EU extends mass scanning of messages without a warrant

Members of the European Parliament (MEPs) have failed to block a proposal extending the mass scanning of private communications, a measure they have previously rejected twice.

This time too, more votes were cast against the proposal than in favor, but due to the absence of numerous MEPs on the eve of the summer recess, the motion to reject did not attain the necessary absolute majority. The proposal passed by default.

Similarly, an amendment to require warrants for the scanning received more votes in favor than against, but failed to attain the necessary absolute majority to pass.

The so-called Chat Control 1.0 law will now be extended through 2028.

According to its supporters, the measure can be seen as a vital component in the fight against the sexual abuse of children, while opponents see it as a move to restrict privacy.

This has been a long-running battle within the European Union. Last November, the European Commission put a halt to proposals for large-scale monitoring and proposed a voluntary approach. This has now changed. Under the new measure, service providers will be able to scan private messages without a warrant. This affects direct messages on platforms including Discord, Skype, Instagram, Snapchat, and Xbox, as well as emails sent via Google’s Gmail and Apple’s iCloud. Encrypted services like WhatsApp remain unaffected.

“Today’s vote on the interim regulation was a setback, but the political battle over the permanent ‘Chat Control 2.0’ is just getting started. The resistance we saw in Parliament today was so strong that finding a majority for permanent, suspicionless mass scanning in future negotiations is a complete pipe dream,” wrote Patrick Beyer, a long-standing critic of the proposal and a former MEP himself.

In November, he warned that enterprises could be affected by the measure. “For a corporation, a ‘false positive’ could mean that confidential internal documents, code, or strategic plans are flagged and sent to external authorities or police forces without the company’s knowledge.”

Discussions on a permanent solution to the issue are continuing, with some firmly entrenched views on both sides. “The core dispute between the EU Parliament, member state governments, and the EU Commission remains the scanning of private chats: should it be indiscriminate, or targeted at criminal suspects?” wrote Beyer.