On July 9, the European Parliament in Strasbourg voted to revive a temporary derogation to the EU's e-Privacy rules, allowing large tech platforms to voluntarily scan private messages for child sexual abuse material (CSAM). The move, which critics have branded "Chat Control 1.0," extends the interim measures until 2028, though they do not apply to end-to-end encrypted services like WhatsApp or Signal.
The vote was contentious: more MEPs opposed the measure than supported it, but the absolute majority needed to reject it was not reached. Digital rights organizations, including European Digital Rights (EDRi), have condemned the decision as a dangerous precedent. "It's a big breach of our digital rights and goes against basic EU values," said Simeon de Brouwer of EDRi. He argued that the EU is "outsourcing to private companies the work of law enforcement without any safeguards," effectively giving firms—mostly American ones—a "blank cheque" to inspect emails, photos, and videos and report findings to a U.S.-based center that then alerts EU authorities.
A Political Maneuver or a Necessary Safeguard?
Critics describe the revival as a political maneuver exploiting a legal loophole. The temporary framework had been struck down in March, only to be resurrected through a procedural vote. The European People's Party (EPP), the largest group in the Parliament, rejects the "Chat Control" label and insists the measure is essential. Dutch MEP Jeroen Lenaers of the EPP stated: "Our goal was to close a legal loophole that removed the legal basis for detecting child sexual abuse material. I'm confident that the permanent regulation will strike a balance between privacy and children's rights." He dismissed claims of mass surveillance as unfounded, accusing far-right, far-left, and Green MEPs of "setting up a massive public campaign about this with little regard for the facts."
The temporary rules are a stopgap until a permanent regulation, first proposed by the European Commission in 2022, is finalized. Talks on the permanent framework have stalled amid political infighting and lobbying, but sources indicate that negotiations may be nearing a deal. De Brouwer welcomed the fact that the permanent version, dubbed "Chat Control 2.0," currently excludes scanning of encrypted messages—a critical safeguard for journalists protecting sources and human rights defenders targeted by governments.
Children's rights advocates, however, urge urgency. Scharliina Eräpuro, a Swedish-Finnish singer and survivor of child sexual abuse, told Euronews: "Every single second, it's estimated that 10 children are being sexually abused online." She criticized politicians who vote against the rules without understanding the details, adding: "We can ensure that there is privacy and that children are protected." Eräpuro called for long-term solutions that address AI-generated CSAM, noting that around 60% of known child sexual abuse material is hosted in Europe. "Europe can be an incredible role model for the rest of the world," she said.
The debate highlights a fundamental tension between privacy and child protection. Lenaers invited opponents to propose alternatives, suggesting that police and law enforcement should be given the necessary competences rather than relying on private companies. As negotiations resume after the summer recess, the outcome will shape how the EU balances digital rights with the fight against online exploitation—a question that resonates across the continent, from Brussels to Berlin and beyond.
