The European Ombudsman takes issue with the European Commission's failure to disclose information about a proposed regulation requiring the scanning of messages to detect child pornography.
In May 2022, the European Commission submitted a draft regulation that would require chat services to scan for child sexual abuse content (CSAM).
Ombudsman: European Commission's concealment of secret 'expert list' on CSAM regulation constitutes 'maladministration' - Irish Council for Civil Liberties
https://www.iccl.ie/news/ombudsman-european-commissions-concealment-of-secret-expert-list-on-csam-regulation-constitutes-maladministration/
In May 2022, the European Commission proposed a 'chat regulation law' that would oblige companies to detect CSAM exchanged online. The regulation requires online service providers to scan all chat messages, emails, files, in-game chats, video calls, etc. for CSAM.
The introduction of the Chat Regulation Act is expected to have the effect of preventing children from becoming victims of crime, but
The European Commission has indicated that when drafting the regulation, it consulted experts on the technical feasibility of detecting CSAM without compromising encryption. Based on this information, in October 2022, the Irish Council for Civil Liberties and Human Rights requested relevant information from experts, as well as any background documents and technical information.
However, the European Commission did not respond to this request within the stipulated 15 working days. The Irish Council for Civil Liberties and Human Rights requested a review of this, and in November 2022, the European Commission submitted two documents stating that it had responded to the complainant's requests. Although the documents were disclosed, the personal information on one of them had been redacted and the European Commission said it did not have any other relevant documents.
Dissatisfied with this response, the Irish Council for Civil Liberties and Human Rights in December 2022 issued a complaint to the European Ombudsman regarding the European Commission's failure to process the request within the specified deadline and the failure to disclose documents that could have been disclosed. I filed a complaint.
The investigation by the European Ombudsman, which received the complaint, concluded on October 18, 2023, and concluded that ``the European Commission should reprocess the request for disclosure of the expert list.'' The European Ombudsman pointed out that ``Despite the complainant's request for the disclosure of documents including the list of experts, no action was taken regarding the disclosure of the documents containing the list of experts,'' and this was a failure of government on the part of the European Commission. It is pointed out that there is.
Technical issues in detecting CSAM content without compromising message encryption have been a major bottleneck in negotiations over draft regulations, and unless this is resolved, it will be difficult to enact legislation.
Many experts familiar with the matter view it as 'technically unfeasible,' and the technology to detect CSAM in encrypted content is currently not mature and will mature in the next two to five years. Some people say they have no chance of doing so.
If passed, the proposed regulations could lead to fears of mass surveillance and weaken the encryption system itself, and raise further concerns about its incompatibility with existing EU law that prohibits monitoring of people's communications. The current situation is that On November 6, 2023, the Irish Council for Freedom and Human Rights, which called for transparency and disclosure amid active debate, expressed concern about the European Commission's response, calling it ``deeply worrying.'' .
Dr Chris Schryshak, senior fellow at the Irish Council for Civil Liberties and Human Rights, said in a statement: 'Given the current concerns, the European Commission's lack of transparency regarding external experts is troubling.' I am.
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