March 28. 2024. 10:21

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Majority of EU countries support scanning of audio communications


A majority of the EU Council of Ministers seem to favour expanding the scanning of private messages to audio communications to detect child sexual abuse material, according to a new document dated 12 May and seen by EURACTIV.

Last week, EURACTIV revealed a legal opinion from the EU Council’s in-house lawyers levying criticism at an EU proposal to fight child sexual abuse material (CSAM).

The Swedish presidency consequently asked EU countries for their positions on four key issues: detection orders, voluntary detection, end-to-end encryption, and the proposal’s scope, namely, if the draft law should also cover audio communications.

According to the presidency, all but three member states provided their input, and there is a ‘clear majority’ that supports the inclusion of audio communications in the regulation’s scope.

The legislative proposal would empower judicial authorities to issue detection orders on communication services like emails or messaging apps considered at significant risk of being used to disseminate CSAM.

EU Council’s legal opinion gives slap to anti-child sex abuse law

The legal service of the EU Council of Ministers slammed the EU proposal to fight child sexual abuse material (CSAM), criticising, in particular, the ambiguity of detection orders and their possible impact on privacy rights.

The CSAM draft law has faced …

Audio communications

In the initial text, the detection orders would mandate these service providers to implement AI-powered tools to detect known CSAM, new abusive material and grooming, namely the practice of a predator trying to lure a child.

The Swedish presidency reported that, while there is strong support for detection orders to cover known CSAM, the member states’ positions are ‘more nuanced’ for the other two types of content, which experts say are more challenging to detect.

Still, the implications of extending the scope of detection orders to audio are potentially far-reaching, starting from the fact that it is still being determined whether that would cover voice messages or phone calls as well.

According to a source from the telecom sector who spoke to EURACTIV under the condition of anonymity, including audio communications would be extremely negative, not only for the privacy of conversations but also for the security of the entire network.

In addition, the document does not differentiate between number-independent communication services, such as instant messaging apps like Messanger, and number-based ones, through which users can call international and national numbers. The latter type was previously excluded from the scanning rules in a compromise text.

Number-based communications services excluded from EU scanning rules

The EU Council is moving towards excluding number-based communications services from the scope of the regulation on Child Sexual Abuse Material (CSAM) in a new text that also refines delisting, removal and blocking orders.

End-to-end encryption

The EU countries have also discussed the most controversial aspect of the legislative proposal: detection orders are at odds with end-to-end encryption. This technology allows only the receivers of the communication to decrypt its content.

On this crucial point, the Swedish presidency notes that the discussions were “inconclusive”.

EU countries in search of ‘solutions’ over data retention, encryption

Data retention and encryption emerged as the most pressing issues for law enforcement in the EU government’s comments on the establishment of a High-Level Expert Group on police access to digital data.

Next steps

The file is due to land on the Permanent Representatives Committee (COREPER) desk on 17 May.

According to the president’s note, the EU ambassadors have three decisions to make: whether interpersonal communications should be part of the detection orders’ scope, and if so, whether the detection order should apply to known CSAM, unknown CSAM, grooming and also audio communications.

Moreover, the EU diplomats are also expected to provide political guidance on the detection order regarding interpersonal communications, including “the implications for end-to-end encryption.”

At the same time, the document notes that several countries entered partial or general scrutiny reservations, meaning that they cannot formally agree on the text until they receive further instructions from their governments.

Child sexual abuse material: EU Council proposes survivors’ board

A new EU Council presidency compromise text of the proposal aiming to prevent child sexual abuse material (CSAM) online introduces a survivors’ board and puts more focus on competent authorities.

Read more with EURACTIV

Data Act: Trade secret safeguards shall be exception not rule, Commission says

Data Act: Trade secret safeguards shall be exception not rule, Commission says

The European Commission is open to introducing a mechanism for protecting trade secrets in the Data Act as long as it remains an exception rather than the rule, according to an internal note seen by EURACTIV.