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Chat Control proposal fails again after public opposition

iamnothere

Great news. Now maybe we can go on the offense for once. Work to enable constitutional protections against this sort of thing, and develop systems that can work around it if and when this comes back again.

There are places in the world today where only sneakernet communication has any semblance of privacy, so we need non-specialist tools that can provide privacy and secrecy regardless of local conditions. (I’d love to see more communication tools that don’t assume an always-on connection, or low latency, or other first world conditions.)

varispeed

Many countries have such protections, for instance Germany. They could actually issue arrest warrant for all involved as Chat Control amounts to attempt at terrorism (act of indiscriminate violence for ideological gain) against German people and that is illegal. Problem is that there is widespread apathy and lack of will to act.

skrebbel

That’s a scary broad definition of “violence” you got there.

noir_lord

Yes and then again no - Given the Germans history (Nazi's then decades of the Stasi) you can understand why some of them feel that way.

varispeed

Not really. A snippet I posted before:

If terrorism is defined as using violence or threats to intimidate a population for political or ideological ends, then “Chat Control” qualifies in substance. Violence doesn’t have to leave blood. Psychological and coercive violence is recognised in domestic law (see coercive control offences) and by the WHO. It causes measurable harm to bodies and minds.

The aim is intimidation. The whole purpose is to make people too scared to speak freely. That is intimidation of a population, by design.

It is ideological. The ideology is mass control - keeping people compliant by stripping them of private spaces to think, talk, and dissent.

The only reason it’s not “terrorism” on paper is because states write definitions that exempt themselves. But in plain terms, the act is indistinguishable in effect from terrorism: deliberate fear, coercion, and the destruction of free will.

bee_rider

I mean, eventually if it had become a law it would, I guess, as an ultimate backstop be enforced by violence (like all laws, if you break them persistently and annoyingly enough). But, it wouldn’t be indiscriminate, right?

mantas

The problem is that EU laws is above national laws. Thus legally any law can be pushed at EU level, even if it breaks national laws. If such law passes, then it’s on member states to adjust their laws.

r_lee

Can't wait for it to be reintroduced as "Protecting Children and Countering Terrorism Act" in 26/27

stavros

If our politicians knew anything about anything, they'd take a leaf out of the US' book and call it "Preventing Risks Online; Thwarting Exploitation of Children and Terrorism": the PROTECT act.

YeahThisIsMe

I hate how accurate this is.

wewewedxfgdf

Who wants this?

Who is driving it?

Who wants this so much that they have gone to the massive expense and effort?

Whoever it is - they know thet defeat is only temporary, and if they keep bringing it back from the dead, eventually it will succeed.

input_sh

Ashton Kutcher, Demi Moore and a couple more Hollywood celebrities united under an "NGO" called Thorn(.org).

That "NGO" also happens to sell a tool called Safer(.io) that allows website owners to check hashes against known CSAM material, which I'm sure is unrelated.

They also happened to have shadily employed some former high-ranking Europol officials, which is again just a pure coincidence.

Balkan Insight did wonderful investigative reporting on them a couple of years back: https://balkaninsight.com/2023/09/25/who-benefits-inside-the...

Tade0

I've heard those celebrities talk about this. What they (willfully?) ignore is that law enforcement is already too understaffed to handle every child abuse case with proper care, so giving them even more cases to work with won't achieve anything.

squarefoot

The problem isn't actual cases to work with but the ton of personal data swallowed by their AI that can be used at any time for different purposes than protecting kids, which has never been the #1 purpose of those laws.

In the meantime, the number of children killed in Palestine and West Bank has surpassed 20 thousand in 2 years, and famine hit more than half a million children in Sudan. It's not like they were short of ways to show they really care about kids, but alas they don't at all. It's just an excuse to restrict personal liberties.

Onavo

Didn't multiple HN comments trace that NGO back to the US State Department?

input_sh

Well if you say that HN comments you haven't cited say so... am I supposed to immediately believe it?

hexbin010

Could it be any more obvious that it links back to the US gov?

SiempreViernes

Most of all this noise is just the product of the drawn out legislative process of the EU, the commission included chat control in a larger package suggested ca 2021 and it's been working itself through the system since then, generating headlines every few months.

By now it's just too late to take it back and start over without including chat control.

lysace

The ultimate goal is to make anonymous speech online seem shady and suspicious (only trust thoughts from certified citizen accounts) and to make people more cautious about what they write online. Politicians are really tired of being mocked by anonymous people immune to being shamed with the help of the fourth estate (press). This legislation is one piece of the puzzle.

The people pushing this come from the usual power centers in European politics, the (current) centrists. They feel motivated to protect their positions against encroachments from what they consider extremist positions (be it e.g. economic left or right, or a or b on some other scale.)

petre

And what they will do, if they succeed, is provide tools of repression to the extremists which of course will win the elections once confidence in the centrisrs shall further erode.

lysace

Of course.

gnarlouse

I don’t get how this debate keeps cropping up. Is there not some career disincentive/consequence where if you try to push Encryption back doors, you get demolished in your re-election

SiempreViernes

Having taken a closer look, there's nothing really nefarious going on: what is mainly happening is that every step of the very long process of passing a EU regulation is getting lots of attention.

Back in 2020 or so the commission first proposed the reform that contains the chat control provisions, then there was like a year or two of well published fighting in the European Parliament (EP) before they reached a position on the entire reform (notably excluding chat control).

Meanwhile the council of minister (effectively the upper house of the EP) didn't get around to forming an opinion before the parliament, so they are doing that now, which means it the same fight over chat control all over again but with different people.

After the council of ministers agrees on a position on the entire reform proposal from the commission we'll get even more rounds of bickering over what the final text should be: the trialogue. Those tend to be very closed, but with how much attention chat control is getting expect lots of leaks and constant news about who's being an ass during that step too.

Note that it is explicitly expected that each of the thee bodies will come up with different positions on many aspects of a regulation proposal, so there is nothing strange with the commission or the council suggesting some the parliament has opposed.

ntoskrnl_exe

That's why they do it so stealthily, most of the time encryption isn't even mentioned. What they often do is talk about the need to "protect the children" at the responsibility of the service provider, who in order to comply would have to disable encryption on their own. It would technically remain legal, only banned de jure.

Also most average people don't know anything about encryption or backdoors, not even the meaning of those words. In their minds they have nothing to be concerned or mad about.

noir_lord

They only have to get "lucky" once, we have to get lucky every time so it makes sense if you want this to keep pushing it - once the law is passed it's much harder to revoke it later.

The people pushing it are ~bribed~ lobbied hard by groups who want this so they don't care about wasting their time or resources since they are getting paid for it.

> Is there not some career disincentive/consequence where if you try to push Encryption back doors, you get demolished in your re-election

In a somewhat ironic turn of events we don't know who was pushing it this time as they where protected by anonymity - one rule for them I guess and another for everyone else.

mpalmer

Gotta get the average voter to know/care more for that to happen.

throwaway81523

The first thing to check in new versions of the proposal is whether they include an exception for the government, as they always do. If the proposers think the scanning is so safe, why don't they want the government to use it too? As soon as it says the government is exempted, you know that the rest can be tossed in the trash without much further examination.

fguerraz

I really don’t think this has anything to do with pressure from the 10% of the public that can afford to care about this.

Politicians, and more importantly influential people, also rely on the same tech as we do and they have infinitely more to lose if their communications leak.

djcannabiz

The politicians gave themselves an exemption from the scanning. This is just from the top search result but this is widely reported.

“The scanning would apply to all EU citizens, except EU politicians. They might exempt themselves from the law under “professional secrecy” rules” https://nextcloud.com/blog/how-the-eu-chat-control-law-is-a-...

fguerraz

Yes, but they would be immune from a legal point of view, they would still have to use the same backdoored software.

petre

Von der Leyen's phone was convenintly erased before it could be used as evidence in a court case against her. So no. Maybe stuff will leak but this isn't South Korea with two presidents in jail and thd last one on his way to jail.

vb-8448

the real question is: when and in what form will it be re-proposed next?

ryandrake

As often as possible. They only have to win once. The people need to win every single time.

marginalia_nu

This is pretty problematic for the EU as an institution. It is actively undermining its already questionable legitimacy. The powers that be largely aren't democratically elected, and there really aren't any mechanisms with which European citizens can hold them accountable for their actions.

Every time they pull a stunt like this, this becomes a little bit more clear. If the EU wants to avoid the spread of euroskeptic populist parties, they should be working to patch the system and be building legitimacy and credibility, rather than be seen working to undermine it.

NicuCalcea

Chat Control is an initiative of the Council of the European Union, which is made up of ministers from each member state. Citizens can hold them accountable the same way they hold their ministers accountable normally.

petre

Perhaps we should start throwing politicians in the garbage bin like the Ukrainians used to? Maybe then they'll get a hint?

https://www.youtube.com/watch?v=A8q-Zx8gIbg

pqtyw

To be fair it would be outright unconstitutional in a at least a few EU countries. Then there are the courts on the European level. One way to truly kill it might be to allow Chat Control to go to the end where it actually becomes a major issue on the national level in those countries.

Of course that would be a very, very risk approach...

roelschroeven

Probably combined with a bunch of unrelated laws, in an unrelated legislative committee, all to try to keep it out of public attention.

gblargg

Or done quietly outside of the public's attention, assuming it's not already being done.

meowface

25th time's the charm

p0w3n3d

While True: ProposeChatControl() and return

beezlewax

Comparing electronic chats to former communication methods... Would people have objected to the government scanning all of their physical postal letters for keywords that might suggest something illegal? Don't they need some legal ground to do this in advance of the act?

Why are chats different?

throwaway494932

They are not. For example, according to Italian Constitution [1], chat control is unconstitutional:

    Art. 15
    Freedom and confidentiality of correspondence and of every other form of
    communication is inviolable.
    Limitations may only be imposed by judicial decision stating the reasons and
    in accordance with the guarantees provided by the law.
note the "EVERY" other form of communication. (Maybe somebody will be able to twist in a way that makes chat control constitutional, or somebody else will argue that since it is an EU law the constitution doesn't matter, but the spirit is clear)

[1] https://www.senato.it/documenti/repository/istituzione/costi...

marginalia_nu

Arbitrary interception of messages is a violation of the constitution in several European countries. The expectation of privacy in messaging is also codified in Article 8 of the ECHR, although with the usual nebulous exceptions.

This is an excerpt of Swedish Regeringsformen[1]:

> Everyone is also protected against body searches, house searches and similar intrusions, as well as against the examination of letters or other confidential mail and against the secret interception or recording of telephone conversations or other confidential messages.

[1] https://lagen.nu/1974:152#K2P6

cerved

You can't break encryption "only sometimes"

AnthonyMouse

If you don't record every conversation that happens in a private home, you can't retroactively wiretap them "only sometimes". If you don't open and scan everyone's mail, you can't go back and read the ones they've already received "only sometimes".

Why is that a problem? Then you just don't do it at all. Society can survive two people being able to have a private conversation.

YeahThisIsMe

The speed of communication has changed a little bit, but still, a hard "no" to the government reading everything I say.

Digital communication is more direct speech, including maybe whispering, than it is writing a letter.

beezlewax

If it is direct speech and they can monitor it. What's the next step? Turning on the microphone on your phone and logging everything in earshot for "security".

Definitely a hard no!

subscribed

You mean to the indiscriminate reading of ALL the letters without the court order?

Ummmmm....yeah? You don't? It's enough the metadata is collected already.

hexbin010

Is it because they're focusing their efforts on the much worse ProtectEU? I can't keep up

ewuhic

Will we get new cute domains for websites against the initiative when it is reintroduced once again?

shevy-java

People, as I reasoned on reddit - do not trust those who want to push for it. Several mega-corporations want it. See how lobbyists continue to fight for this.

Watch them carefully. They will 100% try again. The enemy is the general public.

api

Big corporations like expensive complicated regulations and onerous mandates because it’s a moat. They can afford to comply while indie companies, open source efforts, and startups cannot. The cost of regulatory compliance is nothing compared to the benefit of not having to compete.

A heavily regulated market becomes an oligopoly of a few players with revolving door access to government and often interlocking directorates, patent cross licensing, and other ways of further colluding to keep out competition.

This is why, for example, the big lavishly funded AI ventures are all about “safety” regulation. It would stop anyone from competing. So far that effort has also failed but expect them to keep trying.

mouse-5346

If these AI companies wanted to preserve privacy they would have done it immediately after it was apparent OpenAI scraped data it shouldn't have to train it's models. Any resistance and privacy concerns these businesses raise now is only to gatekeep training data out of the hands of.would be competitors and only accessible to themselves.

echelon

> They will 100% try again.

We only have to lose once. Erosion is a process.

Every country should fight for constitutional protections for its citizens' rights to (internet) privacy. But that'll never have support from politicians, and laypeople don't have the ability to appreciate this highly technical and nuanced topic.

It's only when opposition is mounted to each individual attempt that we can rally public support. Sadly, we can only muster this energy in the face of losing freedom. And it only has to falter once.

rsynnott

In practice, this is likely both unconstitutional in many member states and at least pretty dodgy with respect to the EU’s can’t-believe-it’s-not-a-constitution.

null

[deleted]

hereme888

[flagged]

mcny

I wouldn't trust a single word that comes out of his mouth.