Chat Control: Incompatible with Fundamental Rights (2022)

(2022)

More context: this was written back before the first iteration of chat control got turned down by European Parliament, and even links to that revision. A few details has changed since then -- still it's basically the same thing, although now you need to opt in, otherwise you won't be able to send images and videos. Allegedly, it could be passed by European Council tomorrow.

Another change is that some groups will be exempt from invigilation.

It's a little ironic how the same legislative body that came up with GDPR is now implementing coerced consent. I believe they would also bar you from sending links, so no easy bypass with an image server.

It's the same body indeed (European Commission) but all (or almost all) commissioners are new -- appointed in 2019, so they weren't behind GDPR.

It shouldn't be. In 2006, the Commission proposed, and Parliament agreed on, the Data Retention Directive. It forced all ISPs to save all browsing data on everyone for 6-24 months.

The idea that the commission or Parliament in any way cares about privacy is nonsense.

How is this ironic? It's in exactly the same spirit of coercing people to "consent"

Valid point. Let us not forget that it is an executive unelected body, but its policies and/or bent might (will) change as incumbents get replaced ...

For those interested, this one has since been annulled for violating the EU Charter of Fundamental Rights [0].

[0]: https://en.m.wikipedia.org/wiki/Data_Retention_Directive#Ann...

But it took 8 years to get there. It was basically law of the land for a decade.

And some EU member states ignored that decision and still to this day keeps recording this data...

How about data URLs?

For me the "unelected" part is the key point here. I mean, if we ignore (totally valid) nihilistic views on the nature of governmental bodies, we are supposed to think that this is the point of modern civilized society (as opposed to "totalitarian states" like NK) where we rule over ourselves. We are even accustomed to call it "democracy" even though this is pretty laughable perversion of the word. But whatever, there is valid reasoning why "representative democracy" is the only solution, and there is valid reasoning why we need experts in the government, so long story short unelected institutions are ok and we are supposed to pretend that each of us kinda proxy-elected them.

(I mean, I'm really going to pretend it is ok: after all, I don't consider USA presidential election to be any more real than "proxy-elections" of appointed secretaries/ministers, and in Russia, where people actually vote for a president and he has a lot of power so it actually matters who is the president, people will claim for various valid reasons that this isn't really a democracy and Putin is more like a king now.)

But being as charitable to that world-view as I can be, EU structure feels way beyond that. Recently I tired to answer myself, how it came to be that I somehow "elected" Ursula von der Leyen? Or rather, how did "we" do it (keeping in mind that "we" as in "majority of voters" usually have different opinion than I do)? I just don't feel any connection. EC President is nominated by Counsel from the set of whoever-they-want (chosen behind the closed doors), and then voted-in by the parliament. AFAIK, the parliament never actually rejected a nominee, and BTW in Ursula's case 327/710 people voted against her, so she barely passed the bar. It somehow coincided that at the time my country's representative on the Counsel was "not really elected" as well, and by the end of my "investigation" I felt totally alienated. There is this European Commission thing, it affects me, I don't affect it. This is just how the world works.

It’s basically saying “consent to me reading all your mail or you will not longer get mail that you need to live a normal life”. I can’t imagine why anyone wants to let the EU and some police clowns comb through their sexy time videos, kids playing on the playground, and personal journals. I would think a continent that has been through Stasi, the SS, and KGB would welcome this with open arms instead of grabbing the pitch forks and torches.