The EU’s proposed Chat Control regulation goes against European values without achieving its aim to protect children.

There used to be a saying in communist Hungary plagued by surveillance, censorship, and lack of free expression: “If you have sensitive thoughts, don’t talk about them. If you talk about them, don’t put them into writing. If you put them into writing, don’t sign it. If you signed it, don’t be surprised.”

Author: Máté Hajba

This sentiment will yet again be words to live by if the EU’s Chat Control legislation goes through. This fundamentally flawed regulation not only demolishes the mutual efforts of consumers and companies to build better privacy measures, but it also has dire economic and societal consequences.

People in the EU and the US, where most of the big tech firms are based, want more privacy. Companies who want more customers must cater to this need, and build a better infrastructure providing robust privacy for users, and build trust.

Photo credit: Pixabay

The European Chat Control legislation menaces not only the intricate relationship between companies and consumers but the social contract between state and citizens. The cornerstone of both is trust, which the new regulation if passed will shatter.

The state needs to trust people that they behave according to laws, but the people also need to trust the state that its laws are equitable. Only in such an environment can basic freedoms, such as of speech and expression strive. Currently there is a crisis of trust which would be further exacerbated by an EU mandate to burst open people’s private messages and photos, not only to companies and government surveillance, but also for hackers and malicious actors, such as foreign governments. If the state doesn’t trust people, how can people trust the state that it won’t misuse or mismanage their private data? 

Chat Control would also worsen the already dysfunctional relationship of the EU and businesses. Due to European legislations Meta and Apple delayed their AI services in the continent, and Google signalled it will not comply with a new EU law to add more fact checkers.

EU regulations are not only anti-business but they also erode freedom of speech and expression. Chat Control would further disadvantage businesses and consumers. Companies would need to change business models, and would need to reconstruct their digital infrastructure to offer less privacy, when users want more. As the companies most affected are based in the US, this would have global consequences. Big tech firms are starting to disregard EU rules, so it is doubtful regulators could enforce Chat Control, and if yes would people blame businesses or it would lead to a further loss of trust in EU institutions?

Photo credit: Pixabay

The debate over the regulation has been dragging on for a long time, but now a new proposal aims to make the review of private messages voluntary for companies. Whether it is a thawing in the proposed strict measures or just a way of prolonging the debate until the envelope can be pushed further making it mandatory is anyone’s guess. One thing is certain, either way businesses will suffer, as they will lose users if they voluntarily snoop on messages, or they will further antagonize EU lawmakers who alreadíy have big businesses in their crosshairs.

Although Chat Control’s aim to protect children is laudable, this is not a feasible way. Regulations will affect those users who do not commit any crimes the most, and those with criminal intent will find illicit ways of continuing with their activities. As such Chat Control will be impossible to enforce in ways that would have an impact on child protection.

The largest impact it will have are not children, not even on the behaviour of people, businesses or regulators. The largest impact of Chat Control will be the dire breach of trust between all actors how should work together strengthening European values.

Cover photo credit: Pixabay

Máté Hajba is healthcare expert and the Director of the Free Market Foundation which advocates economic freedom, civil rights and tolerance. He writes for international press on issues such as intolerance in Hungary and international relations. To promote the concept of individualism, liberty, tolerance and free market.