Talks unblocked after countries agree Signal, WhatsApp won’t be forced to scan messages through ‘Chat Control.’
BRUSSELS — European governments struck a deal on Wednesday that clears the way for new rules protecting kids from child sexual abuse online.
The agreement among countries puts an end to a years-long, heated lobbying fight that pitted privacy groups and even Elon Musk against law enforcement and child rights groups.
The proposed law — which is now on track to pass by an April deadline, pending final talks with the European Parliament — would allow online messaging apps to scan content to stop the spread of child sexual abuse material (CSAM) and child grooming, and require platforms to do more to detect and take down content.
Advertisement
Advertisement
Child rights groups say the deal struck by countries will go some way toward tackling the problem of child abuse online, even if it doesn’t go as far as they had hoped.
To land an agreement, Danish diplomats who led negotiations in the Council of the EU softened their proposal to steer clear of a controversial “mandatory scanning” clause, which would have forced apps like Signal and WhatsApp to scan their services for illegal content.
That idea — labeled “Chat Control” by privacy campaigners, who argued it would open the door to state surveillance — was also fought hard by end-to-end encrypted messaging apps. Signal had threatened to cease its services in Europe if the “Chat Control” proposal had moved forward.
The compromise approved by EU ambassadors on Wednesday allows companies to decide voluntarily whether to scan their services, which is the current status quo under a temporary legal exemption that expires in April.
It also places fresh obligations on platforms, including mandatory risk assessments.
The deal clears the way for the Council to start negotiations with the European Parliament on a final text. Parliament reached its position on the law in 2023.
Advertisement
Advertisement
Wednesday’s compromise doesn’t fully please either camp in the lobbying fight. Police and investigators fear illegal content will remain out of sight on end-to-end encrypted applications, while privacy activists say large-scale surveillance of communication will still expand.
Privacy activists voiced concerns over the proposal, particularly over how targeted the scanning measures would be — a sign that they’ll continue to pressure negotiators in coming months.
Andy Yen, CEO of the Swiss privacy-friendly tech maker Proton, said in a statement it is “vital we all remain vigilant” against attempts to introduce mandatory scanning “through the back door” during the negotiations.
Ella Jakubowska, head of policy at digital rights group EDRi, said there’s “a lot still to fix in the Council’s text.”
Meanwhile, ECLAG, a coalition of child rights groups, said it is “concerned by the absence of mandatory detection orders” in the Council compromise.
Negotiators in the Council and Parliament have a hard deadline of April, when a temporary legislation allowing apps to scan for CSAM expires.
The lead negotiator for the Parliament, Spanish lawmaker Javier Zarzalejos, said in a video posted on X that the negotiations are “urgent.”
Cyprus will lead negotiations on behalf of the Council starting in January. A Cypriot official said it is “in full awareness of the April deadline.”