The Council of Ministers in the EU has, after three years, now reached a common position on Chat Control. The requirement for mandatory scanning (including end-to-end encrypted messaging services) has been removed, which is a major victory. The EU Council failed to implement mandatory mass surveillance. However, in its proposal, they are laying the groundwork for mass surveillance in the future.

The Council’s version of Chat Control includes voluntary scanning, vaguely worded legislation that may entail requirements for age verification and mandatory ID checks (even for end-to-end encrypted services), and an article stating that the requirement for mandatory scanning shall be reconsidered every three years. They also introduce a new infrastructure for blocking material, where it is up to each member state to block what they consider illegal. At the same time, a massive EU center is being established to work exclusively on this. All in all, this indicates that the EU Council is aiming to build an infrastructure for mass surveillance, and the legislative proposal is written in a way that opens the door to it.