EU moves closer to new online child protection law after breakthrough deal
The EU has reached a breakthrough agreement that revives the long-stalled child online safety law. Countries agreed not to force apps like WhatsApp and Signal to scan encrypted messages, easing major tensions.
New Delhi: The European Union governments have come up with a breakthrough deal that reinvigorates a stuck attempt to enact a fresh law to counter online child sexual abuse. The agreement, which was reached on Wednesday, is the result of years of antagonistic lobbying between privacy advocacy groups, technology firms, law enforcement agencies, and child protection networks. Importantly, nations agreed that encrypted apps such as Signal and WhatsApp will not be required to scan personal communications, which eliminates the greatest barrier that hindered negotiations.
The compromise opens the way to formal negotiations with the European Parliament, which already took its position in 2023. Lawmakers have until April, when temporary regulations permitting voluntary scanning of child sexual abuse material (CSAM) will lapse. The two now have to work fast on getting the legislation clear.
Key compromise: No mandatory scanning
To avoid a disagreement, Danish negotiators diluted their initial suggestion and eliminated the disputed provision of mandatory scanning. Privacy activists had cautioned that it may create mass surveillance; encrypted messaging apps threatened to exit Europe should they be compelled to decrypt their messages, or they simply do so willingly. With the new deal, the platforms will be able to keep on scanning material at will as it is being done currently, although they will need to perform systematic risk assessments and enhance detection mechanisms.
Child rights groups were pleased with this development but reported that the compromise was not enough to establish strong, consistent safeguards. There are groups that are scared that restricting the tools of detection will leave illegal content embedded in the encrypted apps unnoticed.
Privacy vs. safety debate continues
Privacy advocates are also still on the alert, stating that the intended scanning actions might continue to widen in the future. Some advocates like EDRi claimed that the main protections still remain absent, and the CEO of Proton called to be more watchful of the attempts to install mandatory scanning by the back door.
The talks will become heated in January and will be headed by Cyprus as the representative of the EU governments. The head of the negotiation team at the European Parliament, Javier Zarzalejos, claimed that negotiations are on an urgent basis since the deadline is near April. The two camps are now running out of time to reach a final deal.