EU approves “voluntary” Chat Control as AI scanning moves forward
After three years of political battles, public protests and intense debate, EU member states have reached an agreement on the controversial Chat Control regulation. Presented as a measure against child sexual abuse material, the new framework introduces AI-based message scanning before end-to-end encryption takes effect.A shift from mandatory to “voluntary” surveillance
Fifteen EU countries, including Germany and France, have backed a compromise version of the regulation. Unlike the original 2022 proposal, which required mandatory scanning of all private communications, the revised version introduces so-called “voluntary” measures. However, these measures become permanent, and critics argue they amount to indirect coercion.Under the new model, every photo, video or text message may be analyzed by AI systems before encryption is applied. Platforms classified as high-risk will be expected to deploy scanning by default. Users may opt out, but doing so restricts their access to features within messaging services—effectively undermining the concept of true voluntariness.
A regulatory path shaped by setbacks and public resistance
The European Commission’s original plan met fierce resistance from cybersecurity experts, civil liberty groups and major tech firms. The mandatory-scanning model failed to advance, pushing EU leadership to pivot toward an adjustable risk-based system introduced by Denmark’s presidency in mid-2025.This system divides platforms into low-, medium- and high-risk categories. Only high-risk platforms are required to use AI scanning, but regulatory pressure effectively discourages providers from opting out altogether.
Concerns from cryptographers and privacy advocates
Leading cryptographers warn that pre-encryption scanning fundamentally undermines the security guarantees of end-to-end encryption. Personal devices, they argue, become surveillance nodes capable of reporting content before it is ever protected.Signal president Meredith Whittaker stated that if forced to compromise encryption integrity, Signal would “regretfully leave the European market.” Encrypted email providers such as Tuta Mail and Proton have pledged to fight the regulation in court and refuse to weaken their systems under any circumstances.
A “voluntary” system with hidden pressure
While the language of the regulation emphasizes user choice, digital rights groups argue that the design itself restricts that choice. Users who decline scanning capabilities will encounter limitations, effectively punishing those who seek privacy. Meanwhile, platforms that completely reject scanning risk facing stricter regulatory oversight.This dynamic reflects a long-standing pattern in EU policy: voluntariness as a formal concept masking structural coercion. The decision sets a crucial precedent in Europe’s approach to regulating encrypted communication and AI-driven content monitoring.
What happens next
With broad political support secured in November 2025, justice and interior ministers are expected to formally adopt the regulation’s text in December. After that, the process moves into trilogue negotiations, where the European Commission, Council and Parliament will refine the final legal framework. These closed-door sessions are scheduled for January through March 2026.The outcome will determine how deeply AI surveillance technologies integrate into Europe’s digital communications infrastructure—and whether privacy-focused platforms can continue operating under the new rules.
Editorial Team - CoinBotLab
Source: Telepolis
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