As the European Union (EU) prepares for a critical vote on the controversial “Chat Control” law, Germany’s position could be pivotal. Proposed by Denmark, this legislation aims to eliminate end-to-end encryption for messaging services like Telegram, WhatsApp, and Signal. It requires these platforms to allow regulators to screen messages before they are encrypted and sent. While legislators from 15 EU member states have signaled their support, they fall short of the necessary backing, as they do not represent at least 65% of the EU population.
Germany, with a population of approximately 83 million, holds significant weight in this decision-making process. If Germany supports the bill, it would push the total population of countries backing “Chat Control” to around 322 million, or 71% of the EU. Currently, six member states remain undecided, including Germany, Greece, and Slovenia, and additional support is essential for the bill to pass.
Background on the “Chat Control” Legislation
The Regulation to Prevent and Combat Child Sexual Abuse (CSA) was first introduced in 2022 by former European Commissioner for Home Affairs Ylva Johansson. The initiative seeks to combat the spread of online child sexual abuse material (CSAM) by enabling the screening of messages prior to encryption. Despite earlier attempts to advance the legislation, it has not yet garnered sufficient support.
On July 1, 2023, Denmark assumed the presidency of the EU Council and declared that the directive would receive high priority. Member states are solidifying their positions ahead of a vote scheduled for October 14, 2023. Without Germany’s backing, the coalition supporting the bill faces significant hurdles.
Concerns and Opposition
Opposition to the “Chat Control” regulation is growing among various factions within Germany. According to the activist group Fight Chat Control, many German Members of the European Parliament (MEPs) are against the proposed law. Leaked documents from a July 11 meeting revealed widespread dissent across the political spectrum. MEPs from parties including the center-left Bündnis 90/Die Grünen and the far-right Alternative für Deutschland have voiced their disapproval.
Despite this opposition, numerous lawmakers from the ruling parties—Social Democrats, Christian Democrats, and the Social Democratic Union of Bavaria—remain uncommitted. There are concerns that these unaligned lawmakers might extend existing German laws regarding police surveillance to the entire EU. Notably, Germany already possesses laws that allow authorities to bypass encryption used by major messaging platforms.
Privacy advocate and software developer Jikra Knesl highlighted existing Chat Control practices in Germany, noting that companies like Meta share reports with law enforcement. If implemented across the EU, this could lead to significant privacy infringements affecting millions of innocent individuals.
Civil rights activists and several MEPs are rallying against the legislation. MEP Emmanouil Fragkos from the Greek Solution party has publicly raised alarms about the potential erosion of fundamental rights in the EU. The upcoming vote at the EU Council is crucial, as it will determine the future of digital privacy on the continent.
As the vote approaches, voices from civil society are amplifying concerns regarding the implications of “Chat Control”. Some argue that mandatory gaps in encryption could create new vulnerabilities, exposing users to cybercriminals and potentially undermining the effectiveness of law enforcement.
The FZI Research Center for Information Technology issued a position paper opposing “Chat Control”, acknowledging the bill’s intentions but warning that its implementation would compromise user privacy and weaken encryption standards.
Sascha Mann, a policy shaper at Volt Europa, questioned the proposed regulation’s effectiveness, suggesting that the vast amount of digital communication would lead to numerous false positives, overwhelming law enforcement efforts.
On October 14, 2023, the EU will face a decisive moment as it weighs the concerns of privacy advocates against the urgent call to combat child sexual abuse. The outcome of this vote will shape the future of digital rights in Europe for years to come.