Against the backdrop of the upcoming decisions in the EU Council on the EU Regulation on “laying down rules to prevent and combat child sexual abuse” (CSAM Regulation) and the resulting trilogue negotiations, eco – Association of the Internet Industry comments on the latest developments in the positioning of the Member States and places them in the context of its repeatedly expressed criticism of mandatory chat control.
Alexandra Koch-Skiba, Head of eco Complaints Office, states:
“eco welcomes the Council’s decision to refrain from mandatory search and disclosure orders, particularly with regard to end-to-end encrypted services. In its position on the CSAM Regulation, the European Parliament has also spoken out against mandatory suspicionless searching of private communications. From the perspective of the Internet industry, it is crucial that this stance prevails in the trilogue. This is because the search of private communications without cause is contrary to fundamental rights, is technically misguided and endangers everyone’s security. Mandatory search and disclosure orders should therefore no longer be part of the CSAM Regulation at the end of the trilogue. Any form of indirect or ‘de facto’ search obligation for all digital communication providers would also weaken encryption. At the same time, it is important that the Commission, the Council and the Parliament agree promptly on a stable and legally secure basis for voluntary detection procedures by companies.”
