As the old saying goes, the price of freedom is eternal vigilance.
Prove it. Every statistic I've ever seen shows the exact opposite of this to be true.
Which is a bit complicated here, as the EU has no real constitution and this 'law' (really a regulation) is a blatant violation of the constitutions of countries that did choose to establish secrecy of correspondence.
(there is another process which calls for a convention, but such a convention would have broad powers to change many things and so far the "two sides" (US rules tilt toward two parties rather than more) have been too scared of what might happen to do that)
And the willingness and ability to enforce it. The current iteration of ChatControl is pushed by Denmark, which is at present the President of the Council of the European Union. The Danish Constitution itself enshrines the right to privacy of communication [0], but this is not stopping Denmark from wanting to ratify ChatControl anyway.
Sometimes there are some mechanisms to block unconstitutional (or other regulation) laws from passing but they're limited
Not sure how that would apply at the EU level or even at the Danish level
I think it’s always the case, no? Unless the unconstitutional law is approved, there is nothing to dispute in court.
What the TLDR of the motivation behind this? Is it just politicians playing to their base (think of the children) or corporate lobbying. or religion, etc?
Seems to me that the negatives of passing something like this are super obvious and dystopian.
Generally speaking, there is a lot of dark money in Danish politics, and the EU has repeatedly flagged Denmark as a country lacking in transparency with regards to corporate lobbying: https://www.altinget.dk/artikel/eu-kritik-af-danmark-puster-...
Generally speaking, the Danish government also tends to behave in authoritarian ways. E.g., Denmark has wilfully violated EU regulations on data retention for many, many years. In 2021, a Danish court ruled that the Danish Ministry of Justice could continue its mass surveillance practices even though they were (and still are) illegal under EU law: https://www.information.dk/indland/2021/06/justitsministerie...
Currently Denmark is also trying to leverage its position as the President of the Council of the EU to legalise, on a EU-wide level, the form of data retention that Denmark has been illegally practising: https://ec.europa.eu/info/law/better-regulation/have-your-sa...
In the charter, the protection of personal data and privacy is a recognized right. So chat control is also probably against the EU law.
I would hope the EU courts would disagree, but I'm not sure if anyone can say until it's tested directly.
> The CLS concludes that, in the light of the case law of the Court of Justice at this stage, the regime of the detection order, as currently provided for by the proposed Regulation with regard to interpersonal communications, constitutes a particularly serious limitation to the rights to privacy and personal data protection enshrined in Article 7 and 8 of the Charter.
https://data.consilium.europa.eu/doc/document/ST-8787-2023-I...
The right to private communications was modified by the ECHR to give an exemption for prevention of crime/protection of morals/etc.[1] and the right to protection of personal data exempts any legitimate basis laid down by law[2].
[1] https://fra.europa.eu/en/eu-charter/article/7-respect-privat...
[2] https://fra.europa.eu/en/eu-charter/article/8-protection-per...
For example, in the EU you technically have the right to freedom of expression, but you can also be arrested if you say something that could offend someone.
Similarly rights to privacy are often ignored whenever a justification can be made that it's appropriate to do so.
I don't know about elsewhere in the world, but here in the UK you don't even have a right to remain silent because the government added a loophole so that if you're arrested in a UK airport they can arbitrarily force you to answer their questions and provide passwords for any private devices. For this reason you often here reports of people being randomly arrested in UK airports, and the government does this deliberately so they can violate your rights.
You probably mean hate speech.
We have laws like that too in Canada. It is a good thing.
The issue is what is the European Commission willing to do in order to guarantee that fat contract check goes to Palantir or Thorn or whoever has the best quid pro quo of the day.
This is not Stasi this is Tech billionaires playing kings and buying the EC and Europol for pennies on the dollar and with it the privacy of virtually every citizen of zero interest for law enforcement or agencies.
Like, constitution both defines the rights of citizens and the limits of those rights and the same goes for the states.
I feel as if the creators of constitutions think that it is a set of checks and balances...
Just as if how a citizen violates something written in the constitution, the state can punish it.
In the same manner, I believe that the constitution thought that if the state violates some constitutional right of citizen, then citizens can point that out and (punish?) the state as the legitimacy of state is through that constitution which they might be breaking...
I concur (fancy word for believe which I wanted to share lol) you are talking about america. The thing is, revolutions are often messy and so much things are happening in america that I think that people are just overwhelmed and have even forgotten all the stuff happening in the past... Like tarrifs were huge thing, then epstein news then this I think autism thing by trump.
Like, the amount of political discourse is happening less and idk, oh shit, just remembered the uh person deporting thing which was illegal which was done anyway
If these things happened in isolation, they would all have huge actions against govt. but they are happening back to back and so everyone's just kinda silent I think, frankly I believe overwhelmed.
I believe that just as in nepal, in america everyone is whining on social media but nobody's taking action. Nepal blocked social media and so people in nepal were kinda forced to take action irl and it worked kinda nice in the end tbh
So maybe its social media which is enabling this thing.... which is funny to me as I am doing the same thing right now lol
All for sweet internet points tho.
Just a heads up but concur means "agree", not "believe"
Constitutions don't enforce themselves. The US constitution has a crystal clear right to bear arms but multiple jurisdictions ignore it and multiple supreme court rulings and make firearm ownership functionally impossible anyway. Free speech regulations have, thankfully, been more robust.
The only thing that stops bad things happening is a critical mass of people who believe in the values the constitution memorializes and who have enough veto power to stop attempts to erode these values.
The US has such a critical mass, the gun debate notwithstanding. Does the EU have enough people who still believe in freedom?
People do believe in freedom of speech in the US, thankfully, even if they've stopped defending gun rights in some places.
EU free speech protections are in the same position gun rights are in the US, and for surprisingly similar reasons.
HN is to a large extent a popularity contest, and people here are more in favor of free speech than guns. the US record on protecting free speech is very good.
You have accidentally properly identified the european problem and precisely the reason that chat control will pass: shortsightedness. If people only rise up to protect rights "they need", soon no rights will be left.
Historically, courts have maintained that legislation is pursued under "good faith". This was the justification for not overturning ACA on the grounds of it being an unconstitutional tax: the lawmakers didn't mean to make it an unapportioned tax, even though it effectively is, so it's okay yall. Washington St just did this with income taxes on capital gains in direct violation of their state constitution a year or two ago.
Where I live, you cannot open carry. That is a direct violation of 2A, but the courts have said it's okay baby because it's not an undue burden to pay a fee and waste a day of your life. Pure nonsense. Just change the constitution for goodness sake.
This policy for example would be most helpful to enemies to the EU. It would lower the cost of acquiring the data for China and Russia as it allows them to mass acquire data in transmission without incurring the cost of local operations. The easiest system in the world to hack is that of a policy maker.
Yes, it would lower such barriers for countries that are commonly seen today as Europe's adversaries. But in this case, the U.S. (or rather, U.S. organisations and corporations) might be the primary bad actor pushing for ChatControl. See e.g.:
Thorn (organization) - https://en.wikipedia.org/wiki/Thorn_(organization)
"Thorn works with a group of technology partners who serve the organization as members of the Technology Task Force. The goal of the program includes developing technological barriers and initiatives to ensure the safety of children online and deter sexual predators on the Internet. Various corporate members of the task force include Facebook, Google, Irdeto, Microsoft, Mozilla, Palantir, Salesforce Foundation, Symantec, and Twitter.[7] ... Netzpolitik.org and the investigative platform Follow the Money criticize that "Thorn has blurred the line between advocacy for children’s rights and its own interest as a vendor of scanning software."[11][12] The possible conflict of interest has also been picked up by Balkan Insight,[13] Le Monde,[14] and El Diario.[15] A documentary by the German public-service television broadcaster ZDF criticizes Thorn’s influence on the legislative process of the European Union for a law from which Thorn would profit financially.[16][17] A move of a former member of Europol to Thorn has been found to be maladministration by the European Ombudsman Emily O'Reilly.[18][19]"
Additionally, it would not surprise me at all if Palantir is lobbying for this either. Many EU countries, like Germany and Denmark, have already integrated Palantir's software into the intelligence, defence, and policing arms of their governments.
But at the end of the day, while it is convenient to blame external actors like U.S. corporations, ultimately the blame lies solely on the shoulders of European politicians. People in positions of power will tend to seek more, and I'm sure European politicians are more than happy to wield these tools for their own gain regardless of whether Palantir or Thorn is lobbying them.
Politicians should agree to to be executed if they lose an election. Only those willing to risk their lives should be allowed to legislate. This also gives the voters the option of punishing those who pass onerous laws at the next election.
If you need extra zing, this would also apply to recall elections, so they could even be punished early.
Hitler knew if he had lost, he would have been executed. Didn't stop him from going war.
The GP's idea is very bad. Quite to the contrary, losing power should not come with disastrous personal consequences.
Maybe a less extreme version of this is that if you become president you are stripped of all property and become the ward of the state after your term is over, enter a monastery sort of situation, for the rest of your life.
But they will probably think that is only bad when others do it to them.
We can. This has already happened with the fairly recent SALT TYPHOON hacks. China (ostensibly) abused lawful wiretapping mechanisms to spy on American (and other) citizens and politicians. The news at the time wasn't always explicit about the mechanism, but that's what happened.
China wouldn't have been able to do this if those mechanisms didn't exist in the first place.
Solve the problem it's trying to solve, then it won't be proposed again.
That's already here. I think you should consider that this law might be aiming at some other goal.
No, GP is referring to mass collection and analysis of all of your communications. Google, Apple, et. all don’t have that capability today.
Hell, apple can’t even read my text messages, nor do they know I’m writing this - and I’m doing it on an iPhone.
Take Facebook end-to-end encrypted messages for example. There are certain links it won't let you send, enough though it is supposedly E2EE. (I've seen it in situations like mentioning the piratebay domain name, which it tries to auto-preview and then fails. Hacking related websites as well I've seen the issue with.)
It likes to pretend it is a mysterious error, but if you immediately send a different link, it sends just fine. I don't use chat apps much these days, so I'm not sure if others see similar behavior, but I'd wager some do. Facebook is about the least trustworthy provider I'm likely to use, FWIW, so I expect a certain amount of smoke and mirrors from them.
They want to erode people's privacy? Let them walk their talk first and see how that goes.
What country would be safe for hosting code that does this that people would also trust in general? Would this be hosted on the dark web or would someone actually be brave enough to host it on their private machines? Would there be DNS that could point to this?
Then how would you install the software? You'd need a way to side-load it, which means you'd want a way to sign it. Which means either adding a new root signing authority or being able to have an existing root authority sell you a signing certificate and not revoke it.
You kind of quickly end up in some weird dystopian cyberpunk setting thinking all of this through.
The most dystopian concept out of everything you mentioned is still "you can't install unsigned software" to me.
This is completely unacceptable.
I feel like we've lost the vocabulary we ought to be using to talk about the legitimacy and role of the state. More people need to read J.S. Mill (and probably Hobbes.) Even today, works by both are surprisingly good reads and embed a lot of thoughtful and timeless wisdom.
I'm going to add this to my repertoire since it's a lot more concise than most of my rantings on the topic
- Palantir Technologies
- 'not-for-profit' Thorn
> The Commission’s failure to identify the list of experts as falling within the scope of the complainant’s public access request constitutes maladministration. [0]
> ... the complainant contended that the precision rate of technologies like those developed by the organisation are often overestimated. It is therefore essential that any technical claims made by the organisation concerned are made public as this would facilitate the critical assessment of the proposal. [1]
> The Commission presented a proposal on preventing and combating child sexual abuse, looking in particular at detecting child pornography. In this context, it has mentioned that support could be provided by the software of the controversial American company Palantir... [2]
> Is Palantir’s failure to register on the Transparency Register compatible with the Commission’s transparency commitments? [2]
(Palantir only entered the Transparency Registry in March 2025 despite being a multi million vendor for Europol and European Agencies for more than a decade)
> No detailed records exist concerning a January meeting between European Commission President Ursula von der Leyen and the CEO of controversial US data analytics firm Palantir [3]
> Kutcher and CEO Julie Cordua held several meetings with EU officials from 2020 to 2023 - before the former stepped down from his role - including European Commission President Ursula von der Leyen, Home Affairs Commissioner Ylva Johansson, and European Parliament President Roberta Metsola.[4]
> The Ombudsman further concluded that Thorn had indeed influenced the legislative process of the CSAM regulation. “It is clear, for example, from the Commission’s impact assessment that the input provided by Thorn significantly informed the Commission’s decision-making. The public interest in disclosure is thus self-evident. [4]
> EU Ombudsman Emily O’Reilly has announced that she has opened an investigation into the transfer of two former Europol officials to the chat control surveillance tech provider Thorn. [5]
[0] https://www.ombudsman.europa.eu/en/decision/en/176658
[1] https://www.ombudsman.europa.eu/en/recommendation/en/179395
[2] https://www.europarl.europa.eu/doceo/document/E-9-2024-00016...
[3] https://www.euractiv.com/news/commission-kept-no-records-on-...
[4] https://www.euronews.com/next/2024/07/18/european-ombudsman-...
[5] https://www.patrick-breyer.de/en/chat-control-eu-ombudsman-l...
Like the TPM & Microsoft scare when TPM first started arriving in hardware, and we all thought it would be used to lock out other OSes. Only it's for real this time.
Nothing. That is, nothing until your application becomes popular. I will keep encrypting my emails and they can pound sand once legislation for this makes it to my country.
They go out of their way to warn you it’s not the same level of security as iMessage.
The ultimate goal is for computers to run only authorized programs and to license and monitor development tools like the Soviets monitored typewriters.
For example, an individual can generate AI images of Hollywood actors using Stable Diffusion and a decently powerful computer. Said individual had the right to share those images online with a community.
Now however the sharing and distribution of said images is considered illegal in my USA state.
So, are the images said individual created and shared three years ago subject to prosecution? Even if the law went into effect 3 months ago?
CSAM is just the excuse, as it is with any other laws of this nature in the past.
But nevermind, We love the EU! /s
* of their rights to privacy
* their right to live in a democracy
* the value of warrant based search vs nazi SS style
* I want them to enjoy at -least- as much privacy as I currently enjoy
* I don't want rando creeps reading their personal messages and keeping them forever, there's a reason memory fades, it lets us grow as people
> the proposed legislation includes exemptions for government accounts used for “national security purposes, maintaining law and order or military purposes”. Convenient.
Doesn't all that just force everyone who has something to hide to use something else, less obvious?
Its hard because everytime this gets defeated all the EUSSR people just wait a year and try again…
There is no excuse for this and it is a stain on EU history for even letting this go so far.
Anyone proposing this should not only be sacked but also referred to de-radicalisation / anti-terrorism programme in their country and forever banned from holding any kind of public sector office.
There is no excuse.
immibis•1h ago
jjice•1h ago
dekken_•1h ago
bigyabai•1h ago
Sounds to me like the EU is looking to get a more formal approval to act on data they already have.
EasyMark•25m ago