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EU Commission’s Plans to Combat Images of Abused Children on the Internet Under Fire

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The flag of the EU on the Reichstag is waving in the wind. © Monika Skolimowska/dpa

Photos of abused children are flooding parts of the internet. The EU Commission is resolute with a new legislative proposal. But an investigation fundamentally questions the way.

Brussels – According to a study, the EU Commission’s plans to combat images of abused children on the Internet are ineffective and violate the basic rights of Internet users. According to an assessment by the European Parliament’s research service, the number of reported cases of abuse is likely to increase significantly.

At the same time, however, the accuracy of the hits is likely to decrease significantly and the burden on the investigating authorities will increase as a result. The study, which is available to the German Press Agency in Brussels, is to be presented to Parliament’s Interior Committee this Thursday. “Only rarely do experts from the European Parliament present such a devastating verdict on legislative projects of the EU Commission,” said FDP MP Moritz Körner of the dpa. “The EU Commission would be right to withdraw its proposal immediately.”

Tag “Chat Control”

The background is a proposal by EU Interior Commissioner Ylva Johansson from May 2022, with which she wants to curb the sharp increase in the spread of child pornography. Civil rights organizations and other critics use the buzzword “chat control” for this. They see it as an attempt to scan network communication, including encrypted messages. There is also resistance from the federal government to the proposal, which the EU states and the European Parliament still have to negotiate.

Above all, it is criticized that the plans not only provide for tracking down already known representations that are sent via online messenger. In addition, they also include the detection of new images and so-called grooming, in which adults seek contact with minors with the intention of abusing them.

So far, Johansson has defended her proposal primarily with reference to planned protective measures. First of all, all companies have to analyze how great the risk is that child pornography will be shared on their sites. If so, they would have to take countermeasures. If this is not sufficient, a court or other authority can order the content to be scanned.

“Overall effectiveness limited”

The research service of the European Parliament contradicts the Swede in its 140-page investigation. It is repeatedly emphasized that the need to protect children from abuse is undisputed. However, the assessment of the scientists is clear: “It can be concluded that the overall effectiveness of the proposed legislation is likely to be limited.” The proposed protective measures are insufficient.

One reason is, among other things, that the technologies for recognizing new content and grooming are imprecise. “The majority of the experts surveyed assume that this will lead to an increase in reported content and a decrease in accuracy.” This will have a significant impact on the burden on investigative authorities. The scientists also point out that some perpetrators would switch to the Darknet.

The survey emphasizes that the proposal would violate, among other things, the ban on blanket data retention. This violation of the EU Charter of Fundamental Rights cannot be justified. Encrypted communication is fundamentally called into question by the plans. The authors of the survey, on the other hand, rate the planned establishment of an EU center in the fight against child abuse as fundamentally positive.

So far no understanding

Before the European Parliament’s Research Service, Europe’s top privacy advocates had already passed a devastating verdict on the proposals. The main focus was on serious concerns regarding the privacy and personal data of individuals.

So far, neither Parliament nor the EU states have agreed on a position on the proposed law. Once both sides have positioned themselves, they have to negotiate with each other. They don’t have endless time. A transitional arrangement expires on August 3, 2024. After that, the platforms are allowed to scan the messages of their users – but only for material that is already known, not for new depictions or grooming. dpa

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