TLDR
- The EU proposes a law requiring message scanning before encryption to fight abuse.
- Critics say the plan weakens end-to-end encryption on popular apps.
- Germany’s undecided vote will determine if the proposal becomes law.
- Web3 platforms may gain users seeking stronger privacy protections.
European lawmakers are nearing a decision on the “Chat Control” law, a proposal that would require scanning of private communications before encryption. Privacy experts warn that this could weaken trust in digital platforms and push users toward decentralized Web3 alternatives.
Lawmakers weigh child safety against digital privacy
The European Union is considering the Regulation to Prevent and Combat Child Sexual Abuse, known as the Chat Control law. It would require service providers to scan private messages, videos, and images for illegal content before encryption is applied.
Supporters argue that the measure will help combat serious crimes online. However, critics say that scanning messages before encryption weakens one of the strongest tools to protect privacy. Platforms such as WhatsApp, Signal, and Telegram rely on end-to-end encryption, and experts fear this safeguard could be undermined.
Hans Rempel, co-founder and CEO of Diode, described the proposal as a major risk. “Giving an inherently corruptible entity nearly unlimited visibility into the private lives of individuals is incompatible with an honest value statement of digital privacy,” he said in a statement.
Questions over legality under EU framework
Legal experts doubt the measure fits within the EU’s own privacy commitments. Elisenda Fabrega, general counsel at Brickken, said the law seems “difficult to justify under the existing jurisprudence of the Court of Justice of the European Union.”
She referred to Articles 7 and 8 of the EU Charter of Fundamental Rights, which protect confidentiality of communications and personal data. According to Fabrega, client-side scanning could apply even where there is no evidence of unlawful activity. This raises concerns about possible violations of established digital rights.
Trust and security concerns
Privacy advocates warn that broad surveillance powers could damage public trust in mainstream communication services. Fabrega explained that “encryption is not only a technical feature, it is a promise to users that their private communications will remain confidential.”
Rempel also pointed out the risks of giving authorities greater access to personal data. He said, “Over 10% of all data breaches occur in government systems,” noting that such breaches show the lack of guaranteed security. Businesses relying on private channels for sensitive communication may also explore new ways to protect trade secrets.
Web3 platforms gain attention as alternatives
Analysts say that if trust in encrypted services declines, decentralized Web3 communication tools could see wider adoption. These platforms use peer-to-peer structures and blockchain-based identity systems, removing dependence on central servers that can be targeted by regulators.
“Web3’s privacy battle cry is ‘Not your keys, not your data.’ This is true self-custody for data,” Rempel said. Fabrega added that “privacy-conscious users will increasingly explore decentralized Web3 alternatives” if the regulation is approved. She also warned that this shift could fragment the European digital market and reduce the EU’s influence on global privacy rules.
At present, 15 EU countries support the proposal. However, this number does not meet the 65% population threshold required for adoption. Germany, holding a decisive position, has not confirmed its stance. If it votes in favor, the proposal is expected to pass. If it abstains or votes against, the law will likely fail.
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