With Federal Justice Minister Marco Buschmann (FDP) at the helm, the federal government currently wants to prevent the EU Commission’s plans for so-called “chat control” for the time being. “The unprovoked and mass scanning of private communications without concrete suspicion of a crime has no place in the constitutional state,” he said “Süddeutsche Zeitung”.

The EU justice and interior ministers were due to vote last Thursday on the “Regulation laying down rules to prevent and combat the sexual abuse of children”, which critics usually call “chat control” for short. It is intended to curb the spread of child pornography and prevent adults from communicating inappropriately with children online.

But it wasn’t just Justice Minister Buschmann who spoke out against the draft. “This is an attack on the democracy in which children and young people grow up,” said Joachim Türk, board member of the Child Protection Association, the “Authorities mirror“.

In addition, there are 81 civil society organizations across Europe in an open letter addressed the EU Commissioner and warned against the implementation of the regulation. From Germany, the Chaos Computer Club, the German Lawyers’ Association and the Committee for Fundamental Rights and Democracy, among others, took part.

But what exactly is the project about and why is it so harshly criticized?

“Chat control” on the Internet – what should it look like?

According to the EU Commission, the regulation is primarily intended to protect children on the Internet. If it comes into force, authorities could require apps and social media such as WhatsApp, Facebook, Instagram and email providers to screen all messages on their portals. In addition to text messages, this also includes images or voice recordings. The only exceptions are services that are not accessible to the general public, such as special messenger services from security authorities.

This is intended to prevent not only the distribution of child pornographic material, but also so-called “grooming”, i.e. the targeted contact from adults to minors with the intent to abuse them.

Following the example of the US National Center for Missing and Exploited Children (NCMEC), a database will also be set up in which the viewed material will be stored. This cruel archive currently stores millions of videos and images of child abuse.

The data collected should not only be used to identify the children and perpetrators shown, but also to store their digital fingerprint. This fingerprint, a so-called hash value, can be immediately identified and assigned by scanning software when an image is shared on Instagram or sent by email, for example.

Lobbying for child protection

One company that develops and sells the necessary technology is Thorn. It was co-founded more than ten years ago by US stars Ashton Kutcher and Demi Moore. Kutcher himself is lobbying internationally for Thorn and is said to have personally attended at least once Ursula von der Leyen and Ylva Johansson, who are largely behind the project, spoke about the services. He is also said to have received privileged access.

And although Thorn likes to present itself as a charity at such meetings, it is an international one Investigative report a completely different perspective. “Thorn sells its AI tools on the market at a profit,” it says.

“This law is a gross overestimation of the possibilities of technologies”

Opponents of the so-called “chat control” fear that the EU Commission’s plan will impermissibly restrict the fundamental rights of EU citizens, subject to child protection.

The EU data protection authorities also sharply criticize the Commission proposal. In a 36-page opinion They wrote in July that there were “serious concerns” about the legality of the planned regulation, which left “too much room for potential abuse.” The regulation does not define exactly when a user is at increased risk.

In the worst case, the software could later be used in other areas, such as searching for terrorists or drug dealers. According to the statement, all communication on the Internet could potentially be monitored, thereby massively restricting freedom of expression on the Internet.

“This law is a blatant overestimation of the possibilities of technologies,” criticized Elina Eickstädt from the Chaos Computer Club. While artificial intelligence (AI) can recognize known child pornography based on its hash value in a matter of seconds, there can be error rates with new material. Even the best AI cannot recognize whether a picture of a child in a swimsuit is criminal material or a simple vacation photo in a family chat. This could have serious consequences for those affected.

Federal government wants to push forward a compromise with the EU Commission

There is currently no secure majority in the Council of Ministers of the EU member states. Germany in particular rejects the regulation and blocks it together with Austria. In Brussels, the traffic light government is now campaigning for a compromise.

“I think the draft makes sense: EU center, better coordination between national authorities – increased moderation obligations and reporting obligations for service operators in public communication,” said the Bundestag member and chairman of the digital committee, Tobias Bacherle (The Greens), in the “Süddeutsche Zeitung” . However, he rejects the idea of ​​monitoring not only private but also encrypted communication. “In addition to civil rights, it is also about protecting secret keepers, journalistic sources and business secrets,” says Bacherle.