[HN Gopher] Majority of EU countries support scanning of audio c...
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       Majority of EU countries support scanning of audio communications
        
       Author : mdp2021
       Score  : 45 points
       Date   : 2023-05-16 18:49 UTC (4 hours ago)
        
 (HTM) web link (www.euractiv.com)
 (TXT) w3m dump (www.euractiv.com)
        
       | Andrew_nenakhov wrote:
       | Obligatory reminder: the goal of mass-surveillance is never to
       | prevent terrorist acts or protect the children from predators. It
       | is to have a dossier on everyone.
        
       | mikece wrote:
       | Do any of the EU countries have a legal history of having the
       | right to privacy enshrined in law and custom?
        
         | miohtama wrote:
         | Yes. Also in not so delightful way.
         | 
         | https://www.investigate-europe.eu/en/2023/luxembourg-busines...
         | 
         | This is the case that shut down the public access to Companies
         | House registry, as oligarch's handyman was complaining access
         | to companies ownership data violates the privacy of his
         | businesses. Might be a net loss for the society in this case.
        
         | eisstrom wrote:
         | You might be interested in Aritcle 8 of the European Convention
         | on Human Rights (https://en.wikipedia.org/wiki/Article_8_of_the
         | _European_Conv...). It was recently used to declare the UK's
         | mass surveillance unlawful (https://dpglaw.co.uk/european-
         | court-of-human-rights-declares...)
        
           | cccbbbaaa wrote:
           | See also Articles 7 and 8 of the Charter of Fundamental
           | Rights of the European Union
           | (https://www.europarl.europa.eu/charter/pdf/text_en.pdf).
           | (side note, the ECHR is why European countries have strong
           | privacy laws since the '70s.)
           | 
           | The EDPS recently said that under the Charter, the infamous
           | "Chat Control" would always be illegal in the EU:
           | https://www.euractiv.com/section/law-enforcement/news/eu-
           | wat....
        
           | andai wrote:
           | Very interesting. Does this apply to the Dutch "dragnet"
           | surveillance law too?
           | 
           | https://aboutintel.eu/update-dutch-dragnet-act/
        
         | [deleted]
        
         | marginalia_nu wrote:
         | Not that I'm aware of, although East Germany still has Stasi in
         | living memory, which gives mass surveillance a tangibley sour
         | aftertaste.
        
       | ClumsyPilot wrote:
       | This is a terrible headline. It gives impression that the
       | majority of electorate supports this. Or maybe majority of their
       | respective parliaments does.
       | 
       | But it's just the executive branch of the EU itself- "A majority
       | of the EU Council of Ministers". More or less, each government
       | selects a minister to represent them in this council.
       | 
       | The article should really be reporting on how this bill is
       | progressing. I am no legal expert, but I believe the EU
       | parliament, which is actually elected, could reject it. I am not
       | sure what happens if it is found unconstitutional in some of the
       | countries concerned.
        
         | denton-scratch wrote:
         | > More or less, each government selects a minister to represent
         | them in this council.
         | 
         | That's right; but note that the minister they select depends on
         | what's being discussed. There isn't really a "Council of
         | Ministers" you could list the names of; it changes for each
         | meeting.
         | 
         | That is, the C of M is really a council of member governments.
         | And what government wouldn't like to have the EU mandate
         | maximum surveillance, so when their citizens complain, they can
         | just blame the EU?
        
           | FinnKuhn wrote:
           | You can see this all the time in German politics. Someone
           | says that they don't want to do a thing in Germany and than
           | just do it in the EU. The best example would probably be chat
           | control.
        
         | jltsiren wrote:
         | > I am not sure what happens if it is found unconstitutional in
         | some of the countries concerned.
         | 
         | The general principle is that EU law takes precedence over
         | national laws, including national constitutions. If a member
         | state finds a law unconstitutional, they have a few options.
         | They could try to convince everyone else to change the law.
         | They could change their constitution. They could leave the EU.
         | Or they could just ignore the law and face the political and
         | financial consequences.
         | 
         | In some sense, the EU is no different from any other legally
         | binding international treaty. It's a package deal, so you can't
         | avoid the aspects you don't like. But because treaties are
         | between sovereign states, it's always possible to leave them.
        
         | someweirdperson wrote:
         | > I am not sure what happens if it is found unconstitutional in
         | some of the countries concerned.
         | 
         | I am sure that we are not going to bring those to justice that
         | create law that is found unconstitutional.
        
       | ilyt wrote:
       | It's sad that "think of the children" is still argument that
       | works on some dumbasses.
        
         | anigbrowl wrote:
         | It's equally sad that privacy advocates (of whom I am one)
         | mostly refuse to acknowledge that CSAM is a real and measurable
         | problem, which specifically exploits children's naivete and
         | lack of agency. 'Think of the children' should absolutely not
         | be the only decision-making criterion, but it should absolutely
         | be among such criteria.
        
           | ilyt wrote:
           | Sure but it isn't distributed via voice calls on public voice
           | networks...
        
           | waboremo wrote:
           | We do need better layered solutions here for sure. In the
           | same way that we can't "defeat drug abuse" by jailing
           | everyone, there needs to be a multitude of solutions at every
           | interval to help. While I think privacy advocates are far
           | more in favor of even looking for these solutions at all,
           | it's also our duty to find and push these solutions because
           | ultimately, others will not care. Optics are just too
           | horrible, hence how swiftly these things move.
           | 
           | What's interesting is that recently privacy advocates have
           | thankfully also recognized that "think of the children" can
           | be a legitimate argument, and have been using it to fight
           | against horrible solutions. But we really have to move past
           | this and find better solutions, it can't be this endless tit
           | for tat as "both sides" wind up losing.
        
           | nforgerit wrote:
           | You know what would help for real? Social workers, parents
           | empowering on things digital, educative initiatives for all
           | stakeholders and proper case-by-case prosecution by
           | prosecution authorities that are not under-financed and
           | overwhelmed. But hey, this way is easier and gives total
           | government control into hands of possibly bad government
           | actors in the future.
        
             | BLKNSLVR wrote:
             | You're absolutely right, and I've said as much in the past.
             | Social work and educational solutions actually have a
             | chance of making things better, actually giving children
             | the tools and knowledge to protect themselves.
             | 
             | Law enforcement is only a tool for punishment of offenders,
             | it in no way "protects children" because the offense has
             | already occurred.
             | 
             | Anecdotal example, but this is seems to be the opposite of
             | wanting to "protect children":
             | https://www.abc.net.au/news/2023-05-06/high-risk-
             | paedophile-...
        
           | WinstonSmith84 wrote:
           | > CSAM is a real and measurable problem
           | 
           | Well, I'd be curious to see how widespread CSAM is
           | altogether, and especially how much WhatsApp, Messengers, and
           | others are relevant for abusers. One thing I know about this
           | topic is that the offenders are mostly close relatives. The
           | thing I don't know, but intuitively, I'd not think that a
           | close relative would take the risk of sending compromising
           | messages on the smartphone of the victim. Not denying it
           | never exists, but what are the numbers we are talking about?
           | As neutral as I'm trying to think, it's very very hard to see
           | a genuine intention into what the EU is doing
        
         | mikece wrote:
         | I tend to ignore "think of the children" pleas from people who
         | outsource the education and supervision of their children to
         | the state or other "non-parent providers."
        
           | anigbrowl wrote:
           | Right it's not like children are ever abused by family
           | members.
        
           | andai wrote:
           | Alas, we are outnumbered by servants of the machine ;)
        
       | dadjoker wrote:
       | What could possibly go wrong?
        
         | mdp2021 wrote:
         | > _What could possibly go wrong?_
         | 
         | This could have normally be considered an idle comment.
         | 
         | Unfortunately, in today's world it has become part of a rule:
         | "when any trend emerges, ask yourself: what could possibly go
         | wrong".
        
       | squarefoot wrote:
       | In a few years, every pedophile will be able to create CSAM
       | material indistinguishable from reality on their computer thanks
       | to AI, therefore they won't need anymore to download it from the
       | Internet. When this will occur, the powers that be could hardly
       | use the protect-the-children argument to spy on citizens, since
       | all material will be virtually created offline. I guess they're
       | struggling to have draconian laws passed ASAP also for this
       | reason.
        
         | waboremo wrote:
         | I don't think this is a good argument as is, because it
         | effectively justifies the draconian laws. Basically if they got
         | all of them to stop taking actions in real life, and
         | exclusively generate content on people who don't exist... then
         | the laws have done their job. They've saved people from harm.
        
         | kwhitefoot wrote:
         | Such material is already criminalised in the UK.
        
       | nico wrote:
       | > majority of the EU Council of Ministers seem to favour
       | expanding the scanning of private messages to audio
       | communications to detect child sexual abuse material
       | 
       | Please think of the children
       | 
       | Oh well
        
       | nforgerit wrote:
       | I used to be a convinced pro-European but for me it's getting
       | harder and harder to _not_ believe in some kind of plot for
       | assuming total control over their citizens. Each and every EU
       | regulation concerning "things digital" is pointing to a direction
       | where "freedom" is just an empty buzzword used for virtue
       | signalling against states like China. I am getting seriously
       | concerned about things (not that i haven't been before).
        
         | bjoli wrote:
         | And it is almost exclusively the right taking us there. Even
         | the liberals.
         | 
         | If you are not to the left (proper left, not USA left) you have
         | very few options.
        
         | throw0101c wrote:
         | > _I used to be a convinced pro-European but for me it 's
         | getting harder and harder to _not_ believe in some kind of plot
         | for assuming total control over their citizens._
         | 
         | The EU is just catching up to the US:
         | 
         | * https://en.wikipedia.org/wiki/Room_641A
        
           | nforgerit wrote:
           | You mean catching up to government paranoia initiated by 9/11
           | which led to 2 unnecessary wars, never seen before government
           | surveillance and destabilization of the middle east. Great
           | job, let's do the same!
        
             | hulitu wrote:
             | It was not initiated by 9/11. 9/11 was just an excuse to
             | extend surveillance.
        
         | Yujf wrote:
         | It is a difficult thing. Because of it's size, the EU often
         | feels unnaccountable to me. Also the news does not focus on who
         | votes for what or what their ideas in the EU are but only
         | focusses on national level. And then the EU makes decisions
         | that I dissagree with and it leaves a bad taste.
         | 
         | On the other hand, I believe the EU has so much potential and
         | is a huge benefit overall
        
         | mrtksn wrote:
         | Wasn't it proven that the US does this since a long time and
         | whistleblowers lives ruined? Obama even has given an apologetic
         | speech for it?
         | 
         | I'm not supporting this but if it will happen I would prefer it
         | happening openly within a legal framework.
         | 
         | I don't get the appeal for it being done by secret services
         | instead of civil services. I guess it's about different
         | relationship with the governments.
         | 
         | Yesterday I saw a tweet from Paul Graham calling European AI
         | startups to pre-emptively move to the US because of some EU
         | regulation draft, today top topics here are about OpenAI
         | speaking with the US government trying to scare them into
         | requiring licensing to work on AI.
         | 
         | Maybe the contrast between US/EU is not as stark as the
         | narrative makes it appear.
        
           | nforgerit wrote:
           | Yeah I was always thinking the same. They must be jealous
           | about the enormous surveillance power that accumulated in the
           | US for over 2 decades.
           | 
           | Thing is: If the strategy is to have total surveillance based
           | on an open legal framework then they should actively market
           | it as that. I _might_ even agree with that. But given they're
           | BSing us with "protect the children" I cannot help but see
           | them as bad actors doing stupid/evil sh*t.
        
             | mrtksn wrote:
             | [dead]
        
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       (page generated 2023-05-16 23:01 UTC)