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PoliticsEU Council approves revival of CSAM scanning law, excluding end-to-end 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. Despite a majority of MEPs voting against it, the law could not be dropped entirely due to procedural rules requiring an absolute majority. Instead, Parliament reduced its scope by excluding E2EE chats. With Council's approval, the law will 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 remain stalled due to controversy.
Source report
EU ambassadors agreed on Thursday to revive interim rules for scanning digital communications to detect child sexual abuse material (CSAM), extending the regime until April 2028. The decision accepts the European Parliament's condition that end-to-end encrypted (E2EE) chats must be excluded from the scope of scanning.
Background
The original law, which expired in April, had permitted tech companies to voluntarily scan private digital communications for traces of CSAM for nearly five years.
Controversy and Opposition
Dubbed "chat control 1.0" by its detractors, the approach has been highly controversial from the outset. Privacy and cybersecurity experts argued that it normalised mass surveillance. Conversely, children's rights groups and tech companies viewed it as a crucial tool for combating the online surge in CSAM.
Members of the European Parliament (MEPs) refused to renew the regime earlier this year, leading to the interim law lapsing. However, under political pressure from the centre-right European People's Party (EPP) group and the Council, the legislation made a controversial comeback this summer.
Parliamentary Amendments
Although a majority of Parliament members voted to reject the law again, a higher bar—an absolute majority—would have been required at this stage of the procedure to drop it entirely. MEPs did not secure enough votes for that outcome. Instead, 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 being formally published in the 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," said Ireland's Justice Minister Jim O'Callaghan in a press statement.
Permanent Framework
The interim law is eventually 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
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EU Parliament Fast-Tracks CSAM Law, Excludes Encrypted Chats from Scanning