EU chat-scanning talks remain stuck over who may search private messages—and how broadly

The sixth political negotiating round on the EU’s child-sexual-abuse regulation ended on 29 September without agreement on scanning private communications. netzpolitik.org reports that progress on the proposed EU centre left the central detection rules unresolved.

The positions are more complicated than a choice between compulsory surveillance and no surveillance. The Council favours provider-initiated scanning, while Parliament seeks tightly targeted detection orders and restrictions on what providers may search for themselves. Both institutions oppose the original proposal’s scanning of end-to-end encrypted content, according to the report. Private, unencrypted material remains contested.

A Council presidency document dated 18 September explains the underlying disagreement. Parliament envisages search plans describing technology and safeguards, reviewed by a court or independent authority. It wants provider-initiated searches limited to known abuse material using the EU centre’s indicators. The presidency also wants detection of new material and grooming, and worries that tighter limits could reduce reporting below current levels.

Targeting is another unresolved boundary: a search limited to specified users is substantially narrower than one covering a section of a service. The presidency’s paper considers both.

Analysis: “voluntary” describes a provider’s choice, not necessarily the consent of people whose messages are examined. The consequential safeguards are scope, independent review, error handling and whether the system identifies known illegal material or makes new judgments about private communication. These remain negotiating positions, not a final enacted settlement.