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Article by Elisabetta Rosso – Journalist, Fanpage.it

Interview with Nicola Bernardi, President of Federprivacy

Germany has come out against Chat Control , and now its position is tilting the scales. The proposed law would require messaging, email, and social networking platforms—such as WhatsApp, Signal, Telegram, and Gmail—to automatically scan users’ messages, images, and files for illegal content, particularly child pornography.

The Child Sexual Abuse Regulation (CSAR)—this is its official name, even though everyone is using Chat Control—requires a qualified majority to be approved, meaning the support of at least 55% of member states representing at least 65% of the EU’s population. But with Germany opposed, a new scenario unfolds. To better understand, we spoke with Nicola Bernardi, president of Federprivacy.

The paradox of the European Union and Chat Control

Critics warn that the AI-based scanning systems envisioned in the European proposal risk compromising end-to-end encryption, exposing all digital communications to potential breaches and abuse. As Bernandi explains, “If the text proposed by the European Commission were to be approved without the necessary changes, messaging and email platforms like WhatsApp, Telegram, or Gmail would automatically scan every message, image, or video for child pornography or attempts to solicit minors.”

A method that could have complex effects: “Doing so would lead to indiscriminate mass surveillance that would monitor all the private communications of hundreds of millions of users in an attempt to track down a small number of criminals.” This approach, explains Bernardi, “would paradoxically violate the fundamental rights that the EU itself has recognized for its citizens, thus trampling on the constitutional principles and democratic values ​​on which the European Union is based.”

Why is it so difficult to find an agreement?

The Chat Control case has been ongoing for years. The European Commission first presented the proposal in 2022, with the aim of curbing the spread of child pornography online. National governments are now trying to find a common starting point, but divergences on the issues of digital surveillance and privacy protection continue to make the process extremely complex.

“Child pornography and child abuse are obviously phenomena that must be fought severely, but we must act with common sense, even if it’s not easy to find solutions that are truly effective and respect user privacy, and massive control over the tools commonly used by users is not at all,” Bernardi explained to Fanpage.it. “First of all, algorithms are not infallible; they can generate many false positives that would lead to the investigation of innocent people. But above all, criminals certainly don’t use WhatsApp and Gmail; they rely on the Dark Web instead.”

According to Bernardi, it’s pointless to look at the finger instead of the moon, ignoring the fact that most child pornography circulates in the deepest, most uncontrolled waters of the Internet. “Even though perfect solutions probably don’t exist, preventive checks should in any case only be conducted when there’s a well-founded suspicion, as is the case with investigations into organized crime. But if widespread preventive checks are absolutely necessary, then they should be conducted on the Dark Web and not on the public internet, which is why, in my opinion, the proposed Chat Control Regulation should be scrapped.”

When Security Becomes Surveillance: The EU at a Crossroads

According to data collected by fightchatcontrol.eu, the current situation among EU member states appears fragmented: those against include Austria, the Czech Republic, Estonia, Finland, Germany, Luxembourg, the Netherlands, Poland, and Slovenia; those in favor include Bulgaria, Croatia, Cyprus, Denmark, France, Hungary, Ireland, Lithuania, Malta, Portugal, Romania, and Spain; finally, Belgium, Greece, Italy, Latvia, Slovakia, and Sweden remain undecided.

“Germany takes a position consistent with the ideals on which the European Union was founded and with the fundamental rights that have united all member states for many decades. But if those pillars were now called into question or even set aside, the risk would not only be to citizens’ privacy, but to the very cohesion of the entire EU,” Bernardi explained. “The hope is therefore that both Germany and the other member states that hesitate to firmly oppose the creation of a mass control society will regain unity of thought while upholding the founding principles of the European Union.”

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