Chat Control: EU Commissioner backs Parliament line on targeted monitoring

• EU Commissioner backs Parliament position on targeted CSAM scanning
• Brunner dismissed surveillance risks, refusing the term "Chat Control"
• Trialogue negotiations are starting on Tuesday, December 9

After finally securing approval from the EU Council, the controversial Child Sexual Abuse Regulation (CSAR) is now ready for trilogues – the final round of EU legislative negotiations. Even with this milestone passed, however, a lively debate in Brussels yesterday suggests a contentious road lies ahead.

During a discussion within the Committee on Civil Liberties, Justice and Home Affairs (LIBE) on Thursday, December 4, EU Commissioner for Home Affairs Magnus Brunner delivered an assessment that likely caught many attendees off guard.

Brunner conceded that – while he remains committed to the original 2022 Commission proposal – he favors the Parliament's stance on targeted measures over the Council's push for voluntary indiscriminate scanning.

"I would prefer the Parliament position to the Council position, because the Council position is a compromise of a compromise of a compromise. But I still think the Commission's proposal is the best proposal," Brunner said.

Despite that, Brunner flatly rejected the term ‘Chat Control’ – the nickname critics have attached to the bill since its inception. He also brushed off privacy concerns raised by Markéta Gregorová of the Czech Pirate Party, who compared the proposed voluntary scanning to "forcing every citizen to hand every letter to the police to be opened and read before it is allowed to be sent."

"It's not about Chat Control, it's about protecting our children, it's about fighting against the pedophiles," Brunner argued.

All eyes now turn to the trilogue negotiations between the EU Parliament, Commission, and Council, which are set to begin on Tuesday, December 9, with the aim of locking in a final, binding text.

Leading the charge for the Parliament is Javier Zarzalejos, Chair of the LIBE Committee and Rapporteur. He stressed that legislators are entering negotiations with a "strong mandate" for targeted measures.

"The Parliament is well-equipped"

Even though the bill has finally attracted the required majority in the EU Council, the latest iteration of Chat Control is far from having gained full support.

Italy, the Czech Republic, Poland, and the Netherlands are still opposing the proposal. They are joined by many experts, who have argued that it may be "a disaster waiting to happen."

While the Danish Presidency decided to drop mandatory scanning obligations for all messaging providers, many believe the proposed voluntary solution could still lead to privacy and security violations.

"Let's face it. Voluntary or not, mass scanning is still mass scanning of private communications. And it does not help minors," said Gregorová, echoing similar concerns from the tech world.

With experts warning that the Council's proposal threatens people's privacy, Brunner's position, which favors the more targeted surveillance, offers a glimmer of hope for digital rights activists.

"Credit is due to Javier Zarzalejos for uniting the Parliament on this crucial issue," commented former MEP for the German Pirate Party and digital rights jurist, Patrick Breyer.

"With this strong mandate for fundamental rights and against indiscriminate surveillance, the Parliament is well-equipped to fend off the governments’ attack on digital secrecy and the right to anonymous communication."

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