Months after experiencing a setback in their efforts regarding surveillance the European Union is seeking another opportunity to address the issue under conditions they deem more favorable, however Members of European Parliament remain skeptical to the new proposal.

EU ambassadors reached a consensus move forward with [1] a temporary extension of the framework that enables platforms such as WhatsApp and Messenger to monitor users’ private communications. Proponents assert that the measure aims to combat child sexual abuse material, reviving a scheme that [2] the European Parliament had voted to terminate in March. The proposal originates from the Cypriot presidency of the Council, and advancing it would be unprecedented, given that Parliament has already dismissed the Commission’s plan and typically has the final say. Members of the European Parliament caution that if the Council proceeds with the temporary instrument despite the parliament's explicit rejection, it could hinder the current negotiations aimed at establishing an anti-CSAM framework. Progressive lawmakers view the decision as a harsh effort by the EPP and the Council to undermine the wishes of the parliamentary majority.

Birgit Sippel, [3] an MEP for the Group of the Progressive Alliance of Socialists and Democrats said, “As European Parliament we were always in favour of targeted detection, with all the progress made so far on the long-term legal framework, reopening the discussion about a possible prolongation of the interim derogation would hamper those negotiations.” Markéta Gregorová, [4] an MEP for the Group of the Greens and European Free Alliance also said, “Trying to reopen the negotiations with questionable procedural tricks won't make it more successful and undermines the Parliament's position.” A study [5] titled White-Box Attacks on PhotoDNA Perceptual Hash Function conducted by researchers at KU Leuven and Ghent University has [6] revealed significant flaws in the AI-based scanning technology used to detect unknown images and texts. The researchers reverse-engineered Microsoft’s PhotoDNA, the widely adopted algorithm utilized by tech companies for Chat Control, and identified critical vulnerabilities within the system.

The study's findings indicate that the software is “unreliable.” Criminals are reportedly able to obscure illegal images with minimal modifications, such as adding a simple border. Conversely, innocuous images can be altered in ways that may trigger false reports to law enforcement. The analysis suggests that the most complex methods of manipulating the system can be executed in under ten minutes on a standard personal laptop. A study conducted by the European Parliament has [7] indicated that there is currently no method for scanning this material that would not result in error rates significant enough to intercept substantial amounts of lawful communication. Additionally, the Council's own legal service has identified the same proposal as a concern regarding the right to privacy.

Fight Chat Control has warned that [8] the Chat Control proposal seeks to authorize the scanning of all private digital communications, including encrypted messages and images. As a result this raises significant concerns about the protection of privacy rights and digital security for all citizens within the European Union. “Every photo, every message, every file you send may be automatically scanned without your consent or suspicion. This is not about catching criminals. It is mass surveillance imposed on all 450 million citizens of the European Union,” said Fight Chat Control.

Egle Markeviciute for EU Tech Loop says the proposal poses a dual threat to encryption in her column [9] titled Double threat to privacy: Chat Control 1.0 and 2.0 are back, “Some industry representatives, who had not been outspoken about the Chat Control 2.0 proposal, criticised the decision not to extend Chat Control 1.0. They argued that while they have obligations to ensure children's safety online, they will be unable to meet these obligations without being able to scan private messages,” said Markeviciute. Dr. Patrick Breyer, [10] a German civil rights activist has also raised concerns about Chat Control 2.0 stating it would lead to [11] an unprecedented “double attack” on secure messaging applications. “What we are witnessing this week is a blatant disregard for democratic processes and fundamental rights. EP President Metsola is attempting an unprecedented power play to resurrect the expired ‘Chat Control 1.0’ mass scanning regime, directly overriding her own Parliament’s clear rejection from March. Her own EPP group opposed in the final vote. This trickery betrays European democracy. At the exact same time, the European Parliament is in the process of rushing a new scanning mandate, paving the way for fatal concessions in the trilogue on Monday. EU citizens are facing a double-attack on their right to private correspondence. We cannot let undemocratic backroom deals destroy the safety, security, and confidentiality of our digital lives,” said Breyer.