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Posted by stavros 6 hours ago

EU Council forces Chat Control via fast-track(www.heise.de)
243 points | 112 comments
neobrain 1 hour ago|
For context, this refers to "Chat Control 1.0", allowing facebook and other messaging providers to scan chats for harmful content (which they had been temporarily allowed to do by a recently expired law).

This is still problematic, but the far more dangerous Chat Control 2.0 that would weaken end-to-end-encrypted messengers like Signal is not being discussed here.

Not to diminish the gravity of the new development, but the defeatist "no way to prevent this" narratives that are already popping up here are getting old -- when in fact it looks like 2.0 is off the table for good because protest against it has proven effective.

tremon 44 minutes ago||
That exemption had an expiration date for a reason. That they failed to consolidate that practice into a better law does not make forcefully overriding that expiration any more democratic.
flumpcakes 1 hour ago|||
Isn't this something they already do?

I would be utterly shocked if facebook et al. were not scanning all of your messages (either in transit or at terminus to get around 'E2E' claims).

neobrain 1 hour ago||
Yes, this had been temporarily permitted until recently, and AFAIK they continue doing so illegally at the moment.
flumpcakes 57 minutes ago||
Why is it currently illegal? If I have a service that let's users communicate, why is it illegal to look through those communications? (especially after they've signed my 400 page EULA). It would make moderation impossible otherwise.

Or are we saying this is being used for something specific that happens to be illegal?

masfuerte 48 minutes ago||
Because the EU passed a law making it illegal and the temporary exemption recently expired.
vrganj 41 minutes ago|||
Also, another key fact to bring up here once again:

The institution that forced this through is the EU Council, the body that represents national governments and is composed of heads of government.

The reason they have to force it through and couldn't do 2.0 is because the EU Parliament stopped them.

In other words, it's the nation states that want this and the EU institutions that are blocking it, not the other way around as often framed online.

If not for the EU, a much worse version of this would already be law in the nation states.

You can see this play out in real-time in the UK, which has gone real dystopian ever since Brexit.

inglor_cz 3 minutes ago||
"If not for the EU, a much worse version of this would already be law in the nation states."

In some, in some not. Not everyone is the UK. Many nations which had a totalitarian government in the 20th century are more wary about this sort of sweeping surveillance power.

The "charm" of pushing this through the circuitous path via Brussels is that few people and even few media outlets are paying attention to what happens in Brussels. Everyone is still obsessed with their national politics.

surgical_fire 1 hour ago|||
Those narratives pop up from users that have a clear anti-EU bias (and I suspect they might not even be from the EU considering how ignorant they seem to be about how it works, its function ans structure, etc.
joe_mamba 1 hour ago|||
>users that have a clear anti-EU bias

If a government body wants to interfere in your privacy and take it away, isn't it normal to be against that government body pushing that policy?

It's not a bias, it's just a normal common sense reaction to tyrannical behavior, and pushing against that government body is the only way to enact the positive change you want to see.

Otherwise if you just bend over and take it all the time, just so randos on the internet don't accuse you of being "anti-EU", then nothing will change and you'll see more and more of your rights taken away. And even if it were "EU bias" it's my right as an EU citizen and taxpayer to have it if I want to.

Alos BTW, what's with this defensive attitude of treating the EU like some sacred cow that's somehow beyond reproach HN? Are they paying you guys to AstroTurf or what?

CrisMystik 52 minutes ago||
In that case you're against the people currently in government, not the body itself, i.e. some people against Chat Control ask for the dissolution of the EU, but would they ask for the dissolution of their national state if a similar law was passed in their national parliament? I think no
constantius 39 minutes ago||
I've never seen anyone ask for the dissolution of the EU in chat control threads, and I read every one of them.

What I see people (Europeans) lamenting is how undemocratic the EU is. As much as I think von der Leyen should be imprisoned, the issue is not the people in the government, but the institution itself. The Commission and the Council are the ones pushing these things, every time.

The people in government are bad, and there's no reason whatsoever to think that'll improve amy time soon: what prevents bad people from doing bad things is the regulatory apparatus of checks and balances, which the EU very much lacks (in parts, granted). Worse, it has introduced US style corruption (or "lobbying") into countries that historically lacked it.

If Chat Control 2.0 passes, given the general direction this would be showing, I'd very much understand people wanting to exit from the EU and cut the amount of undemocratic bullshit they have to contend with.

But to return to your point, when something people strongly reject happens in their country, they do, rightfully, advocate for the dissolution of that government. Much harder to do with unelected bureaucrats sheltering in another country.

kmeisthax 21 minutes ago||
Something particularly ironic is that much of the EU's undemocratic nature comes from features designed specifically to prevent the EU from subsuming its member states. The best path to making Europe democratic again... would be a federal EU, with all the protections for individual member states stripped out, because member states are not a protected class.

The Euroskeptics want to go about this backwards. They correctly see the anti-democratic nature of the current EU structure and conclude that this is the only way European integration could happen, ergo we should not integrate Europe. The problem with this is that, even as 27 individual sovereigns, the former EU member states would still need to form agreements with one another and with other countries. Except this negotiation process is completely outside the democratic process even more than the EU currently is.

The underlying problem is that democracies do not stack or sum. Two democracies negotiating with one another become a dictatorship of whoever is doing the negotiating. The only way to preserve democracy is to give the people of both countries equal control over the matters assigned to the whole. The people must rule as one or they cease to rule at all.

vrganj 1 hour ago|||
Call it what it is: Propaganda designed to stir anti-EU sentiment from groups that would benefit from being able to divide and conquer Europe.
mdp2021 54 minutes ago||
The EU already has in place, apparently, a Digital Services Act that basically stops access to some part of the web. That the slope may bring to enlarged web inaccessibility - and an unlivable eu ("What do you mean you have no internet, no web access?! We take it for granted").

That some actors may ride it, is not their stain, but the eu's.

vrganj 51 minutes ago||
The DSA doesn't stop access to any part of the web. This is precisely the misinformation I mentioned earlier.
Thraway198 50 minutes ago||
Wow. Talk about ragebait.
m132 2 hours ago||
The central bank, council, and commission have to get thoroughly investigated. The amount of questionable decisions coming from those three in the recent (15) years is extremely unsettling. The parliament and courts are practically the only institutions preventing things from hitting the fan at this point, and struggling to do so, it seems.
junto 1 hour ago||
I’m convinced of widespread corruption here. We need to follow the money. Who is funding and pushing this agenda to blanket spy on all Europeans? I guess my question is rhetorical.
cryo32 1 hour ago||||
I don’t think it’s a conspiracy or corruption. It’s just design by committee bureaucracy. It always fails into that state.
everyone 59 minutes ago|||
And no committee, no bureaucracy, no regulations, just let corporations do whatever they want, works great right!? It's not like it immediately collapses to despotism as the slightly bigger fish gobbles up everything in a positive feedback process.

With an egalitarian government, corruption is a problem, its bad, its something we try to fight and there are mechanisms to do so. Having no government is just giving up and going straight to 100% corruption.

cryo32 57 minutes ago||
I’m not suggesting that at all. I am simply suggesting that bureaucracies have their own specific failure models.

I am very pro regulation.

everyone 39 minutes ago||
Ok, theres defo a lot of idiots on HN and in USA who disagree with you.

Still, kinda weird to complain about bureaucracy and regulations in this context cus its the only solution to these problems of egality and corruption which humanity has been struggling with ever since the dawn of civilisation.

Tho, It's kind of a solved problem too. We should all just try to be like Denmark, they at the top or near the top of practially every metric. Happiness, corruption index, Gini, Quality of life, healthcare, education, carbon. They have a massive powerful bureaucracy, lots of strong regulation, extremely high taxes, low corruption.

The solution to any eco-geo-political issue is just "be more like Denmark". Once everyone gets to that level we can think about further improvement.

Ray20 50 seconds ago||
> We should all just try to be like Denmark

Wait, but doesn't Denmark have the strictest immigration policies in the entire EU?

> they at the top or near the top of practially every metric. Happiness, corruption index, Gini, Quality of life, healthcare, education, carbon.

I don't understand. Are you suggesting deporting all migrants to improve the statistics to Denmark's level? But that's impossible in our legal system. We've been actively importing culturally incompatible foreigners for decades now, and many already have citizenship. You can't just strip people of their citizenship in an attempt to improve the statistics.

greenavocado 46 minutes ago|||
It’s just design by committee bureaucracy and its members attend Bohemian Grove
cryo32 41 minutes ago||
I genuinely don’t think such folk have as much influence and power as everyone thinks. In my (direct) experience it’s just a complete mess and they’re reacting naively to every problem.

They’re fighting a battle against the real problem which is the paid up influence campaigns that give them problems to defend. Start at the press, the social media companies and the think tanks.

greenavocado 38 minutes ago||
They form these groups to network and do favors for each other and provide cover for each other. After a while you are asked to do increasingly compromising things to yourself to do deeper into/stay part of the club such as blood rituals. Bohemian Grove high priest Henry Kissinger led simulated animal sacrifice rituals attended by many others in the "inner circles" of the top strata of decision makers and wallet holders. They do this because engaging in a common taboo unites the group extremely strongly, and these behaviors are the ultimate taboo.
joe_mamba 1 hour ago|||
>Who is funding and pushing this agenda to blanket spy on all Europeans?

Why are we ignoring the other side of the transaction? The side responsible for taking the money.

Giving bribes for lobbying is bad, but that would not be an issue if those found taking the bribes would be guillotined or hanged.

kingleopold 1 hour ago|||
they dont investigate themselves, I hope you understand those details some day.
m132 1 hour ago||
They do, albeit it's a slow process:

- https://en.wikipedia.org/wiki/Pfizergate

- https://www.independent.co.uk/news/world/europe/eu-secret-gr...

Ironically, those are two separate cases of one high-profile EU politician (in fact, the very head of the same parliament that pushes for mass scanning of private messages) BOTH involving secret text messages that the mentioned politician refuses to reveal.

theodric 1 hour ago|||
The government will investigate the government and find that the government did nothing wrong. A subsequent government review of the government's investigation of the government will find no wrongdoing on the part of the government. Ain't democracy grand?
ipaddr 15 minutes ago||
Then blame Russia. Rinse and repeat.
joe_mamba 1 hour ago||
>The central bank, council, and commission have to get thoroughly investigated.

By WHO?! They are THE (unelected) ruling elite. Who's gonna prosecute them?

tokai 1 hour ago|||
OLAF I would assume.
surgical_fire 1 hour ago|||
They are not unelected. The EU Council is made up of the head of government of each member state. They are all elected.

The commissioners are picked by the heads of state (elected) and the EU parliament (also elected).

This does not absolve them from wrongdoing, but you should understand where your complaints should be directed at.

mattrighetti 1 hour ago|||
They’re indirectly elected through national governments and parliament. That’s different from being directly elected by citizens. Being appointed by elected politicians doesn’t make someone directly accountable to voters. Citizens don’t vote for commissioners, and it’s much harder for voters to remove or reward them based on their policies.
surgical_fire 41 minutes ago|||
Ao is the prime minister in any country that adopts parliamentarism.

I am still to see as many people getting riled up about how those countries are not democratic.

mattrighetti 35 minutes ago||
Again, not a single word I’ve posted says “it’s un-democratic”
vrganj 53 minutes ago|||
So is the US president (Electoral College), the UK PM (Parliament) etc etc, yet you never hear complaints here from the same types.

Their opposition is ideological, democracy is just an excuse because their true views would be too unsavory to say out loud.

mattrighetti 47 minutes ago||
The criticism is about accountability, not whether the system is democratic.

The UK pm and the POTUS are both ultimately accountable through elections. In the UK, a general election can change the government. In the US, people vote specifically for presidential electors, even if it’s through the Electoral College.

The EU commission is different. People don’t vote for commissioners or the president, and they can’t vote them out in the same direct way.

joe_mamba 1 hour ago|||
>They are not unelected.

After how many layers does the democratic part get watered down and is just members of the elite picking other elites?

  Role                         | Chosen by                                            | Direct citizen vote?
  -----------------------------+------------------------------------------------------+----------------------------
  Commission President         | European Council proposes, European Parliament elects| No (indirect via EP)
  European Council President   | European Council (27 heads of state)                 | No
  European Parliament President| MEPs elect from among themselves                     | No (indirect via EP)
  ECB President                | European Council, after consulting Parliament        | No
yorwba 54 minutes ago|||
Those are primarily figureheads with limited power. The EU is not a presidential system. Which is good, because a single person can never well-represent an entire population, directly elected or not.

The council is more problematic, since a blocking majority might only represent 25% of the population (half of the EU member governments, each elected by majority vote), but in this case they voted in favor, so it's as if they didn't exist and the decision lies with parliament, whose composition is determined by proportional representation. Excellent!

The interesting thing here is that the EU is accused of being undemocratic not because special interests killed a law with wide support among the populace, but because all the different bodies might actually agree and pass a law that privacy activists don't like. Legislation by agreement of multiple cross-cutting majorities must clearly be undemocratic!

izacus 49 minutes ago||||
By this standard there are no democracies in the world. Stop being ridiculous and repeating dumb russian propaganda.
surgical_fire 1 hour ago|||
I live in a country where the prime minister is picked by the parliament. I don't directly vote for him.

By your own ridiculous standards, I don't live in a democracy. I fact, any paliamentarism would not be democratic based on that.

constantius 28 minutes ago|||
Not the parent, but chill with the aggressive tone.

When you vote in your elections, you almost certainly know who's going to lead the country.

Not so with the EU: look up Spitzenkandidat method and the deviations from it, including von der Leyen in 2019 being parachuted into her post not based on any vote.

joe_mamba 1 hour ago|||
>I live in a country where the prime minister is picked by the parliament. I don't directly vote for him.

That's kind of whataboutism. If that works for your country and the people are happy with the arrangement and the results of this system, I don't see an issue.

>By your own ridiculous standards

I don't think direct accountability to the citizens is a ridiculous concept. If you're unhappy with a MEP, your prime minister, you can vote them out or protest till they quit. But the head of the EC, Ursula, is impossible to dethrone by the people via democratic vote or protest. You're stuck taking up the ass from someone you never voted for and don't support.

CrisMystik 56 minutes ago||
> the head of the EC, Ursula, is impossible to dethrone by the people via democratic vote or protest

The Commission can be dismissed by the Parliament, with a majority of its members and 2/3 of votes cast

mdp2021 2 hours ago||
Do also see:

# Italy warns against Chat Control mass surveillance, but votes in favour of it (digitalcourage.social)

https://news.ycombinator.com/item?id=48783340

Do, because already there nuances (towards the better or worse) are revealed, which are not evident in journalism as we have it. The whole story needs more investigation than the stubs.

But the way they are managing it in the workflow does not seem too linear...

stavros 2 hours ago|
"We are in favour of this law, so long as it is not used for its intended purpose."
mdp2021 2 hours ago||
You should elaborate. And explain what you understood as "its intended purpose".

My understanding of the vote last Friday was about protracting the 2021 temporary compromise (scan voluntarily until we have a full law), which was suspended at the beginning of April. It is not clear how they proceeded that way. It seems some vertices imposed that they would not accept a legal vacuum there. So, it's not a "law". What ran for the past five years was an "exception to privacy laws" (I am not informed of the mandated guardrails).

abroszka33 1 hour ago||
There is no way to stop these so just lets get going. The sooner we have age and ID verification on every single website and app the sooner we will have a working decentralised internet that avoids it.
m132 1 hour ago|
It's a strong signal to start building such an Internet and slowly withdraw from using anything centralized.
mattrighetti 2 hours ago||
They're not going to stop, are they?
stavros 2 hours ago||
It certainly seems like they'll stop after they pass it.
flumpcakes 1 hour ago||
Who is they?

These pithy remarks don't really extend the debate or have any nuance - they just sound conspiratorial.

There are plenty of reasons to "scan" communications.

There are plenty of reasons to have limits on communication "scanning".

What part of the spectrum do you fall on?

petcat 2 hours ago||
Am I crazy or is this website not allowing me to opt out of cookie tracking unless I sign up for a subscription?

I know the EU cookie banners have basically ruined the internet, but this seems like a whole 'nother level of obnoxious.

buzer 2 hours ago||
It's called "pay-or-okay" (or "consent-or-pay") and there hasn't been many decisions on it yet which has led noyb to sue German DPAs: https://noyb.eu/en/years-inactivity-pay-or-ok-cases-noyb-sue...

There is one case where DPA ruled in favor of the company, but it's currently being appealed: https://noyb.eu/en/pay-or-ok-der-spiegel-noyb-sues-hamburg-d...

Another one ruled against company and court agreed: https://noyb.eu/en/court-decides-pay-or-okay-derstandardat-i...

Lio 1 hour ago|||
It's not EU cookie banners that have ruined the internet, it's malicious compliance and dark pattens on behalf of those that want to track you.
petcat 1 hour ago||
The EU's own government websites have these same cookie banners. Are they maliciously compliant with their own regulations?

EU made bad laws that have encouraged this kind of behavior. And now we're all suffering.

Look at the CCPA in California for legislation that accomplishes largely the same goals, but doesn't break the web due to "malicious compliance".

mattrighetti 44 minutes ago|||
> Am I crazy or is this website not allowing me to opt out of cookie tracking unless I sign up for a subscription?

Extremely common practice for newspapers websites, unfortunately.

jwr 1 hour ago|||
As a reminder "EU cookie banners" are not required if you use cookies for site functionality. They are only required if your site uses these to track users.

This needs repeating, it's a common misconception (deliberately spread by many, too) that the EU requires cookie banners for all cookies.

GuB-42 1 hour ago|||
Very common on EU news websites.

Workarounds include:

- reader mode

- "behind the overlay" extension (and others like it)

- archive.is

- probably many others

netsharc 2 hours ago|||
When they force that, it's an invitation for me to open it in an incognito window. Track all you want, assholes!
bayindirh 2 hours ago||
Try the demo on this site: https://fingerprint.com/demo

Both in incognito and normal modes. I bet you'll get the same fingerprinting ID in both.

So yes, they can track you in incognito mode, too.

m132 2 hours ago|||
This is what made me disable JavaScript by default in 2018. I didn't even get this banner.
pmontra 2 hours ago|||
You are correct. Reader mode on Firefox shows the full article though.
stavros 2 hours ago|||
Wow, yeah, that seems... illegal, no?
wronex 2 hours ago|||
Im pretty sure it is illegal. In my understanding, it must be equally easy to reject and accept. And the website MUST continue working under either choice. Which is not the case here.

I think the lawmakers should have made all forms of tracking illegal instead. That would make law writing and following easier. And closer to the spirit of what they are trying to accomplish and what everyone wants (except you Silicon Valley O.o)

Carbon1603 57 minutes ago|||
Nope, completely legal.
esafak 2 hours ago||
You Reject the undesirable ones (all!) and click Agree to Selected.
SahAssar 2 hours ago|||
On these you usually can't reject them. It says

> Data processing by advertising providers including personalised advertising with profiling (Consent required for free use)

em-bee 2 hours ago|||
doesn't work, they don't let you unselect anything. you have to accept everything or pay.

very frustrating because especially a tech magazine like heise should really know better

mdp2021 1 hour ago||
What frightens me is, as usual, the assumption of conformism that may just remove people from services.

"Present a document" // "No, certainly not to you" // "Do without then"

The straight will say "no", but their lives will be extremely complicated, possibly in the unawareness of those that just take compliance to the absurd for granted - as the weak call survival paramount and cannot see that their modus is subjective. That we won't have it is something that they cannot even conceive. Adults are noise to them.

Grollicus 19 minutes ago||
The main argument for this seems to be that they catch many pedos by using image recognition tech on facebook etc.

Thus, discontinuing the permit to use these techniques did have enforcement numbers of those crimes found drop significantly.

I'm wondering if they've given up real policing of these crimes completely?!

Spreading pedo content on Facebook, those people have to be the dumbest of the dumb? Everyone spending even a single critical thought on their crimes won't be caught by this.

And they say enforcement numbers drop significantly? Meaning they don't catch many other people? What the fuck are they even doing? Did they completely give up trying to find the real criminals, and instead fall back on sugar-coated figures to conceal that failure?

wronex 4 hours ago||
So what platforms will this apply too? What platforms Dow sit already apply too? All SMS, large email providers (Gmail?), WhatsApp, Apple services?
donmcronald 1 hour ago|
There have been a few incidents that make me think Snapchat private chats are monitored. The one with the guy joking to his friends about blowing up a plane or something is the first that comes to mind.

Tell me how private messaging gets you taken off a plane otherwise. It’s not private. Big tech has put a camera and microphone in everyone’s pocket and they’re monitoring everything.

The government and big (American) tech are very likely lying to us IMO. How will anyone protest when mass surveillance becomes the law if it’s already in place and you can be labeled a bad actor that gets your life ruined if you dissent?

mdp2021 1 hour ago||
> How will anyone protest when mass surveillance becomes the law if it’s already in place and you can be labeled a bad actor that gets your life ruined if you dissent

With the pure awareness that Men do not act out of convenience, and that this whole situation of declining societies was born out of already-fascist-material that acted out of convenience, with complacency.

kingleopold 1 hour ago|
it will %100 pass at some point. no way around it.
mdp2021 1 hour ago|
The problem is /what/ will pass. What is this clothing limit? Pink, shocking, lime? Long sleeves, above the wrist or below? In the city center, in the suburbs, where?

The issue is all in the details.

And in the decision process, before that, of course.

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