass, a measure it had rejected twice in March. Although a majority of voting Members of the European Parliament (MEPs) actually opposed the regulation (314 against, 276 in favor, 17 abstentions), the motion to reject it failed to secure the required absolute majority of 361 votes. As a result, mass scanning is now permitted again until 2028.
A symbolic exemption was adopted for encrypted communications—though in practice, service providers do not scan these anyway. Furthermore, while a majority of voting MEPs wanted to restrict the scanning of private communications strictly to suspects identified by the judiciary (322 to 255 votes), this amendment likewise fell short of the required absolute majority.
Dr. Patrick Breyer, civil rights activist and former Member of the European Parliament (MEP), warns of the consequences:
“The fact that Chat Control is moving forward against the will of the majority of voting MEPs is a farce and damages democracy. Our children are the real losers in this undemocratic process. The passage of a genuine, permanent child protection regulation is now in serious jeopardy. The Council will never agree to a desperately needed paradigm shift as long as they can simply stick to the old approach of suspicionless scanning at the whim of the tech industry.”
Despite the legislative defeat, Breyer remains defiant regarding the upcoming negotiations:
“Today’s vote on the interim regulation was a setback, but the political battle over the permanent ‘Chat Control 2.0’ is just getting started. The resistance we saw in Parliament today was so strong that finding a majority for permanent, suspicionless mass scanning in future negotiations is a complete pipe dream.”
Breyer fundamentally rejects the mass surveillance approach:
“Trying to protect children with suspicionless mass surveillance is like frantically mopping the floor while the faucet is still running. Blanket chat control is just as unacceptable as indiscriminately opening everyone’s physical mail. For five years, this failed system has served as a smokescreen to delay real action, all while overwhelming the police with false alarms. We need more child protection, not less—but we need effective protection, not the illusion of security.”
What happens next?
The interim regulation passed today will remain in effect until 2028, or until an agreement on a permanent regulation is reached. Negotiations for the permanent law will resume in September. The core dispute between the EU Parliament, member state governments, and the EU Commission remains the scanning of private chats: should it be indiscriminate, or targeted at criminal suspects?
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