The European Parliament approved the extension of the regulation nicknamed “Chat Control 1.0“, extending its effectiveness up to April 3, 2028. The provision maintains the temporary derogation from European privacy ruleswhich allows providers of some online services to use automated systems to identify material relating to child sexual abuse and grooming attempts within private communications. However, it presents some amendments compared to the text approved by the European Council, which is why the latter is called to re-examine it.
The measure was introduced in 2021 and ceased to produce effects last April, after the rejection of the renewal by Parliament in March. Subsequently, however, the President of Parliament, Roberta Metsola, reopened the examination, arguing that failure to extend it would have created a regulatory void in the protection of minors online. Therefore, on 2 July the European Council approved the extension, shifting the responsibility for the final approval to Parliament.
The approval came through a parliamentary procedure that required an absolute majority to reject the text. The opponents did not reach the necessary threshold and the extension therefore passed. He received a first rejection proposal 314 votes in favour, 276 against and 17 abstentionswhile a second one got 276 votes in favour, 286 against and 30 abstentions. However, as mentioned, the text has undergone several changes which differentiate the new proposal from the original one approved by the Council.
The most relevant amendment concerns end-to-end encryption. The MEPs have in fact approved a modification that “excludes from the scope of the regulation communications to which it is applied, has been applied or will be applied end-to-end encryption“. In practice, services such as WhatsApp and Telegram would not fall within the provisions of the legislation regarding conversations protected by this encryption system.
From a practical perspective, the amendment has limited impact because platforms do not yet have the ability to analyze the content of communications protected by end-to-end encryption. However, the modification takes on political importance, as it is part of the debate on the future Chat Control 2.0the regulation dedicated to combating sexual abuse of minors online which should take on a permanent form.
Chat Control 1.0 and Chat Control 2.0 have substantial differences. The regulation now extended authorizes online service providers to voluntarily adopt automatic detection tools. The permanent proposal, however, has been the subject of a long discussion between the European institutions and the member states. In the original version it provided for preventive checks on the contents directly on users’ devices before sending messages. The text was subsequently modified and no longer explicitly requires the adoption of such systems, although it requires platforms to take appropriate measures to reduce risks.
The favorable associations believe that tools of this type can help combat the spread of child pornography and attempts to lure minors. Organizations against it, however, believe that such systems could compromise the privacy of communications, create false positives and set a precedent for future more extensive controls on conversations and, more generally, on citizens’ private lives.
The legislative process for the extension is not yet completed. The text amended by Parliament will now be transmitted to the Council of the European Unionwho will have three months to approve or reject the changes. In case of no agreement, Parliament and Council will initiate a conciliation procedure to define the definitive version of the measure. At the same time, negotiations on the Chat Control 2.0 permanent regulation will continue, with a new trilogue expected in the coming months.
