Do you remember my Last post on chat control? Then I warned you about this digital dystopia that threatened us with the occasionless mass surveillance of all chats. The vote on October 14 should decide on the future of our digital privacy.
And now comes the good news:
The mandatory chat control has failed for the time being!
On 31 October, the Danish Presidency removed chat control from the bill. Client-side scanning? Off the table! Mandatory monitoring by WhatsApp, Signal and Co.? Not with us!
What happened?
The Danish Presidency has surrendered – and that's a damn good thing. The compromise proposal, which provided for mandatory screening of all private news, did not find the necessary majority among the EU countries. Germany had opposed the project after a long period of silence and massive public pressure. And that was the decisive factor.
Imagine: The vote, which we have all warned against, simply did not come about. No qualified majority, no law, no surveillance infrastructure. At least for now.
Why did that even happen?
Quite simply: You were fucking loud!
The ‘Stop Chat Control’ alliance submitted a petition with more than 300,000 signatures to the Federal Ministry of the Interior at the beginning of October. The CCC, D64, GFF, EDRi, hundreds of IT security experts, scientists, privacy advocates, and even child protection organizations have all pulled together. The entire professional community stood united against this project.
And then there was you. Every single one of you who shared the issue, talked about it, introduced yourself to politicians, or just signed the petition. That worked!
Germany has opposed chat control thanks to public pressure, and without German support, the necessary majority in the EU Council was lacking. This is democratic resistance as it should be.
The Federal Government celebrates; Rightly so?
The Federal Ministry of the Interior and Minister of Justice Stefanie Hubig (SPD) welcomes the new proposal, of course, exuberantly. Hubig stressed that "no red lines would be crossed" and that "elementary civil rights must also be safeguarded in the digital space".
Sounds good, right? But honestly: The federal government has been busy for a long time. The CDU/CSU-SPD coalition remained silent about the German position for weeks, even though the coalition agreement stated that it wanted to ‘guarantee the confidentiality of private communications’.
It was only when 300,000 people signed a petition and the public outcry could no longer be ignored that the clear ‘no’ came. That is good – but one should not forget that massive pressure was needed first.
But beware: The game is not over yet!
Now comes the part where I have to push the euphoria brake in a bit. The obligatory Chat control is off the table, that's great. But the new compromise proposal is based on voluntary.
What does this mean in concrete terms? Platforms such as Meta, Google or other large tech companies can continue to voluntarily filter content. And they are already doing so, especially the US providers scan uploads on their platforms for abuse reports and report them to authorities.
Why is this problematic?
MEP Birgit Sippel (SPD) strongly criticises the new proposal: ‘Leaving platforms to monitor is like refusing to take political responsibility.’ In other words: Instead of clear legal regulations, you leave it to the tech companies themselves how much they want to monitor. It's like the buck playing gardener.
The German Bar Association also warns of an ‘immense risk for professional secretaries’. Voluntary control also concerns sensitive communications of lawyers, doctors, journalists and others whose confidential communications must be protected.
And now IP data retention comes through the back door
Plot twist: Minister of Justice Hubig announces almost in the same breath that she is now the IP data retention considers it ‘required’ in order to combat abuse effectively.
Wait a minute? Wasn't that the measure that caused massive controversy in the SPD for years? That is criticized by data protectionists and constitutional lawyers as disproportionate? Exactly those!
The perfidious thing about it: There are No statistics, which demonstrate a better awareness rate in EU countries that have had IP data retention for years. It is an eventless mass surveillance with no proven benefit, but it is now to be sold as an alternative to chat control.
It's like saying: “Hey, we're not building a security camera in your living room, but we're tracking all your movements on the street now. Much better, isn’t it?’
What does all this mean for us?
Breathe in for the first time: The eventless, mandatory chat control with client-side scanning is off the table. This is a victory for fundamental rights, encryption and digital privacy!
But -> and this is important <- the debate is not over. In December, the interior ministers of the EU countries are to agree on a common position. After that, the trilogue negotiations between the European Parliament, the Council and the Commission will begin. And that is where it will be important to ensure that fundamental rights are respected.
The risks remain:
- Voluntary monitoring: Tech companies decide for themselves how much they scan
- IP data retention: The next form of eventless monitoring is already in the starting blocks
- Trilogue negotiations: In the back room, tightening can still be enforced
What can we do now?
Exactly what we've been doing all along: Stay alert and be loud!
- Continues to follow the development: Negotiations continue, the December vote is the next critical point
- Supports organisations such as the CCC, D64, GFF and the Stop Chat Control Alliance: You're doing the work on the front line.
- Talk to MEPs: EU parliamentarians will negotiate in trilogue - make clear to them that you want secure encryption and digital fundamental rights
- Shares further information: Many people still don't know what's at stake.
My conclusion
This is a victory, but not a final one. We have proven that public pressure works. That civil society, experts and committed citizens can make a difference. The chat control in its original, dystopian form has been stopped for the time being.
But be careful: The desires are still there. Politicians who believe that security comes from surveillance. Authorities that want more powers. And lobbyists who continue to fight for a weakening of encryption.
IP data retention clearly shows this: If Plan A doesn't work, simply pull Plan B out of the drawer. Indiscriminate mass surveillance with a different name.
Therefore: Stay vigilant. Stay critical. And most importantly: Stay loud!
We've shown in recent weeks that we can't just take away our digital freedom. And we shouldn't do that in the future either.
TL:DR
Encryption only works without backdoors.
Fundamental rights also apply digitally.
Surveillance should never become the norm.
Thanks to everyone who fought!
Sources:
- Golem: EU renounces unconditional chat control
- Heise: Chat control – Federal Government pleased, criticism from the European Parliament
- Young freedom: Reasonless chat control does not come
- BNN: Mandatory chat check from the table
Read more:
Stop chat control - Alliance | CCC opinion | GFF for chat control
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