←back to thread

833 points Bluestein | 2 comments | | HN request time: 0.575s | source
Show context
zmmmmm ◴[] No.40716601[source]
It's fascinating that this is what they are claiming the legal basis is:

> The legal basis to support action in this area is Article 114 of the Treaty on the Functioning of the European Union (TFEU). The article provides for the establishment of measures to ensure the functioning of the Internal Market.

In other words: in order to trade efficiently in goods and services with each other countries need harmonised regulations. Countries have started to introduce individual laws to combat CSAM. Therefore these inconsistent laws interfere with operation the "internal market". Hence the EU can shut down private speech.

So somehow they twisted streamlining of commerce into termination of individual rights. It's wild to think how far that can be extended, if it can be the basis for this.

It also seems particularly ugly if you actually do frame it within the context that they are claiming: this is not "think of the children". It's actually "think of the commercial profit" - they literally say it themselves.

replies(1): >>40716739 #
1. kloop ◴[] No.40716739[source]
Yeah, authoritarians love provisions like that.

They abused a similar one in the US constitution (the commerce clause) to rule that growing wheat on your own land for personal consumption counted as "interstate commerce" (Wickard v Filburn) and backdoored into the federal government controling basically everything physical.

replies(1): >>40717510 #
2. cheeseomlit ◴[] No.40717510[source]
Yup, very easy to twist 'interstate commerce' clauses into anything you want and the US has a long history of it. The entire war on drugs on the federal level was justified by the 'interstate commerce' clause in the constitution as well, much easier than amending the constitution like they did with alcohol