Article about Chat-Kontrolle (draft)

articles/how-the-eu-commission-disgrace-themselves.md

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+<!--
+	{
+		description: "The European Union's proposed surveillance of all digital communications to identify child abuse depictions has sparked a contentious debate. While the intention to combat child exploitation is commendable, the potential consequences of such mass monitoring raise significant concerns for our collective rights and freedoms.",
+		preview: "res/header-eu-commission.png",
+		date: ~2023-07-28~,
+		tag: "Community",
+		author: "unyt.org",
+		authorRef: https://unyt.org
+	};
+-->
+
+# How The EU-Commission F*cks Up The Internet: Chat-Kontrolle
+
+In recent times, the concepts of **security**, **safety**, and **terrorism prevention** have been commonly invoked to justify mass surveillance, large-scale data collection, and analysis. Under the guise of these buzzwords, proposals for legislation like the [Child Sexual Abuse Regulation](https://ec.europa.eu/commission/presscorner/detail/en/IP_22_2976) commonly known as *Chatkontrolle* have been put forward by the European Commission. While the intention to combat child sexual abuse and exploitation is undeniably noble, this article delves into the legality of such proposals, the technical impracticalities, and the potential threats they pose to our basic human rights and the digital landscape.
+
+## The Chatkontrolle Regulation
+The proposed legislation aims to strengthen the digital fight against the dissemination of sexual abuse material involving minors. Under this regulation, *online service providers would be compelled to scan all user interactions for illegal content depicting violence and abuse against children and report such instances to an EU monitoring center*. In practice, this means that service providers would have to conduct extensive scans of *personal messages*, *images*, *videos*, and *voice recordings* of their users to ensure compliance with the law and promptly report any violations to the relevant authorities. For end-to-end encrypted services, this scanning would have to take place on users' devices, necessitating the use of client-side scanning.
+
+
+## Concerns
+While the goal of combating child sexual abuse is commendable, the legality of the Chatkontrolle proposal raises significant concerns about **user privacy** and **freedom of expression**. Critics argue that such widespread and invasive surveillance practices infringe upon citizens' fundamental rights to privacy and data protection. The proposed legislation, in essence, calls for a level of monitoring and data collection that *undermines the principles of a free and democratic society*.
+
+The EU Commission's plan for widespread control of digital communication can be seen as nothing short of **mass surveillance**, placing all individuals under a cloud of suspicion. In effect, this approach undermines the very essence of democratic societies by eroding our right to private and secure communication through end-to-end encryption. Encrypted and secure communication is not merely a matter of convenience; it serves not only as the foundation for *political activism*, *critical journalism* and *whistleblower protection*, but it is absolutely essential for every intimate and confidential conversation that takes place in a democratic society.
+
+
+### Technical Impracticalities
+The effectiveness of the Chatkontrolle proposal relies heavily on the existence and technical feasibility of the scanning technology described earlier. However, current technology, as well as the next generations, exhibit significant vulnerabilities that cast doubt on the viability of this legislation.
+
+Firstly, implementing such an extensive scanning process on a massive scale would require an enormous amount of resources, both in terms of hardware and computational power. This burden would disproportionately fall on service providers, with potential implications for their business operations and user experience.
+
+Enacting the Chatkontrolle legislation would mark a significant setback for the progress made in cybersecurity and privacy over the past decades. Important cryptographic advancements, such as encryption standards, signatures, and validation methods, could be compromised if technologies that breach or bypass encryption are developed. This would undermine a crucial protection mechanism for users' data and digital communications. Especially for end-to-end encrypted communication, which is increasingly becoming the norm for safeguarding online communications, poses a significant challenge to the proposed client-side scanning. Encryption protocols are designed to prevent unauthorized access to data, and creating a mechanism for scanning within encrypted communications without compromising security is not feasible at all.
+
+
+### Ethical Considerations
+The implementation of comprehensive Chatkontrolle would inevitably result in a significant invasion of privacy and curtailment of freedom of expression. Every communication would be subject to scrutiny for suspicious content, amounting to mass surveillance. Such practices directly conflict with the fundamental rights to privacy and freedom of expression, which are pillars of democratic societies. It is ethically untenable to indiscriminately suspect innocent citizens and monitor their communications without concrete grounds for suspicion.
+
+Some professions carry the obligation of utmost discretion: *medical practitioners*, *legal representatives*, *journalists*, *staff working in counseling services*, and many more. These individuals rely heavily on unbroken end-to-end encryption to ensure the proper safeguarding of their sources, victims, or clients. Nevertheless, with the introduction of Chatkontrolle, a vast portion of messages undergo scanning, giving rise to apprehensions about the preservation of confidentiality. The assurance that messages will reach their intended recipients exclusively is now uncertain, thus posing a substantial menace to professional secrecy under this proposition.
+
+### Potential for Misuse
+Developing an effective Chatkontrolle without resorting to invasive technical methods poses a considerable challenge. Artificial Intelligence (AI) algorithms used for monitoring and filtering chat content would need to understand subtle nuances and context to differentiate between harmless conversations and potentially dangerous activities. However, current AI algorithms are not yet advanced enough to guarantee such high levels of precision. They are susceptible to errors and can produce both false positive and false negative results. 
+
+*Surrendering our basic rights based on non-deterministic and potentially flawed algorithms is simply unacceptable.*
+
+
+Furthermore, this legislation has the potential to become a serious threat to the freedom of expression in the digital world. The proposed regulations would create the possibility of internet filtering at a technical level, leading to significant damage to free speech. Placing the responsibility for monitoring discreet communications between individuals in the hands of private companies or authorities raises concerns, especially when the technical feasibility of such endeavors is already in doubt.
+
+Imagine a scenario where cutting-edge technology enables authorities in the European Union to instantaneously blacklist any image or block the dissemination of specific buzzwords or texts across all digital platforms. Such a far-reaching system raises profound concerns about the potential erosion of civil liberties and the risk of misuse by authoritarian regimes.
+
+## Alternatives
+
+### Addressing the Root Cause
+Instead of futile attempts to retroactively capture abusive content, the focus must shift towards preventing the creation of such content in the first place and effectively halting all forms of abuse. Prevention strategies and training programs in care facilities play a pivotal role, given that the vast majority of abuse cases never come to light.
+
+### Expanding Law Enforcement Capacities
+The current state of law enforcement capacities is woefully inadequate, with months and even years passing before investigations are pursued and data is analyzed. Known material of abuse often remains unchecked and unremoved for extended periods. To track down producers of abuse material, undercover police operations must take precedence over squandering limited resources on mass prosecutions. Furthermore, reliable standards and guidelines for handling cases of sexual abuse must be formulated and adhered to across all law enforcement agencies.
+
+### Enhancing Media Literacy
+Early education in digital literacy is a fundamental aspect of protecting children and adolescents online. Children themselves must possess the knowledge and tools to navigate the internet safely. They need to be informed about the lurking dangers online and be taught to recognize and question grooming patterns. Targeted programs within schools and educational institutions, led by trained personnel facilitating discussions, should be mandatory.
+
+### Empowering Children to Speak Up
+Children must learn to express themselves, respond to situations, and report abuses. They should also have access to safe, discreet, accessible channels to report abuse without fear.
+
+## Our Statement
+We urge all political leaders to prioritize the **protection of free expression**, **privacy**, and **online security for every individual**, especially our children and youth. Blindly relying on purported technological "solutions" will not safeguard our children effectively. Instead, the EU Commission must present targeted alternatives and allocate essential resources for prevention and victim support. The proposed Chatkontrolle, risks creating a surveillance infrastructure threatening basic fundamental rights and must be averted immediately!
+
+## Conclusion
+While the fight against child sexual abuse and exploitation is crucial, the proposed Chatkontrolle legislation raises critical questions about the balance between security and fundamental human rights. The proposed legislation is highly dangerous from our perspective: The technical challenges and ethical concerns surrounding the Chatkontrolle proposal render an effective, unintrusive implementation unrealistic. 
+
+Mass surveillance, extensive data collection, and invasive scanning practices risk undermining privacy, freedom of expression, and the presumption of innocence. Instead of rushing into such intrusive measures, it is essential for policymakers to seek alternative solutions that strike a more appropriate balance between combating crimes and upholding the principles of a free and democratic society.
+
+## References
+* [chat-kontrolle.eu](https://chat-kontrolle.eu/)
+* [netzpolitik.org](https://netzpolitik.org)
+* [ccc.de](https://ccc.de)
+---
+
+* [netzpolitik.org - EU-Gesetzgebung einfach erklärt](https://netzpolitik.org/2023/chatkontrolle-eu-gesetzgebung-einfach-erklaert/)
+* [netzpolitik.org - Was du jetzt dagegen tun kannst](https://netzpolitik.org/2023/chatkontrolle-was-du-jetzt-dagegen-tun-kannst/)
+* [Chaos Computer Club - Briefgeheimnis wahren, Chatkontrolle stoppen!](https://media.ccc.de/v/divoc_bb3-48946-briefgeheimnis-wahren-chatkontrolle-stoppen)
+* [Chaos Computer Club warnt vor geplantem Gesetzesvorhaben zu "Digitaler Gewalt"](https://www.ccc.de/de/updates/2023/digitale-gewalt-vorratsdaten)
+* [European Commission - Fighting child sexual abuse: Commission proposes new rules to protect children](https://ec.europa.eu/commission/presscorner/detail/en/IP_22_2976)