EU Council forces Chat Control via fast-track

(heise.de)

207 points | by stavros 6 hours ago ago

78 comments

  • neobrain an hour ago

    For context, this refers to "Chat Control 1.0", allowing facebook and other messaging providers to scan chats for harmful content (which they had been temporarily allowed to do by a recently expired law).

    This is still problematic, but the far more dangerous Chat Control 2.0 that would weaken end-to-end-encrypted messengers like Signal is not being discussed here.

    Not to diminish the gravity of the new development, but the defeatist "no way to prevent this" narratives that are already popping up here are getting old -- when in fact it looks like 2.0 is off the table for good because protest against it has proven effective.

    • tremon 8 minutes ago

      That exemption had an expiration date for a reason. That they failed to consolidate that practice into a better law does not make forcefully overriding that expiration any more democratic.

    • vrganj 4 minutes ago

      Also, another key fact to bring up here once again:

      The institution that forced this through is the EU Council, the body that represents national governments and is composed of heads of government.

      The reason they have to force it through and couldn't do 2.0 is because the EU Parliament stopped them.

      In other words, it's the nation states that want this and the EU institutions that are blocking it, not the other way around as often framed online.

      If not for the EU, a much worse version of this would already be law in the nation states.

    • flumpcakes an hour ago

      Isn't this something they already do?

      I would be utterly shocked if facebook et al. were not scanning all of your messages (either in transit or at terminus to get around 'E2E' claims).

      • neobrain an hour ago

        Yes, this had been temporarily permitted until recently, and AFAIK they continue doing so illegally at the moment.

    • surgical_fire an hour ago

      Those narratives pop up from users that have a clear anti-EU bias (and I suspect they might not even be from the EU considering how ignorant they seem to be about how it works, its function ans structure, etc.

      • vrganj 32 minutes ago

        Call it what it is: Propaganda designed to stir anti-EU sentiment from groups that would benefit from being able to divide and conquer Europe.

      • joe_mamba 24 minutes ago

        >users that have a clear anti-EU bias

        If a government body wants to interfere in your privacy and take it away, isn't it normal to be against that government body pushing that policy?

        It's not a bias, it's just a normal common sense reaction to tyrannical behavior, and pushing against that government body is the only way to enact the positive change you want to see.

        Otherwise if you just bend over and take it all the time, just so randos on the internet don't accuse you of being "anti-EU", then nothing will change and you'll see more and more of your rights taken away.

        Alos, what's with this defensive attitude of treating the EU like some sacred cow that's somehow beyond reproach? Are they paying you guys to AstroTurf or what?

    • Thraway198 14 minutes ago

      Wow. Talk about ragebait.

  • m132 an hour ago

    The central bank, council, and commission have to get thoroughly investigated. The amount of questionable decisions coming from those three in the recent (15) years is extremely unsettling. The parliament and courts are practically the only institutions preventing things from hitting the fan at this point, and struggling to do so, it seems.

    • junto an hour ago

      I’m convinced of widespread corruption here. We need to follow the money. Who is funding and pushing this agenda to blanket spy on all Europeans? I guess my question is rhetorical.

      • SpicyLemonZest 12 minutes ago

        All the polling data I've seen suggests that scanning private messages for CSAM has overwhelming public support, and the only reason it's even in question is because of passionate advocacy by privacy advocates. What makes you think there's corruption and money on the other side of the debate?

      • cryo32 27 minutes ago

        I don’t think it’s a conspiracy or corruption. It’s just design by committee bureaucracy. It always fails into that state.

      • joe_mamba an hour ago

        >Who is funding and pushing this agenda to blanket spy on all Europeans?

        Why are we ignoring the other side of the transaction? The side responsible for taking the money.

        Giving bribes for lobbying is bad, but that would not be an issue if those found taking the bribes would be guillotined or hanged.

    • kingleopold an hour ago

      they dont investigate themselves, I hope you understand those details some day.

    • theodric an hour ago

      The government will investigate the government and find that the government did nothing wrong. A subsequent government review of the government's investigation of the government will find no wrongdoing on the part of the government. Ain't democracy grand?

    • joe_mamba an hour ago

      >The central bank, council, and commission have to get thoroughly investigated.

      By WHO?! They are THE (unelected) ruling elite. Who's gonna prosecute them?

      • tokai an hour ago

        OLAF I would assume.

      • surgical_fire an hour ago

        They are not unelected. The EU Council is made up of the head of government of each member state. They are all elected.

        The commissioners are picked by the heads of state (elected) and the EU parliament (also elected).

        This does not absolve them from wrongdoing, but you should understand where your complaints should be directed at.

  • bitcurious 2 minutes ago

    Hn is a goofy place. It feels like on odd days we see posts like this, about the EU creating this legal framework for the destruction of privacy. On even days we see posts about quitting American saas in favor of Europeans on the basis of privacy. Somehow the dots never connect.

    • bilekas a few seconds ago

      The dots connect very normally, politicians make mistakes. People need to protest against it.

  • mdp2021 2 hours ago

    Do also see:

    # Italy warns against Chat Control mass surveillance, but votes in favour of it (digitalcourage.social)

    https://news.ycombinator.com/item?id=48783340

    Do, because already there nuances (towards the better or worse) are revealed, which are not evident in journalism as we have it. The whole story needs more investigation than the stubs.

    But the way they are managing it in the workflow does not seem too linear...

    • stavros 2 hours ago

      "We are in favour of this law, so long as it is not used for its intended purpose."

      • mdp2021 an hour ago

        You should elaborate. And explain what you understood as "its intended purpose".

        My understanding of the vote last Friday was about protracting the 2021 temporary compromise (scan voluntarily until we have a full law), which was suspended at the beginning of April. It is not clear how they proceeded that way. It seems some vertices imposed that they would not accept a legal vacuum there. So, it's not a "law". What ran for the past five years was an "exception to privacy laws" (I am not informed of the mandated guardrails).

  • abroszka33 an hour ago

    There is no way to stop these so just lets get going. The sooner we have age and ID verification on every single website and app the sooner we will have a working decentralised internet that avoids it.

    • m132 an hour ago

      It's a strong signal to start building such an Internet and slowly withdraw from using anything centralized.

  • mattrighetti 2 hours ago

    They're not going to stop, are they?

    • stavros 2 hours ago

      It certainly seems like they'll stop after they pass it.

      • mattrighetti 25 minutes ago

        Even then, they’ll probably propose a Chat Control 3.0 because 2.0 was not enough

    • flumpcakes an hour ago

      Who is they?

      These pithy remarks don't really extend the debate or have any nuance - they just sound conspiratorial.

      There are plenty of reasons to "scan" communications.

      There are plenty of reasons to have limits on communication "scanning".

      What part of the spectrum do you fall on?

      • mattrighetti 19 minutes ago

        > Who is they?

        The European Commission, which drafted and has continued to promote the proposal

  • mdp2021 an hour ago

    What frightens me is, as usual, the assumption of conformism that may just remove people from services.

    "Present a document" // "No, certainly not to you" // "Do without then"

    The straight will say "no", but their lives will be extremely complicated, possibly in the unawareness of those that just take compliance to the absurd for granted - as the weak call survival paramount and cannot see that their modus is subjective. That we won't have it is something that they cannot even conceive. Adults are noise to them.

  • petcat 2 hours ago

    Am I crazy or is this website not allowing me to opt out of cookie tracking unless I sign up for a subscription?

    I know the EU cookie banners have basically ruined the internet, but this seems like a whole 'nother level of obnoxious.

    • buzer 2 hours ago

      It's called "pay-or-okay" (or "consent-or-pay") and there hasn't been many decisions on it yet which has led noyb to sue German DPAs: https://noyb.eu/en/years-inactivity-pay-or-ok-cases-noyb-sue...

      There is one case where DPA ruled in favor of the company, but it's currently being appealed: https://noyb.eu/en/pay-or-ok-der-spiegel-noyb-sues-hamburg-d...

      Another one ruled against company and court agreed: https://noyb.eu/en/court-decides-pay-or-okay-derstandardat-i...

    • mattrighetti 8 minutes ago

      > Am I crazy or is this website not allowing me to opt out of cookie tracking unless I sign up for a subscription?

      Extremely common practice for newspapers websites, unfortunately.

    • Lio an hour ago

      It's not EU cookie banners that have ruined the internet, it's malicious compliance and dark pattens on behalf of those that want to track you.

      • petcat 38 minutes ago

        The EU's own government websites have these same cookie banners. Are they maliciously compliant with their own regulations?

        EU made bad laws that have encouraged this kind of behavior. And now we're all suffering.

        Look at the CCPA in California for legislation that accomplishes largely the same goals, but doesn't break the web due to "malicious compliance".

    • jwr an hour ago

      As a reminder "EU cookie banners" are not required if you use cookies for site functionality. They are only required if your site uses these to track users.

      This needs repeating, it's a common misconception (deliberately spread by many, too) that the EU requires cookie banners for all cookies.

    • GuB-42 an hour ago

      Very common on EU news websites.

      Workarounds include:

      - reader mode

      - "behind the overlay" extension (and others like it)

      - archive.is

      - probably many others

    • netsharc 2 hours ago

      When they force that, it's an invitation for me to open it in an incognito window. Track all you want, assholes!

      • bayindirh 2 hours ago

        Try the demo on this site: https://fingerprint.com/demo

        Both in incognito and normal modes. I bet you'll get the same fingerprinting ID in both.

        So yes, they can track you in incognito mode, too.

    • m132 2 hours ago

      This is what made me disable JavaScript by default in 2018. I didn't even get this banner.

    • pmontra an hour ago

      You are correct. Reader mode on Firefox shows the full article though.

    • stavros 2 hours ago

      Wow, yeah, that seems... illegal, no?

      • wronex 2 hours ago

        Im pretty sure it is illegal. In my understanding, it must be equally easy to reject and accept. And the website MUST continue working under either choice. Which is not the case here.

        I think the lawmakers should have made all forms of tracking illegal instead. That would make law writing and following easier. And closer to the spirit of what they are trying to accomplish and what everyone wants (except you Silicon Valley O.o)

      • Carbon1603 21 minutes ago

        Nope, completely legal.

    • esafak 2 hours ago

      You Reject the undesirable ones (all!) and click Agree to Selected.

      • SahAssar 2 hours ago

        On these you usually can't reject them. It says

        > Data processing by advertising providers including personalised advertising with profiling (Consent required for free use)

      • em-bee 2 hours ago

        doesn't work, they don't let you unselect anything. you have to accept everything or pay.

        very frustrating because especially a tech magazine like heise should really know better

  • ascotan 8 minutes ago

    i thought apple is already doing this on all it's devices?

  • wronex 4 hours ago

    So what platforms will this apply too? What platforms Dow sit already apply too? All SMS, large email providers (Gmail?), WhatsApp, Apple services?

    • donmcronald an hour ago

      There have been a few incidents that make me think Snapchat private chats are monitored. The one with the guy joking to his friends about blowing up a plane or something is the first that comes to mind.

      Tell me how private messaging gets you taken off a plane otherwise. It’s not private. Big tech has put a camera and microphone in everyone’s pocket and they’re monitoring everything.

      The government and big (American) tech are very likely lying to us IMO. How will anyone protest when mass surveillance becomes the law if it’s already in place and you can be labeled a bad actor that gets your life ruined if you dissent?

      • mdp2021 an hour ago

        > How will anyone protest when mass surveillance becomes the law if it’s already in place and you can be labeled a bad actor that gets your life ruined if you dissent

        With the pure awareness that Men do not act out of convenience, and that this whole situation of declining societies was born out of already-fascist-material that acted out of convenience, with complacency.

  • kingleopold an hour ago

    it will %100 pass at some point. no way around it.

    • mdp2021 an hour ago

      The problem is /what/ will pass. What is this clothing limit? Pink, shocking, lime? Long sleeves, above the wrist or below? In the city center, in the suburbs, where?

      The issue is all in the details.

      And in the decision process, before that, of course.

  • spwa4 5 minutes ago

    This means the council has systematically overridden the will of both EU parliaments and states' objections in pushing this legislation. TLDR: there are, roughly and not 100% accurately speaking, 4 ways to make legislation at the EU level

    1) commission + parliament (meaning the EU commission has initiative (veto rights over any law, like the US president), and parliament can only "propose amendments", which pass with 50% of votes, or deny). This is what normally happens.

    Parliament denied the law. Twice.

    Member states vetoed the legislation at least 3 times (it doesn't technically work like this but member states can force the commission to veto legislation, and Belgium, Hungary and Denmark have done so) (technically member states can force the EU commission not to introduce legislation and because nobody else can do so either, this is normally effectively a veto)

    2) council + parliament. This is where we are. If the executives of the member states (NOT parliaments) want to push through a vote, they can use this path. The difference is that only 2/3 majority of parliament can stop the law from passing or put in amendments.

    Technically, this is meant for bypassing the EU commission. But of course, in reality it is for getting past the Danish and potential Belgian and Hungarian and other's vetoes. The commission really wants this.

    3) council + commission. This completely overrides any legislative involvement in ... well, legislation. They have already threatened to do this.

    4) the council can just force legislation through without anyone's approval

    Normally "democracy" in the EU means that legislation requires BOTH a majority of Europeans to agree (Parliament) AND no executive government. Both have already been bypassed.

    This refers to "Chat Control 1.0", allowing facebook and other messaging providers to scan chats for harmful content (which they had been temporarily allowed to do by a recently expired law). It means current scanning is illegal.

    Just so we're clear, this basically means that all messengers (not any specific one) will have to intercept everyone's messages, scan for specific words, and if found report the whole chat history to the police.

    Of course, it already turned out "BTW carrousel" (an illegal tax avoidance strategy) is one of the sentences they scan for to "protect the children".

    The article itself also contains evidence against the idea that this protects children (that child protection investigations keep increasing despite the scanning not taking place anymore)

  • stavros 6 hours ago

    Please email your members of parliament: https://fightchatcontrol.eu

  • SilverElfin an hour ago

    Governments don’t work for people. Yet they use terms like democracy all the time. The repeated attempts at chat control are so blatantly anti civil rights but also disrespectful of democratic principles. Why do EU citizens tolerate this? Are they okay being made a fool of or is this just not an issue for them after all?

    • flumpcakes 35 minutes ago

      > Why do EU citizens tolerate this?

      Some EU citizens want it? You'd be surprised on the views of some people.

    • theodric an hour ago

      How do you suggest people be intolerant? Essentially all the parties work toward these goals, so voting is ineffective. Speech is (more-or-less) allowed until it turns into strident protest, at which point the water cannons are brought out and a few token agitators are prosecuted for their instigation. I wouldn't want to call this tyranny, because I might get a knock on the door.

      • SilverElfin an hour ago

        Why not emphasize the issue of civil rights and make it disqualifying as a single issue for any politician? At least online it feels like people care about chat control a lot but when it comes to voting, the type of dystopian control EU bureaucrats are building isn’t in anyone’s mind. So politicians can get away with supporting those policies since there isn’t a consequence for them.

    • stavros an hour ago

      Well, we don't tolerate it, that's why it hasn't passed yet. They keep trying, though.

      • mr_toad an hour ago

        The power of the European Commission to propose legislation needs to be curbed or removed entirely. Executive agencies shouldn’t be writing legislation. It’s far to easy for them to propose laws that benefit the the European Commission, rather than benefiting Europeans.

  • sph 2 hours ago

    This is democracy manifest. What a joke.

    • MichaelZuo 2 hours ago

      It is a bit strange why EU countries allow their own credibility and legitimacy get steadily dragged down, bit by bit, by all these thousands of dubious statements, tricks, manoeuvres, and so on.

      Do they just not care about weakening their own societies?

      • graemep an hour ago

        Much the same reasons why the UK, US etc. do much the same. It is slowed down a bit in some countries with strong constitutions or resistance to it, but the governments all want it.

      • rckt 2 hours ago

        The govs consist of people who have their own agendas. Mass surveillance is something they all are aligned on.

      • SpicyLemonZest an hour ago

        I guess I'm not sure what's dubious here. The article says they're circumventing "democratic control bodies", but I don't know what that means (perhaps it's a more common phrase in German?), and it sounds like the European Parliament can still vote to reject Chat Control if they don't want it. The article strongly implies there's something dubious going on here, but to me what would be dubious is a procedure that prevents the parliament from voting on Chat Control.

      • theodric an hour ago

        They hold all the cards, and have means - above-board or questionable, but effective nonetheless - to enact their will. Do you remember the Treaty of Lisbon referendumS, plural? Just keep asking the question until the plebs answer correctly.

    • stavros 2 hours ago

      We have been enjoying a succulent Chinese meal.

  • superkuh 2 hours ago

    The same as every other fascist control measure. Voted down. Voted down. Voted down. Then forced through through some obscure mechanism bypassing the will of the people and becoming law forever.

    • flumpcakes 33 minutes ago

      > Then forced through through some obscure mechanism bypassing

      It was extending a recently expired law that has existed since 2011.

      I don't think your comment is reflecting on what has actually happened. "Chat Control" as people know it has not passed into law.

  • sunshine-o 3 hours ago

    At that point it has become clear to most Europe is not a democracy anymore. It has lost any legitimacy.

    • cbg0 8 minutes ago

      Talk about overreacting.

    • rixed an hour ago

      At the end of the day, regimes do not depend on legitimacy but on force.

  • vb-8448 4 hours ago

    > Although the Council emphasizes that the *scans will be limited to the absolutely necessary extent* and that no general, indiscriminate surveillance will take place

    I'm 100% sure that this is the case and about the good intentions of the proposers.

    /s