[HN Gopher] German government comes out against Chat Control
       ___________________________________________________________________
        
       German government comes out against Chat Control
        
       https://www.patrick-breyer.de/en/citizen-protest-halts-chat-...
        
       Author : SolonIslandus
       Score  : 593 points
       Date   : 2025-10-07 17:31 UTC (5 hours ago)
        
 (HTM) web link (xcancel.com)
 (TXT) w3m dump (xcancel.com)
        
       | ZeroConcerns wrote:
       | OK, really hot take here:
       | 
       | -ChatControl, as it is currently defined, is not going to happen,
       | because it's absolutely stupid and would make impossible, amongst
       | other things, online banking
       | 
       | -Yet, there is a growing and legitimate demand for lawful
       | interception of 'chat' services. I mean, "sure, your bank account
       | got emptied, but we can't look into that because it happened via
       | Signal" just isn't a good look
       | 
       | -So, something has got to give. Either 'chat' services need to
       | become 'providers of telecoms services' and therefore implement
       | lawful interception laws, or the malware industry will continue
       | to flourish, or something even more stupid will happen
       | 
       | Pick your poison.
        
         | RiverCrochet wrote:
         | I would rather online banking be impossible, or only available
         | to those that take training and sign waivers, than have all my
         | communications surveiled.
        
           | ZeroConcerns wrote:
           | OK, you be you, But please note that I did not list "online
           | banking becoming impossible" as a likely outcome. Merely
           | malware continuing to be state-sponsored, or _certain_
           | communications to be surveilled. Not all of yours, unless you
           | draw an especially vinidicative judge (and yes, I 'm assuming
           | a functioning rule of law here -- if that's gone, what's
           | left?)
        
             | RiverCrochet wrote:
             | > OK, you be you
             | 
             | I don't know what you mean by this.
             | 
             | > But please note that I did not list "online banking
             | becoming impossible" as a likely outcome.
             | 
             | No, but it should be a likely and maybe even desired
             | outcome, especially if a justification for surveillance is
             | the prevention of online banking fraud among other crimes.
             | 
             | > Merely malware continuing to be state-sponsored, or
             | certain communications to be surveilled.
             | 
             | Norms and mores change over time, so the only conclusion is
             | that "certain communications" will become "all
             | communications" at some point in the future. I'd love to be
             | proven wrong.
        
               | ZeroConcerns wrote:
               | > Norms and mores change over time
               | 
               | Yeah, but laws tend to be more constant, and lawful
               | interception laws are, 100% guaranteed, a thing, right
               | now, in the country where you live.
               | 
               | They apply to telegrams, postal mail, telephone
               | conversations, and a whole bunch of other things nobody
               | really does anymore. They don't really apply to the
               | things people _do_ tend to do these days.
               | 
               | ChatControl is an incompetent attempt to remediate the
               | lapses in law enforcement that this has caused. I
               | strongly oppose it. But I also strongly oppose the idea
               | that the Internet should be off limits for any kind of
               | law enforcement, unless it is through dubious mechanisms
               | like state-sponsored malware.
               | 
               | Your "slippery slope" argument is much more compelling in
               | the _absense_ of extended lawful interception than in the
               | situation where Signal messages would somehow be equated
               | to postcards or SMS messages...
        
               | iamnothere wrote:
               | And yet lawful intercept laws cannot force you to decrypt
               | the OTP-encrypted physical letter you sent to your
               | friend. (Except in authoritarian shitholes like the UK.)
               | Same principles would seem to apply here.
        
         | iamnothere wrote:
         | I'll take the malware thanks
        
           | gr__or wrote:
           | while this is a link to the malware site x.com, it is shown
           | in a protective trustworthy hull, called xcancel.com
        
         | JoshTriplett wrote:
         | > So, something has got to give.
         | 
         | Something does have to give: the constant demands for
         | interception capabilities on end-to-end encrypted protocols.
         | Those demands must be thoroughly destroyed every time they rear
         | their head again.
        
           | asmor wrote:
           | It's interesting that this initiative seems to be mostly
           | driven by influential actors in the "online safety" space
           | that want their flawed scanning tech embedded into every
           | device. Thorn is the most public-facing one, but if you dig
           | into advocacy groups you'll find there's a dozen or so more,
           | and they competed for being the technical solution to the UK
           | online safety act too. But if it involves CSAM it's an even
           | more perfect monopoly - only a very select group of people
           | can train these models because the training data is literally
           | illegal to possess.
           | 
           | If you needed any indication for how these pseudo-charities
           | (usually it's a charity front and a commercial "technology
           | partner") are not interested in the public good, SafeToNet, a
           | company that up until last year was trying to sell a CSAM
           | livestream detection system to tech companies to "help become
           | compliant" ("SafeToWatch") now sells a locked down Android
           | phone to overprotective parents that puts an overlay on
           | screen whenever naked skin can be seen (of any kind). It's
           | based on a phone that retails for 150 pounds - but costs
           | almost 500 with this app preinstalled into your system
           | partition. That's exceptionally steep for a company that up
           | until last year was all about moral imperatives to build this
           | tech.
        
         | qwopmaster wrote:
         | Malware, easily
        
         | PickledJesus wrote:
         | How do you propose it's implemented though?
         | 
         | The two sides in this debate seem to be talking at cross
         | purposes, which is why it goes round and round.
         | 
         | A: "We need to do this, however it's done, it was possible
         | before so it must be possible now"
         | 
         | B: "You can't do this because of the implementation details
         | (i.e. you can't break encryption without breaking it for
         | everyone)"
         | 
         | ad infinitum.
         | 
         | Regardless of my own views on this, it seems to me that A needs
         | to make a concrete proposal
        
           | ZeroConcerns wrote:
           | Lawful intercept laws exist, and they've been sort-of
           | functional for ages.
           | 
           | Apps like Signal don't entirely fall within the scope of
           | these, which is the cause of the current manic attempts to
           | grab more powers.
           | 
           | My point is that these powers grabs should be resisted, and
           | that new services should be brought into the fold of existing
           | laws.
           | 
           | The prevailing opinion here seems to be that, instead, state
           | hacking should be endorsed. Which, well...
        
             | qwopmaster wrote:
             | The prevailing opinion here seems to be that we'd really
             | like for there to not be an omnipresent panopticon because
             | protect the children or terrorists or, apparently, malware.
             | If your imagination is particularly lacking on how this
             | might be weaponized just remember that antifa is now
             | designated as an terrorist organization in US, so you
             | better not be a suspected member of it -- as in, you best
             | not have sent a buddy a message on signal about how those
             | tiki torch carrying nazi larpers aren't exactly great guys,
             | or off to a black site you go for supporting terrorism.
             | 
             | If you want to prosecute people send physical goons, which
             | are of limited quantity, rather than limitless, cheaper and
             | better by the day pervasive surveillance of everybody and
             | everything.
        
               | ZeroConcerns wrote:
               | > an omnipresent panopticon
               | 
               | OK, sorry to keep repeating myself here, but... I
               | _strongly oppose_ any kind of  "panopticon" like
               | ChatControl.
               | 
               | What I would like to see, is, say, Signal complying with
               | lawful interception orders in the same way that any EU
               | telecoms provider currently does.
               | 
               | So, provide cleartext contents of communications to/from
               | a cleary identified party, for a limited time, by
               | judicial order, for a clearly specified reason.
               | 
               | > pervasive surveillance of everybody and everything
               | 
               | This is exactly what lawful intercept laws are supposed
               | to prevent. And yeah, of course, abuse, but under a
               | functioning rule of law there are at least ways to remedy
               | that, unlike with mass surveillance and/or malware...
        
               | NobodyNada wrote:
               | > I strongly oppose any kind of "panopticon" like
               | ChatControl. What I would like to see, is, say, Signal
               | [...] provide cleartext contents of communications
               | to/from a cleary identified party
               | 
               | Those statements simply aren't compatible.
               | 
               | Right now, Signal is designed by cryptography experts to
               | provide the best privacy we know how to build: messages
               | are only readable by you or the intended recipient.
               | "Lawful intercept" necessarily means some additional
               | third party is given the ability to read messages.
               | 
               | It doesn't matter what kind of legal framework you have
               | around that, because you can't just build a cryptosystem
               | where the key is "a warrant issued under due process."
               | There has to be a system, somewhere, that has access to
               | plaintext messages and can give law enforcement and
               | courts access. The judges, officers, technicians,
               | suppliers, and software involved in building and using
               | this system are _all_ potential vectors by which this
               | access can be compromised or misused -- whether via
               | software or hardware attacks, social engineering, or
               | abuse of power.
               | 
               | Maybe _your_ country has  "functioning rule of law", and
               | every single government official and all the vendors they
               | hire are pure as snow, but what about all the rest of us
               | living in imperfect countries? What about when a less-
               | than-totally-law-abiding regime comes into power?
               | 
               | You're proposing that we secure our private conversations
               | with TSA luggage locks.
        
               | Zak wrote:
               | For a real-world example of the problem you're
               | describing, China's Salt Typhoon attacks compromised
               | lawful intercept infrastructure in the USA to engage in
               | espionage. A mandatory backdoor in Signal would be at
               | risk from similar attacks.
               | 
               | https://en.wikipedia.org/wiki/Salt_Typhoon
        
               | ZeroConcerns wrote:
               | > You're proposing that we secure our private
               | conversations with TSA luggage locks
               | 
               | No -- that's an incredibly reductive summary, and the
               | attitude you display here is, if left unchecked, exactly
               | what will allow something equally ridiculous like
               | ChatControl to pass eventually.
               | 
               | There has been plenty of previous debate when innovations
               | like postal mail, telegraph traffic and phone calls were
               | introduced. This debate has resulted in laws,
               | jurisprudence, and corresponding operating procedures for
               | law enforcement.
               | 
               | You may believe there are no legitimate reasons to
               | intercept private communications, but the actual laws of
               | the country you live in right now say otherwise, I
               | guarantee you. You may not like that, and/or not believe
               | in the rule of law anymore anyway, but I can't help you
               | with that.
               | 
               | What I can hopefully convince you of, is that there needs
               | to be _some_ way to bring modern technology in line with
               | _existing_ laws, while avoiding  "9/11"-style breakdowns
               | of civil rights.
        
               | nofriend wrote:
               | We can draw analogy between any two things. An encrypted
               | chat is not a letter in the mail or a call on the
               | telephone. It is an entirely new thing. Backdooring such
               | chats is not "bringing technology in line with existing
               | laws" it is, very clearly, passing new laws, and creating
               | new invasions of privacy. It must be justified anew. The
               | justification for wiretapping was not that there was no
               | way to fight crime without it. Otherwise, when the
               | criminals became wise to it, and began to hold their
               | conversations offline, there would have been a new law,
               | requiring that all rooms be fitted with microphones that
               | the police could tap into as necessary. No such law was
               | passed. Instead, the justification for wiretapping was
               | simply that, once police had identified some transmission
               | as relating to the committing of a crime, they could
               | obtain a warrant, and then tap into the communication.
               | The physical capacity without any effort by uninvolved
               | individuals was the entire justification. That capacity
               | does not exist with encrypted chats. The analogy is
               | therefore much closer to the "mandated microphones"
               | described above. Everyone is being required to take
               | action to reduce their own privacy, regardless of whether
               | they are subject to a warrant.
               | 
               | What is most striking about our "mandated microphone"
               | analogy is the utter futility of it. Criminals have no
               | issue breaking the law, and hence have no issue
               | outfitting a room with no microphones in which to carry
               | out their dealings. The same is true of any law targeting
               | encrypted chats.
        
         | macawfish wrote:
         | Without confidential and private spaces, how in the world can
         | relational trust be cultivated?
         | 
         | And how in the world can we have safety if relational trust is
         | suffocated before it can even take root?
         | 
         | Please use your imagination! Those _aren 't_ the only options
         | if we embrace trust as essential rather than looking at any
         | need for it as a liability.
        
           | dylan604 wrote:
           | why do you think _they_ want relation trust. unless you mean
           | trusting that if you go against the man, the man will come
           | for you. maybe it would be better for s /trust/fear/
        
         | lukan wrote:
         | " "sure, your bank account got emptied, but we can't look into
         | that because it happened via Signal" just isn't a good look"
         | 
         | Do you want the police to regularily intercept and check your
         | signal chats for fraud and crime so this does not happen, or
         | what is the point here?
        
           | ZeroConcerns wrote:
           | > You want the police to regularily intercept and check your
           | signal chats for fraud
           | 
           | No, that's not how lawful intercept laws work.
           | 
           | I want police to be able to obtain a judicial order to
           | intercept, for a limited time, in cleartext, the (Signal
           | chats, or whatever other encrypted communications) of
           | identified parties reasonably suspected to be involved with
           | criminal activity.
           | 
           | ChatControl is not that, and it's one of the reasons it's a
           | nonstarter.
        
             | lukan wrote:
             | "I want police to be able to obtain a judicial order to
             | intercept, for a limited time, in cleartext, the (Signal
             | chats, or whatever other encrypted communications) of
             | identified parties reasonably suspected to be involved with
             | criminal activity."
             | 
             | They already have that in most (?) jurisdictions by now.
             | 
             | With a warrant, they can install a virus on the device that
             | will then do targeted surveillance.
             | 
             | ChatControl is bad, because it is blanket surveillance of
             | everyone without warrant.
        
               | ZeroConcerns wrote:
               | > With a warrant, they can install a virus on the device
               | that will then do targeted surveillance
               | 
               | Yeah, and that sponsors an entire malware industry!
               | 
               | I don't really know how I can make my position any
               | clearer, but...
               | 
               | -Malware: bad!
               | 
               | -ChatControl (encryption backdoors): bad!
               | 
               | -Inability to do any kind of law enforcement involving
               | "the Internet": double-plus bad!
               | 
               | -Enforcement of existing lawful interception laws in the
               | face of new technology: maybe look at that?
        
               | lukan wrote:
               | "I don't really know how I can make my position any
               | clearer, but..."
               | 
               | You could state in plain words what do you propose as an
               | alternative.
               | 
               | I read what you wrote, but have no idea what you propose.
        
               | ZeroConcerns wrote:
               | > I [...] have no idea what you propose
               | 
               | It's literally the last item in my list?
               | 
               | But to further clarify: I would like existing lawful
               | interception laws to be extended to services like Signal.
               | 
               | Not in the sense that any EU country should be able to
               | break Signal crypto (as ChatControl proposes, and which I
               | think is an utterly ill-advised idea), but that competent
               | law enforcement agencies should be able to demand
               | unencrypted Signal communications from/to an identified
               | EU party, for a limited time and purpose, upon a
               | (reviewable) judicial order.
               | 
               | Most, if not all, EU countries currently have similar
               | laws applying to telegrams, snail mail, email, telephony
               | and whatnot. If you don't like those either, that's fine,
               | but that's the status quo, and I would like to see that
               | extended to services like Signal, as opposed to
               | incompetently dumb measures like ChatControl...
        
               | lukan wrote:
               | Ok, so you want to break Encryption by law demand.
               | Because this is what this means. Or how exactly would it
               | work, technically? Signal does not know the private key
               | of the 2 parties. Signal would have to inject a infected
               | update into the client .. which is also malware. I rather
               | have just those on target devices with a warrant, instead
               | of breaking all encryption.
               | 
               | Or would you go extreme and outlaw decentraliced
               | encrypted communication alltogether?
        
             | ori_b wrote:
             | The law enforcement of which countries, under which sets of
             | laws?
             | 
             | Should Thailand be granted access to enforce their lease
             | majeste laws, for example?
             | https://en.m.wikipedia.org/wiki/L%C3%A8se-
             | majest%C3%A9_in_Th...
             | 
             | Who gets to decide what gets made available to who?
        
               | pona-a wrote:
               | I'll go a step further: if EU sovereigns claim the right
               | to "lawfully intercept" their citizens' private
               | communications, why shouldn't every state enjoy the same
               | privilege? Russia, Saudi Arabia, Egypt, and Uganda will
               | be exemplary custodians of such technology. You have
               | nothing to fear, citizen: their democratic constitutions
               | and impeccable legal codes will protect you.
        
               | ZeroConcerns wrote:
               | > law enforcement of which countries, under which sets of
               | laws?
               | 
               | We're taking about ChatControl here, so law enforcement
               | of EU countries, under their respective laws, into which
               | EU law should have been incorporated
               | 
               | > Should Thailand be granted access to enforce their
               | lease majeste laws
               | 
               | Same answer as "should Thailand be granted arrest rights
               | to enforce <whatever>": they submit a legal assistance
               | request to the country where the alleged crime occurred.
               | 
               | In the case of a lawful interception request for
               | "lease[sic] majeste" reasons, I'm _pretty_ sure this
               | would be immediately rejected.
               | 
               | But, if not, the EU subject of such interception would
               | have lots and lots of avenues to get redress.
               | 
               | Again, and I'm getting sort of tired from repeating
               | myself: "lawful interception" does not mean
               | "indiscriminate surveillance at the whim of whomever" --
               | it is a well-defined concept that has been used to
               | determine which telegrams and mail pieces to open and
               | which telephone calls to record for ages now. Your
               | country absolutely does it, as we speak, no matter where
               | you live. It's just that modern technology has far
               | outpaced the scope of this legislation, and things like
               | ChatControl are (incompetent) responses to that.
               | 
               | ChatControl is _not_ a good idea, and has very little
               | chance of becoming reality. But to stop dumb proposals
               | like this from coming up over and over again, _something
               | has got to give_.
        
               | ori_b wrote:
               | And when some other countries pass laws demanding access
               | to the same mechanism that the EU gets?
        
             | Hikikomori wrote:
             | Fail to see that it would even work. If the scam has
             | happened how would lawful interception afterwards help? The
             | criminal can just use burner accounts and the chat log
             | exist on the scammed persons device.
        
         | mattnewton wrote:
         | I am having a legitimately hard time wrapping my head around
         | not being able to prosecute bank fraud because signal exists.
         | Was it impossible before when criminals would talk in person
         | instead over a recorded telephone?
        
           | ZeroConcerns wrote:
           | No? But lawful intercept laws were never about "criminals
           | [talking] in person".
           | 
           | There's a different set of laws for that...
        
             | rstat1 wrote:
             | And we all know those laws are never abused and are
             | absolutely only used to target criminals.
        
               | ZeroConcerns wrote:
               | No, there is definitely abuse of lawful interception.
               | 
               | But, in a jurisdiction with a functioning rule of law,
               | these abuses can be spotted and remedied.
               | 
               | Doing the same for mass surveillance (such as
               | ChatControl) or state-sponsored malware is much harder.
               | 
               | I'm advocating _against_ ChatControl and malware, and
               | proposing existing lawful interception frameworks as an
               | alternative. But, apparently it 's not my day :)
        
           | awesome_dude wrote:
           | There is a famous case of US Mafia meeting in rooms, or out
           | on streets to discuss their "business activities" face to
           | face to prevent authorities from surveilling the phone calls.
           | 
           | The reason we know is because authorities were able to place
           | listening devices into the rooms that they were in, or
           | surveil them from other buildings.
        
             | mattnewton wrote:
             | This is analogous to getting a warrant to someone's phone.
             | (Chat control is like putting a microphone into every room
             | in case the government wants to listen after the fact.)
             | 
             | I'm still unconvinced that this make's law enforcement's
             | job so hard that something has to give.
        
         | DeepSeaTortoise wrote:
         | Why would the malware industry benefit from digital message
         | privacy?
         | 
         | If you're the victim, just hand over the relevant chats
         | yourself. Otherwise, just follow the money. And if the
         | attackers are sitting in a country whose banks you can't get to
         | cooperate, intercepting chat messages from within that country
         | won't do you any good either.
         | 
         | Also, if someone has malicious intent and is part of a criminal
         | network, the people within that network would hardly feel
         | burdened by all digital messages on all popular apps being
         | listened in on by the government. These people will just use
         | their own private applications. Making one is like 30min of
         | work or starting at $50 on fiverr.
        
           | ZeroConcerns wrote:
           | > Why would the malware industry benefit from digital message
           | privacy?
           | 
           | Because if lawful interception of in-transit messages is not
           | possible or permitted, hacking either the client or the
           | server becomes the only option.
           | 
           | You may enjoy reading https://therecord.media/encrochat-
           | police-arrest-6500-suspect.... Or just downvoting me. Or
           | both.
        
             | DeepSeaTortoise wrote:
             | Sure, if you want to read the messages, but the whole point
             | is that that's rarely necessary and the price isn't worth
             | the minimal gain.
             | 
             | Of the serious criminals, the only ones you'll be catching
             | are those with low technical knowledge (everyone else will
             | just be using their own applications) and the Venn diagram
             | of those with little tech knowledge and those whose digital
             | privacy practices could deceive law enforcement resembles
             | AA cups against a pane of glass.
             | 
             | Regarding Encrochat, it is no surprise that an
             | (unintentional?) watering hole gathered up a bunch of tech-
             | illiterate, the fallacy is that those people wouldn't have
             | been caught if they weren't allowed to flock to a single
             | platform for some time.
             | 
             | Would some people have not been caught until much later or
             | even not at all? Sure, but if LE would do its job (and not
             | ignoring, or even covering up, well known problem areas and
             | organizations for years to decades), only those of low
             | priority.
             | 
             | Is that little gain worth creating a tool to allow Iran or
             | similar countries to check every families' messages if they
             | suspect some family member might be gay?
             | 
             | Hard nope.
             | 
             | > Or just downvoting me.
             | 
             | Don't worry, I rarely do that and that's not just because I
             | can't...
        
           | marviio wrote:
           | "Follow the money". Yes, let's decide that no bank is to have
           | anything to do with crypto from next year. And not do
           | business with other banks that accepts crypto. That would
           | help stop fraud much more effective than Chat Control.
        
             | DeepSeaTortoise wrote:
             | For the vast majority of crypto currencies tracing the
             | transactions is trivial. And even currencies like XMR are
             | hardly as anonymous as people think.
             | 
             | The challenging regulations around technically anonymous
             | crypto currencies require you to actively make trackable
             | arrangements with your financial service providers. VERY
             | few people will ever do this, and therefore if anything
             | suspicious were to occur, all you've achieved is putting
             | yourself on the suspect list preemptively.
        
         | Tuna-Fish wrote:
         | > -Yet, there is a growing and legitimate demand for lawful
         | interception of 'chat' services. I mean, "sure, your bank
         | account got emptied, but we can't look into that because it
         | happened via Signal" just isn't a good look
         | 
         | Why on earth would mass intercept be necessary or even help in
         | that?
         | 
         | If you got scammed by someone, then you can contact the police
         | and hand over your message history. Why would the cops be
         | interested in someone else's message history for this?
        
           | ZeroConcerns wrote:
           | > Why on earth would mass intercept be necessary
           | 
           | Lawful interception is not "mass intercept."
           | 
           | It's the ability to surveil traffic from/to a clearly
           | identified party, upon a judicial order for specific reason,
           | for a limited time.
           | 
           | ChatControl, on the other hand, is mass interception. I'm
           | against it. Most people in the EU are against it. But to
           | prevent things like ChatControl coming up over and over
           | again, _a basic tool to combat Internet crime_ is required.
        
             | stephen_g wrote:
             | The problem we have is that was OK when someone had to
             | actually listen in or you had to have a tape recorder
             | connected up to every line you want to tap, or physically
             | open individual letters.
             | 
             | Now we have found "lawful intercept" can easily just become
             | mass surveillance, and not just by the people who are meant
             | to use it but other parties too. We saw this with CALEA
             | which was used by China (and who knows who else) for
             | espionage and spying for years before anyone realised.
             | 
             | You make a system for the "good guys" and it always turns
             | out adversary, criminal groups etc. will gain access, even
             | if the "good guys" don't start acting like bad guys
             | themselves.
             | 
             | Technology made mass surveillance easy, so every lawful
             | intercept becomes mass surveillance as well as vulnerable
             | to scammers, criminals and foreign intelligence.
             | 
             | And we don't have any way of making lawful intercept
             | possible without that unfortunately.
        
         | zwnow wrote:
         | Im sorry but I know my countries history, there is no good in
         | "lawful interception"
        
         | LudwigNagasena wrote:
         | A hot take: removing protections guaranteed by constitution
         | should require modification of the constitution. There is
         | already a "temporary" European regulation [1] that is in
         | violation of the German constitution [2]. CSAR would be a
         | further erosion of the legal foundation. Americans were happy
         | when their federal laws that restrict marijuana use were simply
         | ignored by executive fiat without proper processes, well, they
         | aren't so happy now to see that other laws can be freely
         | ignored too.
         | 
         | If people speak up and say "take away our rights" at a
         | referendum, let that be their decision, not a political
         | backroom deal.
         | 
         | [1] https://eur-lex.europa.eu/eli/reg/2021/1232/oj
         | 
         | [2] Article 10 at https://www.gesetze-im-
         | internet.de/englisch_gg/englisch_gg.h...
        
           | ZeroConcerns wrote:
           | > A hot take: removing protections guaranteed by constitution
           | 
           | Lawful intercept laws exist in most, if not all, EU
           | countries.
           | 
           | It's just that super-national overlay services like Signal
           | don't entirely fall within the framework of those.
           | 
           | So, there is now a choice: expand interception powers
           | indefinitely (a.k.a. ChatControl, which, to make things
           | crystal-clear, I'm 100% against), or bring new services into
           | the fold of existing legislation.
        
             | LudwigNagasena wrote:
             | No existing legislation requires proactive interception of
             | mail, physical or electronic. Bringing new services into
             | the fold of existing legislation would mean forbidding any
             | proactive scanning by civilians and forbidding such
             | scanning by authorities without a warrant or court order.
        
               | ZeroConcerns wrote:
               | > proactive interception of mail, physical or electronic
               | 
               | Lawful interception is not proactive: it requires a
               | judicial order to collect plaintext communications
               | from/to specifically identified individuals (resident in
               | the country demanding the interception), for a limited
               | time and for a specific purpose.
               | 
               | ChatControl, _which I strongly argue AGAINST_ would sort-
               | of be what you describe. But: I. Am. Arguing. AGAINST.
               | That.
        
               | Zak wrote:
               | A piece of open source software running on Alice's
               | computer exchanges keys with a piece of open source
               | software running on Bob's computer. Later Alice and Bob
               | exchange messages encrypted with those keys through
               | Charlie's server.
               | 
               | Eve, a police officer has evidence that Alice and Bob are
               | messaging each other about crimes and obtains a warrant
               | to require Charlie to intercept their communication.
               | Charlie has no ability to do so because it is encrypted
               | with keys known only by Alice and Bob.
               | 
               | If you want a different result, someone has to
               | proactively change part of this process. Which part
               | should change?
               | 
               | One option is to mandate that any encrypted messaging
               | software also give a key to the government or the
               | government's designee, but someone using open source
               | software can modify it so that it doesn't do that, which
               | would be hard or impossible to detect without a forensic
               | search of their device.
               | 
               | Another option is to mandate that a service provider like
               | Charlie's only deliver messages after verifying that it
               | can decrypt them. This, too is hard to enforce because
               | users can layer additional encryption on top of the
               | existing protocol. Signal's predecessor TextSecure did
               | that over SMS.
               | 
               | Both of those options introduce a serious security
               | vulnerability if the mechanism for accessing the
               | mandatory escrowed keys were ever compromised. Would you
               | like to suggest another mechanism?
        
               | iamnothere wrote:
               | About the only thing I can think of is to mandate the use
               | of (flawed) AI to identify messages that seem nonsensical
               | and refuse to pass them, and then to play a game of
               | Chinese-style DPI whack-a-mole in an attempt to suppress
               | open alternatives.
               | 
               | If you have the ability to run custom software--even if
               | it's a bash script--you can develop secure alternatives.
               | And even if you somehow restrict open source messaging, I
               | can just use good old pen-and-paper OTP to encrypt the
               | plaintext before typing it in, or copy/paste some other
               | text pre-encrypted in another program. But even then, all
               | this will do is kick off a steganographic arms race. AI
               | generated text where the first letter of each word is the
               | cyphertext may be nearly impossible to identify,
               | especially at scale.
               | 
               | If anything like this were to pass, my first task would
               | be making a gamified, user-friendly frontend for this
               | kind of thing.
        
           | layer8 wrote:
           | > modification of the constitution
           | 
           | Don't give them any ideas!
        
         | rstat1 wrote:
         | Malware has existed nearly since the dawn of computing. Making
         | the world even less secure under the guise of combating w/e
         | today's latest bogeyman is is not gonna solve that. And having
         | secure private communications is not gonna make it worse.
         | 
         | That anyone thinks this blatantly obvious attack on free speech
         | is actually going to be used only for law enforcement is wild
         | to me.
        
       | thevillagechief wrote:
       | This rollercoaster is wearing me out. I hope this finally settles
       | it!
        
         | layer8 wrote:
         | I wouldn't expect the general topic to become "finally settled"
         | within our lifetime.
        
           | fsflover wrote:
           | Unless there's a law ensuring our freedoms.
        
             | layer8 wrote:
             | Laws can be changed, can be reinterpreted, there are no
             | absolutes. What matters is who is in power, and how powers
             | are kept in check. There is no finality to any of that.
             | It's a constant process of keeping things up, or failing to
             | keep things up.
        
               | shoubidouwah wrote:
               | This is actually one of my own fears for efficient
               | organization at state level and above: - any new
               | technology, any new opportunity either has checks and
               | balances or gets exploited by smart optimizers with no
               | regards for the commons or human flourishing - checks and
               | balances are as you say a constant drain on public
               | attention and resources: you need smart people doing the
               | checking (finite resource), and receptive eyeballs
               | (finite also) - it is thus an optimization problem.
               | attack_surface - check_capacity = societal_explots I
               | worry that the check_capacity term is constrained, but
               | that the attack_surface keeps aexpanding with new
               | technologies. At some point, we started playing whack a
               | mole, frantically jumping from one check to another, and
               | we're holding the fray stochastically. but at some point
               | it's going to become extremely adversarial.
        
               | hn_acc1 wrote:
               | I agree. There's an old saying: those who want to become
               | president (leader of a country) should in no way be
               | allowed to do so.
        
               | the8472 wrote:
               | Well, where's the megaproject to raise the public's IQ by
               | 50 so that basic game-theoretic checkings become child's
               | play?
        
             | macintux wrote:
             | Ask the U.S. lately just how binding those laws are.
        
               | awesome_dude wrote:
               | Edward Snowden approves of this reminder :)
        
             | schoen wrote:
             | It's difficult to entrench things. In the UK they have
             | often said "one Parliament can't bind another Parliament",
             | and in the U.S. it's also sometimes said "one Congress
             | can't bind another Congress".
             | 
             | The most obvious mechanism is a constitutional amendment,
             | but in the U.S. the only amendment to be _drafted and
             | adopted_ in modern times is the 26th amendment (1971), 54
             | years ago. (The 27th amendment had a weird status where it
             | was belatedly adopted with a 200-year delay.) It 's hard to
             | imagine many constitutional amendments actually being
             | passed now because it's been challenging to find consensus
             | on many things within U.S. politics lately.
             | 
             | I don't know that the EU at a supranational level has any
             | mechanism at all to ban future EU directives. Maybe they
             | could decide to remove something from the list of areas of
             | competence of the EU? But Chat Control is under the "Area
             | of Freedom, Security and Justice" and I can't imagine the
             | EU deciding that that should be abandoned as an area of
             | Union competence.
             | 
             | Edit: The international human rights treaties, at least in
             | regulating law enforcement, have tended not to follow the
             | idea that some kind of regulation or law enforcement power
             | is completely off-limits, but just that they need
             | procedural safeguards -- especially for surveillance and
             | investigatory powers. In this case, Chat Control opponents
             | (including me) would like it to be completely off-limits,
             | but the human rights instruments arguments might more
             | naturally go into "did they create enough surrounding rules
             | and mechanisms about how it's used and how it's regulated?"
             | rather than "can we just say governments just can't make
             | this rule?".
        
             | m12k wrote:
             | I mean, the right to privacy is already enshrined in the
             | EU's human rights. The courts would likely strike Chat
             | Control down if it were to pass. But I wish there was a way
             | to prevent our politicians from even trying this shit.
        
               | lxgr wrote:
               | Other things are enshrined in the EU human rights as
               | well, many of them ultimately contradicting each other if
               | you follow them to their logical conclusion.
               | 
               | It's the task of parliaments, governments, and courts to
               | reevaluate and resolve all these contradictions over and
               | over again. It's tedious and takes a lot of resources,
               | but that's the price for democracy.
        
               | bigstrat2003 wrote:
               | > I mean, the right to privacy is already enshrined in
               | the EU's human rights.
               | 
               | The constitution of the Democratic People's Republic of
               | Korea (i.e. North Korea) famously guarantees freedom of
               | expression as a fundamental right for the people. That
               | hasn't stopped the government from trampling all over
               | freedom of expression, though. The EU is of course
               | nowhere near North Korea in terms of what is considered
               | acceptable, but don't ever trust that the words in the
               | constitution will be enough to keep the government from
               | doing something.
        
             | lxgr wrote:
             | Given that freedom can mean different things even to the
             | same society at different times and in different
             | circumstances, such a law would essentially have to be
             | sentient.
        
             | 2pEXgD0fZ5cF wrote:
             | Chat control very likely violates at least german law, if
             | not EU law too already. As experts as well as the ministry
             | of justice of the previous government in germany have
             | pointed out time and time again.
             | 
             | Yet still that was never enough for a clear and definitive
             | "no".
             | 
             | It is very likely that the people in favor of this would
             | still try to push it through, or let that happen. They know
             | that the legal battle afterwards to determine its
             | unlawfulness would take years.
             | 
             | And during that time it could already be put it place. And
             | once the legal battle is over (and likely won) severe
             | damage is done and they could still adapt the law or just
             | offer companies to continue doing this "voluntarily". And
             | personally I wouldn't count on Apple, Google, or Facebook
             | to roll this back quickly in that case once they've put it
             | into place.
        
           | bigstrat2003 wrote:
           | Freedom will not ever be finally settled in this life. Laws
           | can be changed, constitutions amended, and of course the law
           | is only as good as willingness to enforce it. The price of
           | freedom is eternal vigilance, as nice as it would be if that
           | wasn't so.
        
             | awesome_dude wrote:
             | At issue here is... what exactly "freedom" is
             | 
             | Speech is restricted the world over for things (fraud,
             | threats, libel/slander, secrets, and more), and we're
             | almost universally in favour of that.
             | 
             | It's a balancing act, and the point where we set the
             | balance is difficult, and constantly changing (should we
             | allow speech that encourages the persecution of other
             | people, sometimes called "hate speech" or should people be
             | allowed to advocate for the murder/rape/extermination of
             | other human beings because of the way they look)
        
               | seabass-labrax wrote:
               | I'm not sure that's relevant to Chat Control. What's at
               | stake here is not a definition of 'acceptable
               | communication' in public, but the possibility of all
               | _private_ communication being scanned.
               | 
               | That's not to say that private communication can't
               | already be illegal; mere 'conspiracy' is a crime in many
               | places. Yet the level of surveillance that would be
               | enabled by legislation like Chat Control is greater than
               | any other in history. Even notorious agencies like the
               | Stasi had to pick and choose their targets based on prior
               | suspicion, simply because of the logistics involved in
               | traditional surveillance.
               | 
               | We don't fully know what effects this kind of unceasing,
               | universal monitoring would have on society, and what
               | little historical precedent exists doesn't bode well.
               | Restrictions on _public speech_ however are pretty well
               | understood; we 've had censorship in various forms pretty
               | much everywhere in the world at one point or another. We
               | can look to history for lessons about what happens, and
               | can properly discuss (even if not agree!) about when
               | censorship is good or bad for society.
        
               | awesome_dude wrote:
               | My comment is 100% relevant to the comment I was replying
               | to. (Sometimes I do wish people who down vote were forced
               | to comment why they were making such erroneous decisions)
        
               | bigstrat2003 wrote:
               | I don't think that this is really relevant to my point.
               | My point is not that the proposed EU laws are good or bad
               | (frankly, I don't know anything about them and I'm not in
               | the EU so it's not my business), but that this topic _can
               | 't_ be definitely settled for all time. No matter what
               | resolution is reached in the EU today, in 5 years' time
               | someone will be fighting to change it. That's just how it
               | goes.
        
               | awesome_dude wrote:
               | How is the reasoning for the constant change not relevant
        
           | tavavex wrote:
           | I expect it to become settled, just not in the way we want
           | it.
           | 
           | Sure, there is the rollercoaster, ups and downs, small wins
           | and losses going on all the time. But look at the general
           | trends - these freedoms that we enjoyed are by and large
           | being chipped away, it's all trending down, worldwide. It's
           | two steps back, one step forward. Maybe CC doesn't get put in
           | place this particular time, but they will ram it through
           | eventually, at some point the right angle will be found to
           | make the right people vote for it. Then the battleground will
           | move onto something even more egregious, and so on. I'm not
           | seeing why there would be a sudden reversal of this trend in
           | the coming decades.
        
           | BlackjackCF wrote:
           | From a non-EU perspective, it seems like the EU tries to push
           | something akin to this every couple of years. So I guess it's
           | settled for at least a few years...?
        
         | captainkrtek wrote:
         | It goes in waves, the forces behind it will continue and keep
         | pushing until they can get it through, its a setback though.
        
         | qoez wrote:
         | Just imagine some other people will carry the burden and
         | mentally distance yourself from it to relax from it wearing you
         | out. You can take up the burden again later once you've
         | recovered and others are worn out
        
         | swinglock wrote:
         | It's working. It will not be settled.
        
         | bradley13 wrote:
         | Finally settled? Forget it. The autocrats will try, try again.
         | 
         | In fact, if ChatControl does fail, they have already planned to
         | include this in ProtectEU - a larger package coming soon...
        
       | jMyles wrote:
       | A simple way to end the discussion:
       | 
       | No matter what the state says, or what legislatures pass what
       | laws, we're going to continue to live out our right to general
       | purpose computing, including sending only what we choose to send
       | over the wire, and encrypting content as we see fit.
       | 
       | Now let's talk about something else.
        
         | tokyolights2 wrote:
         | I like the sentiment but it sounds very similar to Soverign
         | Citizen nonsense. You can't just plug your ears and say that a
         | law doesn't apply to you because you didn't consent to it.
        
           | jMyles wrote:
           | The reasoning isn't about consent or social contracts, but
           | about the evolutionary trajectory of humankind.
           | 
           | By way of example: in the United States, the 1st amendment to
           | the constitution guarantees freedom of "the press" - it is
           | referenced not by the right to print what one wants, but
           | specifically in reference to the technology of the time, the
           | printing press.
           | 
           | It's obvious that our evolutionary trajectory is one in which
           | widely distributed general purpose computing is normal.
           | 
           | Making laws that contradict this is just childish, and at
           | some point the adults in the room need to be willing to
           | ignore them.
        
           | zarzavat wrote:
           | Yes you can, it's called civil disobedience. Sovcits are
           | stupid because they break the law but _don 't know it_.
           | 
           | Civil disobedience involves breaking the law with full
           | knowledge that it's illegal, to protest injustice.
        
         | sfdlkj3jk342a wrote:
         | That works until the government and media successfully push the
         | narrative to the public that anyone using encryption is
         | supporting child molesters and terrorists.
        
           | MYEUHD wrote:
           | The government itself uses encryption.
           | 
           | In fact the proposed chat control law has an exception for
           | government agencies
        
             | tavavex wrote:
             | That doesn't counter the argument. The people arguing
             | against encryption would just liken it to the government
             | being able to use military equipment that you, as an
             | individual, can't have. "Free communication is a dangerous
             | tool, only the government can be entrusted with the power
             | it provides" and so on.
        
           | zarzavat wrote:
           | This may work on boomers but for younger people 90% of the
           | use of a phone is for messaging and obviously you don't want
           | anyone listening in to your private conversations especially
           | for sexting.
           | 
           | People are not going to stop sending each other their boobs
           | or penii, and while that remains the case, encrypted
           | messaging will thrive.
        
       | bgwalter wrote:
       | "anlasslose Chatkontrolle" => Chat Control _without cause_.
       | 
       | Ok, maybe these are not weasel words in this case. The CDU
       | probably wants to present itself as a friend of the people using
       | a popular issue that they don't really care about. My suspicion
       | is that this is exactly why the ChatControl issue is brought up
       | yearly. It distracts people from wars, the economy etc., there is
       | a big discussion and finally the government graciously comes down
       | on the side of the people. Each and every year.
        
         | Zak wrote:
         | > _It distracts people from wars, the economy etc_
         | 
         | Were this true, some politicians would do it for that reason.
         | It would need to get a lot of attention to be an effective
         | distraction, and it does not. The mainstream press barely
         | covers the issue. Many people who would be directly harmed by
         | it don't even know what's being considered.
        
           | spookie wrote:
           | Yeah, this isn't being covered at all. At least, up to its
           | significance. Most people are computer illiterate too, so it
           | is unlikely they would understand or care either.
           | 
           | It's no wonder we see the countries that oppose this as well.
           | Makes one think. Sweden's case is peculiar given their
           | military opposed it. I wonder what's going on there.
        
         | eqvinox wrote:
         | I mean, there is already "Quellen-TKU"1 for the "with cause"
         | situation... however bonkers that one might be on a modern
         | secure Apple or Android device...
         | 
         | 1 Quelle = source, TKU = Telekommunikationsuberwachung =
         | telecommunication surveillance. aka installing trojans on your
         | devices.
        
       | shevy-java wrote:
       | This is strange, because not long ago it was Germany (!!) that
       | pushed heavily for mass-sniffing of people. I don't trust this.
       | People should watch very, very carefully what Germany is actually
       | doing next. I would not be surprised if the mass-sniffing comes
       | in a few months when nobody is looking.
        
         | kragen wrote:
         | Zensursula von der Leyen is from the CDU, specifically.
        
         | jasonvorhe wrote:
         | Germany will not abandon chat control just like the data
         | perseveration they're so keen on. Europe is preparing for war
         | so they need ways to make opposition more difficult. They're
         | just waiting for the opportune moment where the opposition to
         | these acts won't be as organized or is distracted with
         | something else.
        
           | mx7zysuj4xew wrote:
           | What war, against who? I don't know what kind of narrative
           | you are tying to push here but know that any attempt would
           | immediately meet strong opposition (I've seen the graves of
           | Verdun and I for one would do anything to actively undermine
           | and sabotage any kind of active war effort)
        
         | layer8 wrote:
         | There is considerable opposition in Germany against these
         | things. It's true that some political circles keep pushing for
         | it, but there is also a strong constitutional and civil basis
         | against it. It's exceedingly unlikely to happen that "nobody is
         | looking". The biggest risk is the far right coming into power.
        
           | TylerLives wrote:
           | Are they pushing for it?
        
             | layer8 wrote:
             | No, they position themselves against it, because they have
             | a narrative similar to the (former) "deep state" narrative
             | in the US, but you can be assured that they will reverse
             | course as soon as they can afford it.
        
               | zaphar wrote:
               | I'm not familiar with the far right in Germany. Why
               | should we be assured that they will reverse course as
               | soon as they can afford it?
        
               | peterlk wrote:
               | Because, similar to the US, they have authoritarian
               | tendencies - strong nationalism and anti-immigration. How
               | are you going to round up the bad people if you don't
               | have surveillance everywhere?
        
               | zaphar wrote:
               | I am unclear on how strong nationalism is an
               | authoritarian signal. Can you go into more detail there?
        
               | shakna wrote:
               | Because it makes it easier to create scapegoats, and
               | excuses for why restrictions must be created.
               | 
               | Blame the Jews, the immigrants, the trans, and then
               | people will grudgingly accept the Gestapo, ICE,
               | prosecution without proof or courts.
               | 
               | Which then allows you to target the opposition without
               | proof.
        
               | croes wrote:
               | Because it's a fake nationalism where they decide who and
               | what is considered part of the nation and who and what
               | not.
        
               | glenstein wrote:
               | Well the Axis powers from World War II are the most
               | obvious demonstrations of nationalism begetting
               | authoritarianism. Germany, Italy, and Japan were
               | nationalist in the extreme. And Italy from that time is
               | such a clear example that it's basically the canonical
               | example used to teach how fascism emerges.
               | 
               | Contemporary examples include the Philippines, Hungary,
               | Poland's Law and Justice Party, and arguably Russia,
               | Turkey and India. Modi is a Hindu nationalist. The United
               | States unfortunately is shaping up to count as an example
               | as well.
               | 
               | Extreme forms of nationalism tend to have a narrative of
               | grievance, a desire to restore a once a great national
               | identity, and a tendency to divide the world into loyal
               | citizens, and enemies without and within, against whom
               | authoritarians powers must be mobilized.
               | 
               | So there's a conceptual basis, in terms of setting the
               | stage for rationalizing authoritarianism, as well as
               | abundant historical examples demonstrating the marriage
               | of nationalism and authoritarianism in action. There's
               | nothing wrong with not knowing, but I would say there's
               | an extremely strong and familiar historical canon to
               | those who study the topic.
        
               | mattlutze wrote:
               | Here is an interesting review of how the two are
               | historically strongly correlated[1].
               | 
               | Their conclusion is that "[...] ethnic and elitist forms
               | of nationalism, which combine to forge exclusive
               | nationalism, help to perpetuate autocratic regimes by
               | continually legitimating minority exclusions [...]"
               | 
               | Right-wing nationalism as we're currently experiencing it
               | is exclusive. It broadly advocates for restoring revised
               | historical cultural narratives of a particular ethnic
               | group, for immigration restriction and immigrant removal,
               | for further minority culture erasure, and so on.
               | 
               | 1: https://ora.ox.ac.uk/objects/uuid:859c6af4-d4fd-461e-b
               | 605-42...
        
               | layer8 wrote:
               | In simple terms, because the far right is about
               | authoritarianism and control, not about civil liberties.
        
               | zaphar wrote:
               | Interesting. So they have a history of attempting to
               | legislate authoritarian rules that restrict civil
               | liberties for citizens?
        
               | natebc wrote:
               | In Germany? Yes. Yes, they do.
        
               | croes wrote:
               | The tried to prohibit inclusive language
        
               | layer8 wrote:
               | Yes, for example:
               | 
               | https://www.bundestag.de/dokumente/textarchiv/2021/kw02-d
               | e-p...
               | 
               | https://www.bundestag.de/webarchiv/textarchiv/2018/kw08-d
               | e-v...
               | 
               | https://dserver.bundestag.de/btd/19/304/1930412.pdf
               | 
               | https://dserver.bundestag.de/btd/19/111/1911127.pdf
        
               | FirmwareBurner wrote:
               | The first one is bad indeed, but what's so
               | "authoritarian" about the rest?
               | 
               |  _>https://www.bundestag.de/webarchiv/textarchiv/2018/kw0
               | 8-de-v..._
               | 
               | Other European countries like Switzerland, also banned
               | full face veils(burqas) in public. Try entering a bank,
               | city hall, school, etc with a balaclava, ski mask or
               | motorcycle helmet see how that goes.
               | 
               |  _>https://dserver.bundestag.de/btd/19/304/1930412.pdf_
               | 
               | Allowing the surveillance of minors if they show signs of
               | radicalization? This to me makes sense under existing
               | child protection laws. If kids are being raised in
               | environments that are harmful to themselves and society,
               | should we just sit by and let them get permanently
               | wrecked till they reach adulthood, over a technicality?
               | The earlier you can catch the issues the better for
               | everyone and the higher the chance you can rescue the
               | child. Existing child protection laws in Germany already
               | allow the state a lot of power to take children away from
               | parents if they're seen as unfit.
               | 
               |  _>https://dserver.bundestag.de/btd/19/111/1911127.pdf_
               | 
               | Taking citizenship away from those who voluntarily join
               | terrorist organizations like ISIS? 100% agree with this,
               | how could you not?
               | 
               | These are common sense viewpoints a lot of Europeans
               | agree with, not authoritarian ones.
        
               | tvier wrote:
               | Controlling how people dress sounds pretty authoritarian
               | to me. The fact that it's currently not acceptable to
               | enter a bank with a covered face would indicate a law
               | banning it in all public locations is not needed.
               | 
               | Taking rights away from people labelled as terrorists is
               | a pretty standard way for governments to control
               | viewpoints. It gives them the power to add any group they
               | don't like to a list, and deport/imprison them with
               | minimal judicial process.
               | 
               | I don't know enough about surveillance of minors to
               | comment on that one.
        
               | irusensei wrote:
               | Ring wing conservatives avidly throw our freedoms under
               | the bus when convenient. Their electoral base is also
               | very susceptible to thinkofyoungsebastian narratives.
               | 
               | Extreme collectivism affects both extreme, that is the
               | concept that people are nothing but sacrificial lambs for
               | the religion, the country, or the revolution.
        
               | AnthonyMouse wrote:
               | > No, they position themselves against it, because they
               | have a narrative similar to the (former) "deep state"
               | narrative in the US, but you can be assured that they
               | will reverse course as soon as they can afford it.
               | 
               | We seem to have a general problem with people not
               | understanding that democracies have regular elections and
               | the other party is going to get back in at some point. So
               | then whenever one party is in power, instead of thinking
               | ahead by five minutes and realizing that adding new
               | constraints on the government and adding rather than
               | eroding checks and balances will help you the next time
               | the other team gets in, everybody thinks of them as an
               | impediment to doing whatever they want immediately.
               | 
               | And then like clockwork they get butthurt when they
               | checks they eroded or failed to put into place aren't
               | there after the next election, as if they had nothing to
               | do with it.
        
           | hackandthink wrote:
           | There is a lot of censorship in Germany. People do not care.
           | 
           | https://en.wikipedia.org/wiki/Censorship_in_Germany
           | 
           | https://www.lto.de/recht/hintergruende/h/russia-today-
           | verbot...
        
             | TheCraiggers wrote:
             | Censorship != forced breaking of E2EE. People can care
             | differently about different things.
        
             | uniqueuid wrote:
             | Nitpick:
             | 
             | 1. Censorship in German constitutional law is only defined
             | as the state pre-screening before publication. That's a
             | very narrow area and rarely applies. Most people from an US
             | legal tradition will consider censorship to include other
             | things such as mandating removal of certain content after
             | the fact, but that's different legal branches with
             | different mechanisms (i.e. libel).
             | 
             | 2. What Schulz is talking about in the second link
             | definitely _is_ state censorship (blocking a TV station),
             | but it 's not implemented by Germany but on the EU level.
             | (Germany is still involved - complicated matter).
             | 
             | Finally we should appreciate that the US government's
             | opinion on censorship seems to have pivoted quite a lot, so
             | I would expect free speech maximalism to not remain a very
             | popular position on the government level (even though many
             | people may still support it, either naively or with robust
             | arguments).
        
             | constantcrying wrote:
             | This might sound insane to every American, but German law
             | _especially protects_ politicians from insults, slander and
             | libel. (See https://www.gesetze-im-
             | internet.de/stgb/__188.html for the actual law)
             | 
             | Yes, you read that right. German law is especially
             | protective of politicians, which is why politicians are
             | very active suing random supporters of their opponents,
             | because that is an effective way to police speech, open
             | specifically to politicians.
             | 
             | I do think a lot of people care, but censorship in Germany
             | does a lot to protect the people who could change the law.
             | That law obviously needs to be abolished, politicians are
             | uniquely _unworthy_ of protection when it comes to speech.
        
               | uniqueuid wrote:
               | If you look at the concrete laws, they are less
               | spectacular.
               | 
               | For example, the concept of privacy protecting against
               | media coverage is actually weaker for politicians (when
               | in official duty) than for ordinary citizens (Allgemeines
               | Personlichkeitsrecht).
               | 
               | And libel only applies to statements of facts. I.e. you
               | can't (easily) be prosecuted for opinions, just for
               | making harmful false claims.
        
               | dgfitz wrote:
               | "This person is corrupt!"
               | 
               | Is that an opinion or a harmful false claim?
        
               | IlikeKitties wrote:
               | Depends, when talking about Jens Spahn it's a Statement
               | of fact.
        
               | IngoBlechschmid wrote:
               | A good friend of mine was recently sentenced to prison
               | for publicly using this kind of phrase during a protest
               | for climate justice. When Germany's equivalent of the
               | Supreme Court, the Bundesverfassungsgericht, learned of
               | this case, the court immediately ordered their release
               | and declared the original verdict void: According to the
               | Bundesverfassungsgericht, (in the specific situation at
               | hand) this phrase is more a value judgment and less a
               | factual claim.
               | 
               | Together with a fellow activist, who also served as
               | informal legal counsel, they gave a talk on this case at
               | the 38th Chaos Communication Congress:
               | https://www.youtube.com/watch?v=r5RmTOGucZo
        
               | constantcrying wrote:
               | >If you look at the concrete laws, they are less
               | spectacular.
               | 
               | And if you look at how these laws are used by politicians
               | they look quite spectacular.
               | 
               | >And libel only applies to statements of facts. I.e. you
               | can't (easily) be prosecuted for opinions, just for
               | making harmful false claims.
               | 
               | The Wikipedia article and how the law was applied article
               | disagrees.
               | 
               | Do not forget that this applies to insults. E.g. calling
               | a politician "dumb" is enough to get sued. These laws
               | create a way for politicians specifically to prosecute
               | people criticizing them. This isn't a hypothetical, it is
               | how the law is actually used.
        
               | 1718627440 wrote:
               | Yes and insults can be factual or not.
        
               | Barrin92 wrote:
               | >Yes, you read that right. German law is especially
               | protective of politicians,
               | 
               | As Lee Kuan Yew pointed out, the idea that you should be
               | able to slander anyone in power is a nice underdog
               | philosophy (particularly popular in the US, where the
               | underdog is always right) but what it gets you is a post-
               | truth environment in which reputation means nothing.
               | 
               | And as a German what a lot of people don't get, we're
               | very much an honour based society, not an English or
               | French liberal society. People in power aren't suspicious
               | just because they have power, the crank is not correct
               | just because he's the little guy. I think Lee Kuan Yew
               | was largely correct if one looks at Anglosphere media and
               | politics, where truth and reputation have entirely been
               | replaced by conspiracy and tantrums. Far from the wisdom
               | of the crowds being some truth finding mechanism you just
               | enable the most charismatic nutjob.
        
         | sunaookami wrote:
         | Never trust the CDU. They were the ones pushing for the illegal
         | data retention (Vorratsdatenspeicherung) and von der Leyen from
         | the CDU is big on censorship and mass surveillance. They are
         | just against it now because the country has bigger problems and
         | the CDU has the worst approval ratings in history.
        
           | IlikeKitties wrote:
           | > Never trust the CDU. > Never trust the SPD.
           | 
           | I'm borderline not joking that there should be warning labels
           | like those on cigarettes on the ballot when voting.
        
             | vladms wrote:
             | At voting is a bit late probably. You don't just trust
             | leaders, you watch, you criticize, you communicate and
             | sometimes you act. Political or otherwise as a matter of
             | fact
        
         | thewebguyd wrote:
         | > I would not be surprised if the mass-sniffing comes in a few
         | months when nobody is looking.
         | 
         | That's the problem with these proposed laws.
         | 
         | We (privacy advocates) have to constantly fight and win over
         | and over again. The nations that want this mass spying only
         | have to win once.
         | 
         | We need a way to permanently stop these proposals once defeated
         | the first time so that they cannot just continue to try over
         | and over again until it passes.
        
           | echelon wrote:
           | > We (privacy advocates) have to constantly fight and win
           | over and over again.
           | 
           | We do have a way to reinforce our position, though!
           | 
           | We can design and consume technology that makes this hard.
           | 
           | We can stop working for companies that build centralized
           | platforms for messaging.
           | 
           | We can teach our neighbors how important rights to privacy
           | and speech are in language that they understand.
           | 
           | There can be enough friction that this becomes harder for
           | politicians. Remember the Reddit Sopa and Pipa protests? -
           | that was pretty epic! I don't think Reddit will help us in
           | its current state, but we can absolutely mount those defenses
           | on Wikipedia, Mastodon, Bluesky, and others.
           | 
           | And we should continue to move off of platforms that don't
           | align with our freedoms. And build our platforms in a way
           | that encourages "normies" to join.
        
             | tdrz wrote:
             | Yes to all of the above! I just want to whine a bit that
             | every time I try to educate anybody about this, I am
             | promised a tin foil hat in return (even from Software
             | Engineers!).
        
               | scrps wrote:
               | The tinfoil hat treatment is due to the fact that these
               | days everything that fits the mould of a conspiracy
               | theory is dismissed simply for fitting the mould of a
               | conspiracy theory. In the same time as this cultural
               | headspace was being cultivated in the US:
               | 
               | A billionaire pedophile ran a covert sex ring with a
               | suspected who's who of a client list who was almost
               | barely prosecuted for "reasons(tm)"
               | 
               | Social media companies caught red-handed psychologically
               | manipulating users for various ends
               | 
               | Damn near everyone helping to destroy actual free speech
               | and privacy willingly because they've been talked into it
               | (ironic)
               | 
               | Governments that engage in mass surveillance so egregious
               | if you had tried it 40 years ago there would have been an
               | uprising. Aided by the tech community I might add.
               | 
               | Industries that abuse data and algorithms to manipulate
               | pricing or commit outright fraud.
               | 
               | A pharma corp addicting countless americans to opioids
               | with almost no real consequence, killing hundreds of
               | thousands and ruining millions of families.
               | 
               | Several industries have poisoned the planet and its
               | inhabitants in various long term ways for profit.
               | 
               | And yet if you suggest something is a conspiracy it is
               | dismissed as the ravings of a lunatic. Speaking of
               | conspiracies that doesn't sound like an accident... The
               | trick to conspiracy theories is critical thinking and not
               | uncritical dismissal.
               | 
               | If I have any words of consolation: when the "conspiracy
               | theory" turns out to be more practice than theory you get
               | to say I told you so.
               | 
               | Edit: typo
        
             | pessimizer wrote:
             | This is just lifestylist nonsense to make yourself feel
             | better than everyone else. If you design technology to make
             | this hard, they will hit you with a stick, and find
             | everyone who uses your technology and hit them with a
             | stick. If you still do it, they will hit you all with the
             | sticks until you are dead, and also hit your family and
             | friends with sticks. If you don't work for them, they'll
             | find a bro who will. Teaching your neighbors just makes
             | them another potential victim, and they will report you or
             | curse you as they die with you. Moving off platforms when
             | there are no alternatives just means you won't be able to
             | bank, or file your taxes. And if you fail to file your
             | taxes, they will hit you with a stick.
             | 
             | The cage is real, it's not a state of mind. It's not
             | something that can be recycled out of. You'll know when
             | you're really doing something when you can give people a
             | time and a place to show up; when that showing up isn't to
             | stand in the street and socialize with each other, burn
             | down a Starbucks, or spit in the face of a cop who makes
             | less than you do; and when most of you end up dead or in
             | prison.
             | 
             | I always reply like this, but some people think everybody
             | else in the world is so weak and naive, when they
             | themselves aren't doing anything important and have not
             | taken a fraction of the risks or suffered a fraction of the
             | loss of the people they're asking to _speak up._ Speaking
             | against power is an impotent magic spell. You can recognize
             | journalists who speak against real power by their deaths.
             | 
             | Everybody is just aping the US black civil rights struggle,
             | where watching the violence done in their name to nicely
             | dressed, well-behaved people filled enough people with
             | disgust that politicians wouldn't get a boost from
             | continuing to support it. That was how a small minority
             | population faced with irrational restrictions in a media-
             | saturated society was able to barely overcome explicitly
             | unfair laws (and go no further, we're still the underclass,
             | we're still dying.)
             | 
             | The history of _effective, revolutionary_ , positive
             | protest by what are often _majorities_ involved people
             | getting out into the streets as a show of _strength_ , not
             | a show of _weakness._ It always involves converting and
             | including portions of the army and the police forces. It
             | involves building strong shadow governments. Not this
             | pantomime where everybody pretends to be black, and the
             | people who are the blackest, weakest, most undeserving of
             | their treatment win because mommy parliament or daddy
             | supreme court are moved enough to declare them the winner.
        
           | kmoser wrote:
           | Permanently stopping those proposals wouldn't necessarily
           | eliminate illegal, back-door mass government surveillance,
           | nor would it eliminate private sector mass surveillance
           | (think social media) which then gets accessed by the
           | government (whether legally or not).
           | 
           | Fighting corruption only works when enough people fight it at
           | enough levels, and continue to fight it. There is no getting
           | around the fact that the price of freedom is eternal
           | vigilance.
        
         | peatmoss wrote:
         | I can't remember where I read it, but I read that Signal's
         | popularity was high (highest?) in Germany. Assuming I'm not
         | misremembering or that the situation hasn't changed, it seems
         | that Germans care enough about the issue to stake out a
         | position.
        
         | kwanbix wrote:
         | They probably missed a fax
        
       | fkyoureadthedoc wrote:
       | the internet is already dying and social media largely sucks. the
       | whole ass thing is going to be 100% ai driven ads, scams,
       | astroturfing, propaganda, trolls and other fuckery sooner rather
       | than later. just let chat control kill it, fuck it. accelerate to
       | a cyberpunk future of local mesh networks.
        
         | lxgr wrote:
         | What makes you think local mesh networks would remain legal?
        
           | JohnLocke4 wrote:
           | It won't but luckily no government is powerful enough to
           | govern math and therefore cryptography. Mathematics is more
           | of a liberator than the second amendment in this respect.
           | 
           | Physical hardware can be controlled, yes. Decentralization
           | and obfuscation similar to TOR is probably needed here.
        
             | IG_Semmelweiss wrote:
             | Cryptography is privacy. Privacy can taken away by law.
             | 
             | It is the same as free speech. You can say what you want,
             | but you can go to jail for saying the wrong thing in many
             | countries.
        
             | lxgr wrote:
             | Ah yes, fortunately governments have never in history
             | successfully declared certain large integers illegal and
             | prosecuted people for sharing them.
             | 
             | Shooting someone is also "just physics", yet many
             | governments have been known to frown upon it (depending on
             | the context).
        
               | dylan604 wrote:
               | You'll be okay as long as you print them on a t-shirt
        
               | lxgr wrote:
               | Yep, good thing nobody has ever been jailed for wearing a
               | t-shirt with the wrong slogan.
        
               | dylan604 wrote:
               | you missed the reference. as a history lesson, the deCSS
               | code was written on a t-shirt and was deemed acceptable.
               | having the deCSS compiled as an executable was deemed not
               | acceptable.
        
               | lxgr wrote:
               | I got the reference. Seems like it worked out quite
               | nicely for the government/court though, given that deCSS
               | isn't much use printed on a t-shirt, compared to in a
               | binary on a computer?
        
               | dylan604 wrote:
               | you can't share the compiled binary, but you can share a
               | shirt. if you have the shirt, you can compile on your
               | own. the t-shirt became the sharing network
        
               | lxgr wrote:
               | That's the thing about speech: It's very hard for
               | governments to physically prevent it, but attaching
               | consequences to making use of that capability usually
               | works just as well.
        
               | lucianbr wrote:
               | Even a blank sheet of paper I think was enough to get
               | someone in jail.
        
               | JohnLocke4 wrote:
               | It is true:
               | https://en.wikipedia.org/wiki/Blank_paper_protest
               | 
               | More than anything, this is a good lesson in information
               | theory. A blank sheet of paper isn't devoid of
               | information just because it doesn't contain ink - rather,
               | it is the context of the current situation that defines
               | the information being conveyed. This is true in all forms
               | of communication.
               | 
               | This reminds me of a story I read once about when Victor
               | Hugo had just published _Les Miserables_. Just after
               | publication, he went to his vacation home due to the
               | controversy he was sure was going to follow the
               | publication of the book. Wanting to know how the
               | reception was going, he mailed his publisher a letter
               | simply containing a question mark. The publisher
               | responded with only an exclamation mark, and Hugo
               | immediately understood - he had written an eternal
               | classic.
               | 
               | (BTW, I read this in the book _The User Illusion_ - a
               | fantastic read)
        
             | dylan604 wrote:
             | If running a mesh network is illegal, does it matter that
             | the traffic is just math? Without a network, there's no
             | data transmission of that math. The government controls the
             | airwaves. It doesn't matter if you're broadcasting Top40 or
             | encrypted messages, if they say no to your transmitting,
             | you're going nowhere.
        
               | fkyoureadthedoc wrote:
               | > if they say no to your transmitting, you're going
               | nowhere.
               | 
               | > if they say no to your forgetting to scan the case of
               | water on the bottom of your cart, you're going nowhere.
               | 
               | > if they say no to your hacked cable box, you're going
               | nowhere.
               | 
               | > if they say no to your speeding, you're going nowhere.
               | 
               | > if they say no to your weed, you're going nowhere.
               | 
               | > if they say no to your growing a mushroom and mailing
               | it to your friend, you're going nowhere.
               | 
               | There's a whole spectrum of how illegal something is to
               | consider. People break the law every day for a range of
               | reasons from accident, to ignorance, to convenience, to
               | want, to need, etc.
        
               | tavavex wrote:
               | In the hypothetical world that you've set out, where
               | surveillance is so extreme and overreaching as to help
               | finish off the _entirety of the internet_ for good, there
               | 's no way it would stop at the internet. The goal isn't
               | controlling this set of standards and protocols that
               | defines just the internet, the goal is controlling
               | communication and the internet is the #1 way of
               | communicating between people at the moment.
               | 
               | If people all started talking through letter mail, you'd
               | get Letter Control, they wouldn't just forget about it
               | because it's not the internet. If the people somehow
               | become smart and coordinated enough to move to some
               | cryptographically-secure method of communication, your
               | government will probably outlaw the equipment and actions
               | associated with using it in the first place instead of
               | trying to decrypt all communications.
               | 
               | The goal is control of information, and the way of doing
               | that is to force everyone to use unsecured communication
               | with no feasible alternatives. I wouldn't expect kid
               | glove treatment with that, unlike speeding or minor
               | shoplifting.
        
               | dylan604 wrote:
               | running an actively transmitting network is an easy thing
               | for _them_ to come and shut down. you doing any of the
               | other things can easily be done without _them_ knowing
               | about it. you can be flippant about it all you want, but
               | you don 't look intelligent by doing so
        
             | NoImmatureAdHom wrote:
             | ?Por que no los dos?
        
         | jjangkke wrote:
         | you mean like Bluesky?
        
       | dubbel wrote:
       | Had to double check the original account because I was worried
       | about falling for an AI-generated video (account is legit). Weird
       | times.
       | 
       | Article in German: https://netzpolitik.org/2025/eu-
       | ueberwachungsplaene-unionsfr...
        
       | John23832 wrote:
       | Well that kills it.
        
       | ho_schi wrote:
       | The CDU/CSU is doing something good. That didn't happened for a
       | long time? I appreciate it.
       | 
       | Ausgerechnet Spahn. Manchmal glaubt man seinen Augen und Ohren
       | nicht. Wir mussen Wachsam bleiben. Mit dem Argument das es bose
       | Menschen gibt, wurde schon viel boses getan. Massenuberwachung
       | zerstort jede Gesellschaft. Deutschland hat mehrfach darunter
       | gelitten. Und die Versuche Massenuberwachung einzufuhren
       | wiederholen sich.
        
         | petre wrote:
         | Maybe they've learned something from history and they're not
         | doing the AfD a service before they grab onto more power?
         | 
         | Or maybe this course of action is just more convenient at this
         | time?
         | 
         | Probably the latter.
        
           | JumpCrisscross wrote:
           | > _Maybe they 've learned something from history and they're
           | not doing the AfD a service before they grab onto more
           | power?_
           | 
           | The lesson from history is to keep the autocrats from
           | grabbing power. Trying to contrain them with laws _ex ante_
           | hasn 't worked since like Cicero. I'm not sure Berlin
           | opposing Chat Control fits into their domestic anti-
           | authoritarian arc.
        
             | xethos wrote:
             | > Trying to contrain them with laws ex ante hasn't worked
             | since like Cicero
             | 
             | This isn't so much about making Chat Control illegal
             | (thereby containing or limiting future authoritarians) as
             | it is not setting up the infrastructure for them to wield
             | as soon as they win an election.
             | 
             | I'd argue the current stance of being opposed to Chat
             | Control is more like "Don't collect religious affiliation
             | on the census" - meaning we can both agree with your
             | comment I partially quoted, while also recognizing that
             | Berlin's public oppostion can be meaningful.
        
               | JumpCrisscross wrote:
               | > _not setting up the infrastructure for them to wield as
               | soon as they win an election_
               | 
               | Fair enough, you're right. If they're incompetent
               | authoritarians (or just non-authoritarian right-wingers),
               | this could mitigate the damage.
        
         | DataDaoDe wrote:
         | ja, aber Wachsamkeit ist Pflicht. Wer Freiheit fur Sicherheit
         | aufgibt, verliert am Ende beides - das haben wir mehrfach
         | erlebt.
        
         | varispeed wrote:
         | The reaction is very weak, though. Chat Control is an act of
         | terrorism and it should have triggered criminal investigation
         | why this has gone this far.
         | 
         | Before you downvote:
         | 
         | If terrorism is defined as using violence or threats to
         | intimidate a population for political or ideological ends, then
         | "Chat Control" qualifies in substance. Violence doesn't have to
         | leave blood. Psychological and coercive violence is recognised
         | in domestic law (see coercive control offences) and by the WHO.
         | It causes measurable harm to bodies and minds.
         | 
         | The aim is intimidation. The whole purpose is to make people
         | too scared to speak freely. That is intimidation of a
         | population, by design.
         | 
         | It is ideological. The ideology is mass control - keeping
         | people compliant by stripping them of private spaces to think,
         | talk, and dissent.
         | 
         | The only reason it's not "terrorism" on paper is because states
         | write definitions that exempt themselves. But in plain terms,
         | the act is indistinguishable in effect from terrorism:
         | deliberate fear, coercion, and the destruction of free will.
         | 
         | You can argue legality if you like, but the substance matches
         | the textbook definition.
         | 
         | These people should be arrested.
        
         | miohtama wrote:
         | Also, even AfD agrees with them on this.
        
       | codethief wrote:
       | Netzpolitik.org says it's not decided yet:
       | https://netzpolitik.org/2025/eu-ueberwachungsplaene-unionsfr...
       | 
       | Jens Spahn, the speaker in the video OP shared, is _not_ a member
       | of the government but a leading member of the parliament and of
       | one of the ruling parties. A tiny but important difference.
        
       | mattlutze wrote:
       | I am so happy to see this.
       | 
       | The German social perspective on privacy has been strongly for
       | the individual over the state for a long time. Chat Control goes
       | too far, and Germany should be a loud voice in the heavy
       | moderation of state surveillance powers.
        
       | voldacar wrote:
       | The EU tries something like this every few years. If you don't
       | want this to happen, you have to win every time, while they only
       | have to win once.
       | 
       | It's an unsustainable situation.
        
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