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PoliticsEU ambassadors agree to revive CSAM-scanning law, excluding encrypted chats
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EU ambassadors agreed on Thursday to revive interim rules allowing voluntary scanning of private digital communications for child sexual abuse material (CSAM) until April 2028, accepting the European Parliament's amendment that excludes end-to-end encrypted (E2EE) chats from the scope. The law, known as 'chat control 1.0' by critics, had expired in April after MEPs refused to renew it. However, under pressure from the centre-right EPP group and the Council, the legislation was revived this summer. Although a majority of MEPs voted against the law, they lacked the absolute majority needed to kill it entirely, instead reducing its scope by excluding E2EE chats. The Council's approval means the law will soon come back into effect after formal publication. The interim measure is intended to be replaced by a permanent child sexual abuse regulation (CSAR), but negotiations on that remain stalled due to similar controversies.
Source report
Brussels — EU ambassadors agreed on Thursday to revive interim rules allowing the voluntary scanning of digital communications for child sexual abuse material (CSAM), with the legislation set to remain in effect until April 2028. The decision follows the European Parliament's condition that end-to-end encrypted (E2EE) chats be excluded from the scope of scanning.
Background
The law, which expired in April, had permitted tech companies to voluntarily scan private digital communications for traces of CSAM for nearly five years.
Dubbed "chat control 1.0" by its critics, the approach has been highly controversial from the outset. Privacy and cybersecurity experts argued that it normalised mass surveillance, while children's rights groups and tech companies viewed it as an essential tool for combating the online surge in CSAM.
Legislative Path
MEPs refused to renew the regime earlier this year, causing the interim law to lapse. However, under political pressure from the centre-right European People's Party (EPP) group and the Council, the legislation made a controversial return this summer.
Although a majority of Parliament members voted to reject the law again, a higher bar — an absolute majority — was required at this stage of the procedure to drop it entirely. MEPs did not secure enough votes for that outcome, but they agreed to reduce the scope of legal scanning by amending the text to exclude E2EE chats.
Next Steps
With Council ambassadors approving the Parliament's text on Thursday, the law will shortly come back into effect after its formal publication in the EU's Official Journal.
"This is the right thing to do, and I am confident that the same sense of responsibility will guide us in negotiating long-term rules for the detection of child sexual abuse online," Ireland's Justice Minister Jim O'Callaghan said in a press statement.
Permanent Framework
The interim law is ultimately intended to be replaced by a permanent framework — the Child Sexual Abuse Regulation (CSAR). However, that legislation remains no less controversial, slowing negotiations that are still ongoing.
Source
EuractivWestern
Part of this Story
EU Parliament Fast-Tracks CSAM Law, Excludes Encrypted Chats from Scanning