The dispute over digital letter secrecy in the EU is reaching a new level of escalation shortly before the summer break. After negotiations on Chat Control 2.0 – i.e., the mandatory, suspicionless scanning of encrypted communication – stalled due to persistent resistance in the EU Parliament, the Council of Ministers is now pushing forward with a legal maneuver.
The member states want to reactivate the transitional regulation for voluntary monitoring of messages by technology groups, which expired on April 3, in an expedited procedure. The Council adopted a corresponding position for a “new” regulation on Thursday via written procedure to close a looming legal loophole and increase pressure on MEPs.
The reason for the trick: Since the end of 2020, internet-based, number-independent communication services such as messenger apps, webmail, and VoIP telephony have been subject to the strict provisions of the European E-Privacy Directive. This protects the fundamental right to confidentiality of communication and prohibits unauthorized interception or evaluation of content and traffic data. To still allow technology providers to voluntarily search private chats using AI and hash matching for known abuse material or grooming patterns, the EU lawmakers created a temporary exemption in 2021. This regulation, referred to as Chat Control 1.0, expired in the spring, as the Council and Parliament could not agree on an extension.
