欧盟距离重启私人信息扫描规则仅一步之遥
EU now one step away from reviving private message scanning rules

原始链接: https://cyberinsider.com/eu-now-one-step-away-from-reviving-private-message-scanning-rules/

欧洲议会以微弱优势(331票对304票)投票通过,将加速推进一项旨在重启已过期“聊天控制1.0”(Chat Control 1.0)规则的立法。这一临时框架已于2026年4月失效,此前允许在线平台自愿扫描用户的私人通讯,以筛查儿童性虐待材料(CSAM)。 该提案的最终表决定于7月9日进行。反对者必须获得361票的绝对多数才能阻止该措施;否则,该提案将在没有额外隐私保障的情况下推进。 此次立法推动与陷入僵局的“聊天控制2.0”(Chat Control 2.0)谈判截然不同,后者是一项旨在建立长期CSAM检测框架的永久性法规。尽管欧盟理事会寻求恢复自愿扫描功能,但包括前欧洲议会议员帕特里克·布雷耶(Patrick Breyer)在内的批评者认为,此举绕过了议会此前的否决,并威胁到隐私权。即便是理事会法律部门也表示担忧,认为如果缺乏司法监督和合理怀疑的限制,普遍的自愿扫描可能会与《欧盟基本权利宪章》相冲突。即将进行的投票将决定,在争议更大的永久性法规陷入僵局之际,这一临时监控制度是否会被恢复。

欧盟再次试图重启“聊天控制”(Chat Control)提案,该提案要求对端到端加密的私人信息进行扫描,以检测儿童性虐待材料(CSAM)。 这一提案在 Hacker News 上引发了激烈讨论,凸显了公众在隐私权与儿童安全问题上的严重分歧。支持者认为,此类措施是保护儿童必要且“经济有效”的工具。然而,批评者认为这些系统在技术上存在缺陷、具有侵入性,且容易出现“任务蔓延”,可能导致政府对政治、社会及个人通讯进行广泛监控。 许多参与者对“为了孩子”这一说辞持怀疑态度,认为这是一种“终结思考的陈词滥调”,旨在绕过对公民自由的担忧。质疑者指出,该立法可能被未来的政权利用,以针对不受欢迎的群体。相反,也有人认为现状已然失效,若无法提供可信且尊重隐私的替代方案来应对儿童剥削问题,公众将不得不面临这些极端的监控提案。隐私倡导者的共识是,强制性的客户端扫描将破坏数字安全的基础,并为全球范围内私人通讯权利的丧失开创危险的先例。
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原文

The European Parliament has approved an urgent procedure to fast-track legislation that would revive the EU's expired “Chat Control 1.0” rules.

This development sets up a decisive vote on July 9 over whether online platforms may once again be allowed to voluntarily scan private user communications for child sexual abuse material (CSAM).

MEPs voted 331 in favor and 304 against using the urgency procedure, allowing Parliament to bypass the usual committee stage. The procedural vote does not itself reinstate the law but accelerates consideration of a proposal that would effectively restore the temporary legal framework that expired in April.

The legislation in question is separate from the EU's long-running negotiations over the proposed Child Sexual Abuse Regulation (CSAR), commonly known as “Chat Control 2.0.” The coexistence of two different legislative files has led to confusion, as one concerns the revival of an expired temporary measure while the other seeks to establish a permanent framework for detecting and reporting CSAM.

The temporary regulation, formally Regulation (EU) 2021/1232, originally created an exemption to the ePrivacy Directive allowing providers to voluntarily scan private communications for CSAM. The exemption applied primarily to services such as Gmail, Facebook Messenger, Instagram Messenger, Skype, Snapchat, iCloud Mail, and Xbox messaging, while end-to-end encrypted services were generally unaffected unless providers chose to implement client-side scanning.

As previously reported, the European Parliament voted in March to reject an extension of the temporary derogation after negotiations with the Council collapsed. The regulation subsequently expired on April 4, 2026, removing the legal basis that many platforms had relied upon for voluntary scanning within the scope of the ePrivacy Directive.

Since then, however, the Council of the European Union has sought to bring the measure back through what is formally presented as a new regulation containing substantially the same provisions. Former Pirate Party MEP Patrick Breyer, a long-time opponent of the proposal, describes the move as an unprecedented attempt to resurrect legislation that Parliament had already rejected.

According to Breyer's timeline, the Council approved its negotiating position on July 2 before Parliament agreed this week to consider the proposal under an expedited procedure.

The binding vote is scheduled for Thursday, July 9. Under the procedure, opponents would need an absolute majority of all Members of the European Parliament, 361 votes, to reject or amend the proposal. If that threshold is not reached, the Council's text is expected to proceed without the Parliament imposing additional safeguards.

The revived proposal should not be confused with Chat Control 2.0, the permanent Child Sexual Abuse Regulation that has been under negotiation since 2022. That proposal remains stalled after five rounds of trilogue negotiations between Parliament, the Council, and the European Commission.

The main point of disagreement remains whether providers should be permitted or required to conduct broad, suspicionless scanning of private communications, particularly on end-to-end encrypted services. The Parliament's negotiating position limits scanning to users or groups specifically suspected of child sexual abuse and requires judicial authorization, while the Council has continued advocating broader risk-mitigation obligations and voluntary detection measures that critics argue would still encourage mass scanning.

The Council's own Legal Service reportedly warned in June that even “voluntary” generalized scanning of communications may conflict with Article 7 of the EU Charter of Fundamental Rights unless supported by reasonable suspicion and prior judicial authorization.

As a result, the EU is now pursuing two parallel legislative tracks. One seeks to temporarily restore the expired voluntary scanning regime, while the other continues negotiations on a permanent law that could reshape how online platforms detect CSAM across the European Union.

Thursday's parliamentary vote will determine whether the temporary framework returns while negotiations over the much broader and more controversial permanent regulation continue.

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