[HN Gopher] The disguised return of EU Chat Control
       ___________________________________________________________________
        
       The disguised return of EU Chat Control
        
       https://www.patrick-breyer.de/en/chat-control-2-0-through-th...
        
       Author : egorfine
       Score  : 798 points
       Date   : 2025-11-14 17:54 UTC (1 days ago)
        
 (HTM) web link (reclaimthenet.org)
 (TXT) w3m dump (reclaimthenet.org)
        
       | randomtoast wrote:
       | The problem is that they can repeat this game indefinitely, Chat
       | Control 2.0, 2.1, 3.0, 231.24, ... Just slightly modify the
       | initial Chat Control proposal, make it sound less harsh, and then
       | resubmit it until they achieve a sufficient majority in the EU
       | Parliament, while the general public gets too tired of the topic
       | to create sufficient resistance.
        
         | txrx0000 wrote:
         | This might keep happening if nobody knows who "they" are. Those
         | individuals need to be found and publically shamed.
        
           | squarefoot wrote:
           | fightchatcontrol.eu published the complete list of all
           | countries stance on Chat Control and all representatives.
           | They can be contacted via mail directly from the site.
        
             | txrx0000 wrote:
             | Thanks for the link. While it will help to pressure
             | undecided representatives and see who not to vote for in
             | the future, the root cause of the problem remains
             | unaddressed. Why do these proposals exist? Who/what is
             | motivating them? It seems like nefarious actors are
             | coordinating in secret, and they need to be exposed.
             | 
             | We should also try to minimize the number of useful idiots
             | who are genuinely concerned about children's safety. There
             | are two excuses being used to push these surveillance laws:
             | CSAM scanning and content moderation for children. These
             | are bad excuses and we need to call them out as such in
             | every conversation.
             | 
             | CSAM scanning ignores the actual problem, which is the
             | process by which CSAM is created. The root problem is the
             | trafficking of children in physical space, not the tools
             | used to transmit and store child porn, which are general
             | purpose tools used to transmit and store anything. Our
             | efforts and resources, as a matter of priority, should be
             | spent on preventing children from being trafficked in the
             | first place.
             | 
             | The under-16 social media ban ignores the actual problem of
             | parental responsibility. We could implement configurable IP
             | filters on the device itself at the OS level, with the
             | setting being protected by a password parents can set, and
             | this could be done completely offline. It would be way
             | easier to implement and will work better than any of these
             | remote solutions. And as a matter of principle: it is the
             | responsibility of parents to decide how to raise their own
             | children.
        
               | squarefoot wrote:
               | The purpose has never been to protect children; it's just
               | a convenient motivation against which nobody would dare
               | to object, just like mandating age restriction for porn
               | sites is nothing more than an excuse to pushing further
               | for elimination of anonymity, which started with porn
               | sites exactly because nobody would dare exposing
               | themselves for objecting to it. As I already wrote
               | elsewhere, this happens while thousands of children are
               | murdered in various wars, to their complete silence
               | because going anywhere beyond the usual empty public
               | condemnation followed by nothing would put them against
               | very powerful foreign governments.
        
         | demarq wrote:
         | That the EU has these "closed door" processes doesn't sound
         | very democratic.
         | 
         | The frequency, aggression and coordination around chat control,
         | both in the Uk and Eu tells me there is a single entity.
         | 
         | It's not just by chance
        
           | archerx wrote:
           | The "you voted wrong and will make you keep voting until you
           | get it right" type of "democracy".
        
             | moogly wrote:
             | "Not right now", "Remind me later"
        
       | BoredPositron wrote:
       | Writing about yourself in third person like this is really odd.
        
         | sixhobbits wrote:
         | The site is in his name but it has a lot of content - I don't
         | think he writes it all. The stuff I've seen from him directly
         | is mainly in German so I think often people on his team write
         | e.g. English summaries and quote what he said as a translation
        
       | thw_9a83c wrote:
       | Apparently it didn't work last time, so why not try again with a
       | more vague language, an expanded scope and even slapping the age
       | verification on top of it? And all of this while still preserving
       | our privacy.
       | 
       | This time, we should feel 100% completely reassured (from the
       | proposal):                  Regulation whilst still allowing for
       | end-to-end encryption, nothing in this        Regulation should
       | be interpreted as prohibiting, weakening or circumventing,
       | requiring to disable, or making end-to-end encryption impossible.
        
         | doublerabbit wrote:
         | This.. seriously
         | 
         | "Digital House Arrest": Teens under 16 face a blanket ban from
         | WhatsApp, Instagram, online games, and countless other apps
         | with chat functions, allegedly to protect them from grooming.
         | 
         | For which I agree.
         | 
         | "Digital isolation instead of education, protection by
         | exclusion instead of empowerment - this is paternalistic, out
         | of touch with reality, and pedagogical nonsense."
        
           | johnisgood wrote:
           | I completely disagree.
           | 
           | I would not know English or anything about computers, and my
           | childhood would have been quite sad were there such a
           | retarded ban[1]. I do not care about WhatsApp and Instagram,
           | but online games and apps with chat functions? Come on now.
           | "Allegedly" is the keyword.
           | 
           | At any rate, see Roblox and Discord. Do something with those
           | platforms first. :)
           | 
           | [1] I was around 12 years old when I met an older guy IRL who
           | I have met in an online game initially. Can you imagine the
           | safety? :D He showed me his laptop on which he had a Linux
           | distro installed, and the rest is history.
        
       | eldgfipo wrote:
       | So many attempts over the years to infringe upon citizens privacy
       | and civil liberties, I don't know about the rest of EU population
       | but I'm done with it.
       | 
       | Might as well let it go pure evil so when the time comes, the
       | people will be less hesitant to get rid of the whole EU
       | bureaucracy and the armies of corporate lobbyists altogether
        
         | r14c wrote:
         | I'm curious about this mindset. Wouldn't it be easier to reform
         | your system before it has gone "pure evil"? Or do you expect
         | nobody cares enough to do that without the threat of impending
         | doom to motivate them?
        
           | kennykartman wrote:
           | I believe people will typically not stand for their rights
           | (even less so for other's rights) unless they are
           | significantly bothered or led to think the situation is dire.
           | This is not great, but it is also natural for the human
           | condition: unless one is well-informed and especially
           | conscious about the issues that come with reduction of
           | rights, they will not even realize what is happening until it
           | is happening.
        
       | Kim_Bruning wrote:
       | I poked my Europarliamentarians. But it's -like- already almost
       | 15:00 on the european mainland, so I'm not sure how much it still
       | helps.
        
         | kennykartman wrote:
         | Same here. I got no answer. Ahhhh, no: I got one! An automated
         | answer from a deputy on vacation.
        
       | dfawcus wrote:
       | These things are rather pointless, as one could always use a
       | standalone encryption app, and copy&paste text to and from a non
       | encrypted chat app. i.e. how one originally made use of PGP.
       | 
       | The difficulty which PGP had of key exchange could be handled
       | somewhat like Signal does now, via a personal physical sync of
       | the phones.
       | 
       | At which point, the authorities will still be able to make use of
       | "traffic analysis" as they always have. So they'll be able to
       | tell which parties are communicating, but not what is being said.
        
       | dfawcus wrote:
       | I find it sadly amusing that the proposed "compromise text"
       | document is marked as "(Text with EEA relevance)" - i.e. they
       | want to push it on the EEA states.
        
       | nik_ca wrote:
       | Do you know where there is no chat control possible? XMPP /
       | Jabber [1]. Private, convenient, reliable, distributed, free.
       | 
       | [1] https://xmpp.org/
        
         | whynotmakealt wrote:
         | Isn't the same true for matrix as well?
         | 
         | I appreciate xmpp as well but I have actually seen uses of
         | matrix in open source community etc. a lot more so what are
         | your thoughts on it?
         | 
         | Note for anyone interested in matrix, to not use the main
         | matrix.org but other instances as well to actually have more
         | decentralization/distribution
        
           | nik_ca wrote:
           | Yes, you're right, matrix too. However, I've tried ruining
           | servers for both, synapse for matrix and prosody for xmpp and
           | I should say matrix felt very sluggish and limited, while
           | prosody is fast and insanely flexible. In addition, client
           | software for XMPP is more diverse and feature-rich, I'm
           | particularly impressed by movim (web) and conversations
           | (android). Also, there are variety of bridges for everything,
           | e.g. matrix <-> whatsapp or xmpp <-> telegram, so one is not
           | limited too much while committing to a certain messaging
           | tech.
        
         | mrsssnake wrote:
         | Unless you are going to self-host, you would be required to
         | provide government ID for registration on a server.
        
       | Caius-Cosades wrote:
       | It's a foregone conclusion that it will pass. There is no such
       | thing as saying "no" to EU power encroachment.
        
       | kaboomshebang wrote:
       | This makes me feel pissed off. I used to be Pro EU, now I'm not
       | so sure. (Suddenly I understand Trump voters.)
        
         | mrighele wrote:
         | Same here. If this pass, I may start voting for Anti-EU
         | parties, regardless for my disgust for them. This is too much
         | of an important issue.
        
       | Itoldmyselfso wrote:
       | The eu skeptic partiers, unfortunately, seem to be on quite solid
       | footing on claims of EU bypassing democracy in their decision
       | making. How can the same bill effectively be struck down so many
       | times and then get passed through the back door?!
        
       | nowaymo6237 wrote:
       | Privacy needs codified! The illusion of safety is not worth it
       | for the fascist regime who turn keys it into a panopticon.
        
       | PeterStuer wrote:
       | Eternal vigilance is needed to stop this. Good luck! It will take
       | just one (manufactured) crisis.
        
         | ryandrake wrote:
         | We have to win every time. They only have to win once and it's
         | game over.
        
           | ambicapter wrote:
           | Why can't we put up legislation to repeal over and over until
           | it is repealed?
        
             | PeterStuer wrote:
             | "Over and over" is the hint.
        
             | soulofmischief wrote:
             | Power/wealth asymmetries. The incumbent organizations are
             | powerful, have many resources and actively work to prevent
             | other organizations from achieving the same level if
             | competency.
        
             | dymk wrote:
             | Because legislation like this is a ratchet.
        
             | pembrook wrote:
             | The number of laws/rules added vs. removed in any given
             | year is like 100:1.
             | 
             | New rules lead to profitable business opportunities (and
             | future lobbies), incumbents get to entrench their positions
             | using the new rules, and people get stockholm syndrome and
             | just end up accepting the new normal.
             | 
             | Modern representative democracy is Parkinson's law at work.
             | Government is the purest form of bureaucracy and monopoly.
             | Thus, it finds ways to grow itself every year regardless of
             | what happens.
        
             | JumpCrisscross wrote:
             | > _Why can 't we put up legislation to repeal over and over
             | until it is repealed?_
             | 
             | We can. It's just easier to throw a wrench in a legislative
             | process than to start it. (By design.)
        
         | zelphirkalt wrote:
         | There is also an alternative, which is the way problems with
         | governments used to get solved in the past. Not that we should
         | aim for that to be necessary, but it often seems that our
         | politicians are hellbend on getting there quickly. I guess it's
         | all "to hell with the consequences!" for them.
        
         | latexr wrote:
         | That argument is so tiring. Yes, we know, we all understand
         | this, that's true of every draconian law proposal. What's the
         | point of repeating that over and over every time? If you want
         | to give up, do, but let others fight without needless
         | discouraging. If everyone thought like you, this would have
         | passed first time.
        
       | ChrisArchitect wrote:
       | Previously: https://news.ycombinator.com/item?id=45908672
        
       | api wrote:
       | They will keep trying until some version of it passes.
        
       | Humorist2290 wrote:
       | (6) Online child sexual abuse frequently involves the misuse of
       | information society services offered in the Union by providers
       | established in third countries. In order to ensure the
       | effectiveness of the rules laid down in this Regulation and a
       | level playing field within the internal market, those rules
       | should apply to all providers, irrespective of their place of
       | establishment or residence, that offer services in the Union, as
       | evidenced by a substantial connection to the Union.
       | 
       | The article links to the text of the revised proposal. It reads
       | like they're openly planning to push it again, and soon, and
       | worldwide. The UK and EU seem to be setting aside their
       | differences at least.
        
         | josteink wrote:
         | So they're asking American companies to repeal the first
         | amendment rights of American citizens on all websites
         | accessible in the EU.
         | 
         | How this not a declaration of war?
        
           | progval wrote:
           | Neither the EU nor American companies are Congress, so they
           | are not bound by the 1st amendment.
        
             | pksebben wrote:
             | Wait, Congress is bound by the first amendment?
             | 
             | Someone should tell Congress.
        
           | petcat wrote:
           | "First Amendment Rights" only applies to the State, not
           | private companies.
           | 
           | For example, Hacker News has no obligation to preserve your
           | "First Amendment Rights" on this website. They are free to
           | mute you, ban you, or even just surreptitiously change what
           | you say without you knowing.
        
             | josteink wrote:
             | That's just semantics.
             | 
             | If a website which otherwise wouldn't censor you begins to
             | censor you because of threats from foreign nations, that's
             | a foreign nation pressuring an American company into
             | suppressing rights of American citizens.
             | 
             | That's a foreign nation imposing on your rights. In the
             | past that used to require an invasion, so it was a bit more
             | obvious what was happening, but the result is still the
             | same.
             | 
             | Yes it's through a website, which is owned by a company,
             | which technically speaking owes you nothing.
             | 
             | In the digital age though, where are you going to use your
             | speech, if not on a website?
             | 
             | What you (and others) are doing is trying to reduce the
             | significance of a major transgression over a minor
             | technicality. Way to miss the forest for trees.
             | 
             | The EU can stuff it on this one. And I supported (still
             | support!) the GDPR.
        
               | petcat wrote:
               | Semantics are important when talking about matters of
               | law. Very important, in fact.
        
               | josteink wrote:
               | So you're just going to accept a digital invasion
               | happening and not care, because of some semantics and
               | details somewhere in a document which was penned 200
               | years prior to the internet being invented?
               | 
               | I don't know about you, but to me that seems kind of
               | naive and short sighted.
        
               | rstat1 wrote:
               | You can still care about forthcoming invasions of one's
               | privacy and while still understanding that the 1st
               | Amendment to the US Constitution is only intended to
               | prevent state and federal governments from censoring you.
               | Not corporations.
               | 
               | Semantics are very important when it comes to legal
               | matters.
        
               | macintux wrote:
               | You can object to the "digital invasion", but using the
               | phrase "freedom of speech" as some sort of magical shield
               | is pointless.
               | 
               | > Congress shall make no law respecting an establishment
               | of religion, or prohibiting the free exercise thereof; or
               | abridging the freedom of speech, or of the press; or the
               | right of the people peaceably to assemble, and to
               | petition the Government for a redress of grievances.
               | 
               | The U.S. federal or state governments, courtesy of that
               | amendment, have very limited authority to control your
               | speech. That's where the legal authority ends.
        
               | shkkmo wrote:
               | > That's where the legal authority ends.
               | 
               | So you see no problem with using jurisdiction washing
               | like Five Eyes to remove our rights?
               | 
               | If we don't tolerate a government we elect abridging our
               | freedom of speech, why would we accept a foreign
               | government doing that?
               | 
               | When foreign governments try to force conpanies to
               | abridge free speech by Americans on American soil, that
               | is an attack on something that we deem important enough
               | to have enshrined in our constitution.
        
               | ghurtado wrote:
               | > accept a digital invasion
               | 
               | It looks like the possibilities are endless once you
               | throw semantics out of the window, so I could see why
               | you're so fond of doing so.
        
               | ghurtado wrote:
               | Semantics are literally the only reason we write laws
               | down and argue endlessly about exactly which words to use
               | 
               | Outside of law, I have never once heard "that's just
               | semantics" in a context that made sense, or said by an
               | intelligent person. Not once. Maybe it turns out
               | semantics are never "just semantics", and instead it's
               | something that always matters.
        
               | saubeidl wrote:
               | It isn't your right to comment on somebody else's
               | website. Your argument makes no sense.
        
           | eptcyka wrote:
           | I was under the impression that the strong and independent
           | Americans had thicker skin than this.
        
             | sitzkrieg wrote:
             | luckily, this is a sample size of one (1)
        
           | latchup wrote:
           | I am going to assume your question is genuine and not
           | rethorical hyperbole.
           | 
           | Every sovereign nation has legal supremacy over its own
           | territory. Any company doing business in the EU, no matter
           | its origin, must follow EU laws _inside the EU_. However,
           | these laws do not apply anywhere else (unless specified by
           | some sort of treaty), so they are not forced to comply with
           | them in the US when dealing with US customers.
           | 
           | If they still abide by EU law elsewhere, that is their
           | choice, just like you can just choose to abide by Chinese law
           | in the US -- so long as it does not conflict with US law. If
           | these rules do conflict with the first amendment, enforcing
           | them in the US is simply not legal, and it's up to the
           | company to figure out how to resolve this. In the worst case,
           | they will have to give up business in the EU, or in this
           | case, prohibit chat between US and EU customers, segregating
           | their platform.
        
             | SunshineTheCat wrote:
             | I mean this (mostly) as a joke, however, I kinda wish US
             | businesses would just firewall off the EU at this point
             | (yes, I know this would mean losing some
             | customers/marketshare and thus would never happen).
             | 
             | But the near daily proposals getting tossed out in their
             | desperate attempt to turn their countries into daycare
             | centers is just annoying to people trying to build things
             | for other adults.
        
               | disgruntledphd2 wrote:
               | > I kinda wish US businesses would just firewall off the
               | EU at this point (yes, I know this would mean losing some
               | customers/marketshare and thus would never happen).
               | 
               | This would involve them taking about a 30% hit to revenue
               | (or more, depending on the company), so yeah, entirely
               | implausible.
               | 
               | But, it's also worth noting that the US constantly does
               | stuff like this. Like, the entire financial services
               | panopticon of tracking is driven almost entirely by the
               | US, and has been around since the 70s. Should the EU then
               | wall off the US?
               | 
               | Personally, (as an EU citizen), that would really hurt if
               | they did, but getting completely off the dollar based
               | financial system would remove a lot of the US's control
               | (and as a bonus/detriment reveal to the US how much of
               | their vaunted market is propped up by EU money).
               | 
               | Most governments are bad, and these kinds of laws are
               | international, so I'm not sure walling off the EU would
               | make your life much better.
               | 
               | And let's be honest, you should expect the tech industry
               | to end up as regulated as the financial industry over
               | time, the only difference will be how long it takes to
               | get there.
        
         | layer8 wrote:
         | > worldwide
         | 
         | Laws targeting service providers usually always apply to all
         | providers providing services in the respective jurisdiction. It
         | would be unusual if it was any different.
        
         | btown wrote:
         | From https://docs.reclaimthenet.org/council-presidency-lewp-
         | csa-r... pp 35:
         | 
         | (f) 'relevant information society services' means all of the
         | following services: (i) a hosting service; (ii) an
         | interpersonal communications service; (iii) a software
         | applications store; (iv) an internet access service; (v) online
         | search engines.
         | 
         | And via https://eur-lex.europa.eu/legal-
         | content/EN/TXT/PDF/?uri=CELE... pp 8:
         | 
         | (2) 'internet access service' means a publicly available
         | electronic communications service that provides access to the
         | internet, and thereby connectivity to virtually all end points
         | of the internet, irrespective of the network technology and
         | terminal equipment used
         | 
         | ===
         | 
         | Calling it Chat Control is itself an understatement, one that
         | evokes "well I'm not putting anything sensitive on WhatsApp"
         | sentiments - and that's incredibly dangerous.
         | 
         | This bill may very well be read to impose mandatory global
         | backdoors on VPNs, public cloud providers, and even your home
         | router or your laptop network card!
         | 
         | (Not a lawyer, this is not legal advice. But it doesn't take a
         | lawyer to see how broadly scoped this is.)
        
         | chimeracoder wrote:
         | > (6) Online child sexual abuse frequently involves the misuse
         | of information society services offered in the Union by
         | providers established in third countries.
         | 
         | It's quite wild to see child sexual abuse continue to be cited
         | as a justification for far-reaching, privacy-invading
         | proposals, allegedly to empower government actors to combat
         | child sexual abuse.
         | 
         | Meanwhile, we have copious and ever-increasing evidence of
         | actual child sexual abuse being perpetrated by people with the
         | most power in these very institutions, and they generally face
         | few (if any) consequences.
        
       | andybak wrote:
       | This is an asymmetric conflict. The factions who want this to
       | pass have more resources, time and background influence and can
       | keep pushing this until they get lucky.
       | 
       | And once in place repealing it will be tremendously difficult.
       | 
       | How does society resolve this kind of abuse of the democratic
       | process? It is a dynamic that is repeated in many areas.
        
         | frogperson wrote:
         | We stop allowing the rich to become so rich. Billionares are
         | not compatible with democracy or the greater good.
        
           | CamperBob2 wrote:
           | What happens when you get what you want, and rather than
           | magically solving every problem confronting society, it
           | doesn't solve anything at all, and in fact creates several
           | more problems, as generally happens when such ideas are put
           | into practice?
           | 
           | What's plan B? Lower the threshold to a million dollars?
        
             | snek_case wrote:
             | Also how do you avoid billionaires _worldwide_? Not
             | everyone lives under your government. Even if you could,
             | how do you know for a fact that some people don 't secretly
             | control hidden assets? Is Xi openly a billionaire? China is
             | a "communist" country on paper. How does he hold so much
             | power?
             | 
             | The sad reality is that the world has a nonzero percentage
             | of power-hungry narcissists. We need governments that are
             | more democratic and robust. We all know that the current
             | government processes are broken and corrupted.
        
             | iovrthoughtthis wrote:
             | We iterate.
        
             | tock wrote:
             | > as generally happens when such ideas are put into
             | practice
             | 
             | Is this true? Lots of countries with high living standards
             | have high taxes. It doesn't need to solve every problem but
             | it does help solve the problem of one unelected person
             | holding too much power and influence.
             | 
             | > What's plan B? Lower the threshold to a million dollars?
             | 
             | 1B = 1000M. I think thats high enough. Don't see why you
             | need to make it 1000x smaller to try and make a point.
        
               | CamperBob2 wrote:
               | _It doesn 't need to solve every problem but it does help
               | solve the problem of one unelected person holding too
               | much power and influence._
               | 
               | It does? Really?
               | 
               | What _are_ they teaching kids in school these days?
               | According to the books I studied, nominally-egalitarian
               | leaders racked up an eight-digit body count in the 20th
               | century alone.
        
               | tock wrote:
               | > It does? Really?
               | 
               | Yep.
               | 
               | > nominally-egalitarian leaders racked up an eight-digit
               | body count in the 20th century alone
               | 
               | You don't believe in democracy and equal rights? Anyway
               | billionaires love their 10 digits not 8.
        
               | criley2 wrote:
               | Taxes are ~irrelevant to billionaires. When you say "you
               | can't be a billionaire" what you're saying is "you cannot
               | own any significant amount of a large business" because
               | billionaires aren't liquid, their status is based on
               | their assets and primarily their shares in large
               | businesses.
               | 
               | I agree that wealth inequality is horrible and taxes on
               | the wealthy should be much higher. But if someone owns
               | 10% of a trillion dollar company, that's $100B in shares.
               | They can sell off 900M$ worth of shares and "not be a
               | billionaire" in terms of income and money (and thus
               | taxation). So what do you do?
               | 
               | - Seize control of their shares and thus their control
               | over private industry
               | 
               | - Or, accept that billionaires exist
               | 
               | This is basically the core fight between capitalism
               | (private ownership of the means of production) and
               | communism (government control of the means of
               | production).
               | 
               | Most people hate the idea of billionaires, but people
               | generally also hate a centrally planned government where
               | the government owns a controlling stake in all businesses
               | preventing any insider from having any real control.
        
               | tock wrote:
               | > So what do you do?
               | 
               | We should be discussing strategies to tackle this. Not
               | just go "oh lets just accept it".
               | 
               | Just how many people have 100B+? Do you see them trying
               | to interfere in governance and elections? Maybe we can
               | have annual wealth taxes. Just like property taxes. There
               | are many ways to tackle this. That's what we should be
               | discussing. Not just giving up. Absurd wealth inequality
               | will cause societal collapse.
               | 
               | > This is basically the core fight between capitalism
               | (private ownership of the means of production) and
               | communism (government control of the means of
               | production).
               | 
               | No it isn't. It's taxation. Does the presence of property
               | taxes and inheritance taxes make the west a communist
               | region? Communism is the govt "owning" a company. Some
               | rich guy selling his shares on the stock market to pay
               | his taxes doesn't mean the govt owns the company.
        
               | criley2 wrote:
               | > "Annual wealth taxes"
               | 
               | So, the government steals a percent of private businesses
               | every year? What does the government do with this? Are
               | you suggesting that the government forces business owners
               | to liquidate their own shares to give to the government?
               | So on a long enough time line, no one is allowed to own a
               | business.
               | 
               | > No it isn't. It's taxation. Does the presence of
               | property taxes and inheritance taxes make the west a
               | communist region? Communism is the govt "owning" a
               | company. Some rich guy selling his shares on the stock
               | market to pay his taxes doesn't mean the govt owns the
               | company.
               | 
               | The business is already paying taxes (i.e. property
               | taxes). You're proposing a new tax on top of the existing
               | taxation scheme, an ownership tax that likely requires
               | the owner to reduce their ownership. Imagine if you had
               | to sell 1% of your house every year because "home
               | ownership is unfair". Most middle class folks would never
               | end up owning their home.
               | 
               | Communism is when you're not allowed to own private
               | businesses, and the wealth that is problematic is the
               | ownership of private businesses. Skin this cat however
               | you want, but if you want a skinned cat, the skin has to
               | come off.
               | 
               | Again, I agree that billionaires are bad. I don't think
               | taxation or incentive structures will fix it. I do think
               | that revolution/wars that destroy the oligarchy and reset
               | wealth are the only times in history that the middle and
               | working class truly prosper. It is what it is. In an
               | ideal world, business ownership is broadly spread across
               | employees and wealth and power are shared broadly. But
               | that's not an outcome that is ever achieved without
               | significant force.
        
               | tock wrote:
               | > So, the government steals a percent of private
               | businesses every year? What does the government do with
               | this? Are you suggesting that the government forces
               | business owners to liquidate their own shares to give to
               | the government? So on a long enough time line, no one is
               | allowed to own a business.
               | 
               | All tax is theft by that argument. Whether they liquidate
               | or not is up to them. They just need to pay x tax. They
               | aren't selling their stake to the government. They are
               | free to pay the tax from their general annual income or
               | by selling their stocks in the market like they do today
               | every year.
               | 
               | > Imagine if you had to sell 1% of your house every year
               | because "home ownership is unfair". Most middle class
               | folks would never end up owning their home.
               | 
               | How are folks paying property taxes today? They are
               | paying x% of the properties annual value yearly.
               | 
               | > Communism is when you're not allowed to own private
               | businesses, and the wealth that is problematic is the
               | ownership of private businesses. Skin this cat however
               | you want, but if you want a skinned cat, the skin has to
               | come off.
               | 
               | If stock is being sold to pay tax its being sold to
               | someone else in the market not the govt. The govt is not
               | owning the business.
               | 
               | > I do think that revolution/wars that destroy the
               | oligarchy and reset wealth are the only times in history
               | that the middle and working class truly prosper. It is
               | what it is. In an ideal world, business ownership is
               | broadly spread across employees and wealth and power are
               | shared broadly. But that's not an outcome that is ever
               | achieved without significant force.
               | 
               | I agree. But I don't share the sentiment that nothing can
               | be done. None of what I said is radical. Its reality in
               | many european countries. And wealth equality is far less.
               | eg. an annual 1% wealth tax. 1% of 1B is 10M. That's
               | peanuts to them. Heck their stocks appreciate far greater
               | than that yearly.
        
               | criley2 wrote:
               | >Its reality in many european countries. And wealth
               | equality is far less. eg. an annual 1% wealth tax. 1% of
               | 1B is 10M. That's peanuts to them. Heck their stocks
               | appreciate far greater than that yearly.
               | 
               | Ah yes Europe, where businesses are largely uncompetitive
               | globally and the countries are more than ever completely
               | at the mercy of global superpowers. I'll also point out
               | that the most competitive and richest european countries
               | also have the largest wealth inequality, and the european
               | countries pulling down the average are the poorest ones
               | and most irrelevant globally. Their stock market is also
               | considered mediocre and many European prefer to invest in
               | US markets instead.
               | 
               | Just pointing out that "more taxes" isn't some panacea
               | and there's a real cost to competitiveness going this
               | route. If the US went this way, the BRICS nations
               | especially China would eclipse the western world within a
               | generation on the back of more absuive practices, and
               | become the global superpowers easily pushing the west
               | around.
               | 
               | I suppose that's nicer for this generation of citizens,
               | although potentially catastrophic for the generation
               | afterwards. And I don't necessarily envy the geopolitical
               | reality of Europe right now, even if I do envy many of
               | their healthcare systems.
        
               | tock wrote:
               | European businesses are uncompetitive because of excess
               | regulation. Not the ultra wealthy having to pay more tax.
               | I'm pointing out they have wealth tax and haven't turned
               | into a communist hellhole. None of the things you
               | complain about whether its Europe refusing to build up
               | their military or its business competitiveness is because
               | of wealth tax. The USA has an annual property tax based
               | on the properties value and isn't a communist nation.
               | 
               | > I'll also point out that the most competitive and
               | richest european countries also have the largest wealth
               | inequality, and the european countries pulling down the
               | average are the poorest ones and most irrelevant
               | globally.
               | 
               | This isn't even true. The US has the same inequality as
               | Russia. Every top EU country is far far lower. Maybe we
               | are communist after all.
               | 
               | Your entire argument is that 900 people out of
               | 350,000,000 people in the US having to pay more tax is
               | going to drive the US into the ground.
        
               | criley2 wrote:
               | >Your entire argument is that 900 people out of
               | 350,000,000 people in the US having to pay more tax is
               | going to drive the US into the ground.
               | 
               | Talk about a low-faith strawman! Let me eviscerate this
               | garbage argument.
               | 
               | The 900 billionaires in America control around $7.8
               | trillion USD in assets (US yearly GDP is over $30
               | trillion, for reference)
               | 
               | Let's tax 1% of that yearly, meaning we just gained $78
               | billion dollars per year! Congrats, with a $7 trillion
               | yearly federal budget, your +$78 billion covers about 1%
               | of federal spending.
               | 
               | Pack it up boys, we completely solved wealth inequality
               | and will be a glorious european nation with our $78
               | billion dollars! If we applied that to nationalized
               | healthcare (estimated cost $3 trillion per year) we just
               | paid for 2% of the healthcare system!
               | 
               | Or maybe we just redistribute that $78 billion. That's
               | $588 dollars per US household per year. Problem = solved.
               | 
               | Great argument.
        
               | tock wrote:
               | > Let's tax 1% of that yearly, meaning we just gained $78
               | billion dollars per year! Congrats, with a $7 trillion
               | yearly federal budget, your +$78 billion covers about 1%
               | of federal spending.
               | 
               | Excellent point. I'm glad you see how much of a pittance
               | 1% annually is. Though I've made the same point
               | before(remember I said 1% of 1B is just 10M, thats a joke
               | for billionaires). Increase the % as you wish. 1% does
               | nothing for inequality given stock gains are far higher
               | yearly.
               | 
               | My whole point is that its a problem that needs to be
               | solved. How we can solve it is a great thing to discuss.
               | Your entire argument so far is that it can't be solved.
               | Which I don't agree with.
               | 
               | And for some reason you just ignore some points. eg.
               | property taxes: "in 2023, approximately $363 billion in
               | property taxes was collected on single-family homes
               | across the United States. Property taxes generally
               | account for about 10-11% of total U.S. tax revenue.". You
               | said "Most middle class folks would never end up owning
               | their home.". Turns out thats not true.
               | 
               | Tax the billionaires. You seem to think the current trend
               | is bad as well. You just happen to think my suggestions
               | to fix it is bad. That's fine. But I think its a better
               | constructive use of your time trying to think of better
               | ideas than give up.
        
               | criley2 wrote:
               | >Increase the % as you wish.
               | 
               | 1% is your number. Feel free to tell me the magical
               | wealth tax % that fixes all income inequality and
               | maintains strong ability to own private businesses. This
               | is your argument and it's lazy to tell me to do your work
               | for you.
               | 
               | >My whole point is that its a problem that needs to be
               | solved. How we can solve it is a great thing to discuss.
               | Your entire argument so far is that it can't be solved.
               | Which I don't agree with.
               | 
               | Yes, I think that your wealth tax cannot solve the
               | problem unless it tips away from capitalism towards
               | socialism, e.g. destroy billionaires ability to have
               | control over private industry and broaden the base of
               | ownership or make it public. Maybe you have a magical %
               | wealth tax that fixes everything, I'll wait for your
               | thesis.
               | 
               | >And for some reason you just ignore some points. eg.
               | property taxes: "in 2023, approximately $363 billion in
               | property taxes was collected on single-family homes
               | across the United States. Property taxes generally
               | account for about 10-11% of total U.S. tax revenue.". You
               | said "Most middle class folks would never end up owning
               | their home.". Turns out thats not true.
               | 
               | This is not a place to have expansive multi-point
               | debates. I'm not ignoring anything, I'm having targeted
               | discussions on major points. Again, property taxes are
               | NOT universal in the US and are largely balanced by
               | income taxes. States with high property taxes generally
               | have low/no income taxes and vice versa. And yes,
               | property taxes have had a strong effect in lowering home
               | ownership. In China, over 70% of millenials own a home
               | (no property taxes). In America, less than half of
               | millenials own homes (high property taxes).
               | 
               | Another point I neglected to reply to because these
               | replies get way too long: European regulation is bad on
               | businesses _because corrupt billionaires aren 't in place
               | to stop it_. Can't you see that regulation and private
               | power go hand in hand? A government strong enough to
               | force billionaires to not get richer and instead spread
               | the wealth is a government strong enough to regulate the
               | heck out of businesses. Given power, it will be used.
               | 
               | >Tax the billionaires. You seem to think the current
               | trend is bad as well. You just happen to think my
               | suggestions to fix it is bad. That's fine. But I think
               | its a better constructive use of your time trying to
               | think of better ideas than give up.
               | 
               | We do tax billionaires and the wealthy! The top 1% of
               | Americans pay 25% of all revenue. The bottom 50% pay
               | roughly 3% of all revenue.
               | 
               | Please forward your taxation thesis that 1) solves wealth
               | inequality 2) preserves the ability to own large
               | businesses. And no, forcing a business owner to sell
               | their shares to retail investors and hedge funds does not
               | preserve business ownership, it guarantees that citizens
               | will eventually be forced out of their own businesses
               | that they start.
               | 
               | My thesis is simple: Skin the cat. Blow up their
               | ownership. Prevent them from owning large businesses. Use
               | the power of government to jail them and disappear them
               | until they bow before a government of the people. Or
               | accept the system for what it is. But half measures?
               | Fiddling with minor taxation numbers? Get real, that's
               | controlled opposition that prolongs their reign.
        
           | afarah1 wrote:
           | This seems to be more about political power and government
           | overreach than money. The narrative seems to be focused
           | solely on concentration of the later, lately.
        
             | dymk wrote:
             | Money is political power. A billionaire can afford to lobby
             | and "donate" as much as they want.
        
             | catlikesshrimp wrote:
             | I expect economical and political power to get along well.
             | You normally acquire both organically; except in some
             | cases, suddently acquiring much of one will buy some of the
             | other.
             | 
             | TLDR: Billionaires hold political power.
        
             | eptcyka wrote:
             | Billionaires inherently get political power. When they're
             | more socially adept than Musk, they can even have the power
             | without having the plebs notice.
        
               | lazide wrote:
               | Yup, going full autist in public is a good way to get the
               | public angry at you and try to find a way to make your
               | life more difficult.
        
               | hn_acc1 wrote:
               | You mean, going full asshole. Not all autists are
               | assholes.
        
               | lazide wrote:
               | The issue isn't that he was being an asshole - plenty of
               | politicians can be assholes and be cheered for it.
               | 
               | He was being straightforward, direct, matter of fact,
               | technical, and an asshole.
               | 
               | You gotta lube up the plebes, or they get butthurt, and
               | that is what is causing the issue.
        
             | samdoesnothing wrote:
             | You see this happening a lot where criticisms of capitalism
             | gets laundered in with criticisms of political power as a
             | means to deflect.
        
           | impossiblefork wrote:
           | It's too bad we can't withdraw our votes for a politician
           | continuously, with the politician having to leave office if
           | the vote changes enough.
           | 
           | I'm not sure it can be solved without everybody writing down
           | their vote, but this would be one way that would make pushing
           | through unpopular policies, whether because of changing
           | opinions, mismatches where politicians misrepresent their
           | plans or corruption, much more difficult.
        
             | layer8 wrote:
             | That would just strengthen the incentives for continual
             | populism and propaganda.
        
             | thewebguyd wrote:
             | If not continuously, there needs to be mechanisms to recall
             | a politician (or an entire government), and re-hold
             | elections for both failing to govern and failing to
             | represent the interests of the people over the interest of
             | billionaires.
             | 
             | To use the recent US shutdown as an example. Passing a
             | budget is like one of the basic requirements of governing.
             | If the current government cannot accomplish that, it should
             | immediately dissolve and elections be held. Every single
             | position in power at the time, gone, the whole thing gets
             | re-elected because they have proven that the current group
             | cannot adequately govern.
             | 
             | The ability to recall needs to work similarly. Vote should
             | be able to be initiated by the people at anytime, and a
             | successful vote means the government dissolves and new
             | elections are held.
             | 
             | We could also have a "cooling off" period after a piece of
             | legislation (like chat control) fails. It failed the first
             | time, it should not be able to be immediately reintroduced
             | whether in the same or a different form. There should be
             | some sort of cooling off period where that piece of
             | legislation (or its goals) cannot be reintroduced for x
             | number of years.
        
               | thesuitonym wrote:
               | These are good ideas, but they do have some pretty big
               | sticking points. The ability to trigger a re-election has
               | the same problems we're trying to avoid in the larger
               | thread: If a bad actor (say a business) wants a
               | politician out, they can just continually issue recall
               | votes until they wear out the population and get lucky.
               | Unfortunately, I think the only solution here is exactly
               | what we have: Politicians have to be re-elected every
               | couple of years.
               | 
               | The cooling off period also has problems, because
               | sometimes a piece of legislation is a good idea, but has
               | a major flaw that causes people to vote against it. What
               | happens when people want a law passed, but not in the
               | form it's presented in?
        
               | zelphirkalt wrote:
               | Re-election every couple of years does not solve the
               | issues, as demonstrated by most elected governments
               | around the world. People are too lazy, uninformed,
               | stupid, to vote for their own good, and will be made to
               | vote against their own interest, time and time again. As
               | societies we are mostly not ready mentally to vote
               | properly. This is in the interest of the people in power.
               | Have stupid and confused subjects, so that you can rally
               | them for whatever cause you need them to rally for.
        
               | pessimizer wrote:
               | > Passing a budget is like one of the basic requirements
               | of governing. If the current government cannot accomplish
               | that, it should immediately dissolve and elections be
               | held.
               | 
               | It's important to note that this is a basic principle,
               | almost _the_ basic principle, of English-style
               | parliamentary democracy. You have a monarch who makes
               | decisions (through their chosen government, ever since
               | the English cut off a few heads), and the rest of the
               | Parliament (a bunch of nobles, clergy, and eventually
               | representatives of commoners) is there to withdraw
               | financing from that government when they disapprove.
               | 
               | > We could also have a "cooling off" period after a piece
               | of legislation (like chat control) fails.
               | 
               | We usually do, it is called a "session." The problem is
               | the inability to pass negative legislation (which also
               | has a pretty long history) i.e. we will _not_ do a thing.
               | Deliberative assemblies explicitly frown on negative
               | legislation, and instead say that purpose is served
               | simply by not doing the thing.
               | 
               | The problem is that individual rights are provided by
               | negative legislation _against the government_ : think the
               | US Bill of Rights. Instead, we have systems where
               | exclusively positive legislation is passed by majorities,
               | and repealing that legislation takes _supermajorities_.
               | The only pragmatic way to create new rights becomes to
               | challenge legislation in courts, and get a decision by
               | opinionated, appointed judges that X piece of legislation
               | is superseded by Y piece of legislation for unconvincing
               | reason Z, and this new  "right" is about as stable as the
               | current lineup of the sitting justices.
               | 
               | What we need is to pretend like "democracy" is a
               | meaningful word rather than an empty chant, or more often
               | simply a euphemism for the US, Anglosphere, Western and
               | Central Europe, and whoever they currently approve of.
               | Democracy is rule by the ruled, and the exact processes
               | by which the decisions are made _define_ the degree of
               | democracy. Somehow, elites have decided that process is
               | the _least_ important part of democracy, and the most
               | important part is that elites get their preferred
               | outcomes. Anything else is  "populism."*
               | 
               | Decisionmaking processes in "democracies" need to be
               | examined, _justified,_ and codified. The EU needs either
               | to cede a lot more leverage to its individual members
               | (and make that stupid currency a European bancor, rather
               | than a German weapon) OR become more directly responsive
               | to European _individuals._ If you 're not serving the
               | individual states, and you're not serving the individual
               | citizens, you're _exclusively_ serving elites.
               | 
               | * A term made into meaningless invective by elites who
               | hated https://en.wikipedia.org/wiki/Populist_Party_(Unite
               | d_States), a party who believed in things that were good.
        
             | dspillett wrote:
             | _> It 's too bad we can't withdraw our votes for a
             | politician continuously, with the politician having to
             | leave office if the vote changes enough._
             | 
             | I think that would empower ill-conceived (and/or ill-
             | willed) populist & short term movements, with everyone in
             | constant fear of being "un-vote bombed" by armies of easily
             | led, and likely make the lobbying problem worse.
        
             | zelphirkalt wrote:
             | I have had this idea for a long time: An online realtime
             | voting platform, where you can change your mind about
             | policies at any time, and what the people want needs to be
             | implemented. And of course all issues and policies must be
             | put on the platform for people to vote on.
             | 
             | Of course initially we would have to learn, that changing
             | our minds too often will lead to things not getting done at
             | all. And it is doubtful, that a lot of people are even
             | capable of becoming informed and reflecting beings, not to
             | be swayed by a hip populist radical, and thus causing shit
             | to happen. Also the sheer number of issues and policies
             | would be so many, that most people couldn't make up their
             | mind on everything. But that's OK, since people can raise
             | awareness and simply vote later, when they became aware.
             | Another issue would be what the choices are that people
             | have on the platform. How to give all relevant opinions as
             | choices? How to know what is relevant? Or can voters apply
             | for adding a new opinion? But then who grants the right to
             | add a choice? How to prevent spam?
             | 
             | So there certainly are huge issues with the idea. But
             | maybe, over time, we would develop into politically
             | reasonable societies and politicians would have to fear the
             | opinion of the people, because one scandal uncovered, and
             | they could end up kicked out tomorrow. Maybe it could also
             | better designed, so that there is some minimum time between
             | being able to change ones stance about something. Or some
             | maximum of policies one can have an opinion about per day.
             | 
             | Even initially to have such a platform without real
             | political consequences of voting, would be super
             | interesting, because you could lookup what the current
             | opinions of the people are.
        
           | hcurtiss wrote:
           | It seems more likely to me this is being pressed by
           | intelligence agencies than billionaires. Billionaires have
           | secrets too.
        
             | bergfest wrote:
             | But they have ways to evade the law. And my dystopian inner
             | oracle tells me, that when the pervasive online
             | identification will soon be reality, certain people's IDs
             | will have a special "all access, no logs" status that will
             | allow them stay under the radar.
        
         | imglorp wrote:
         | The States are learning the hard way that the disproportionate
         | accumulation of wealth is an irresistible force which will
         | eventually erode all checks and balances, corrupt all systems,
         | and ultimately capture the entire government. We we were doing
         | mostly okay with "constrained capitalism" but as soon as we let
         | our guard down, money flooded into politics and that was the
         | end of restraint.
        
           | samdoesnothing wrote:
           | Chat Control isn't something being pushed in the States
           | though, so your criticism just seems like you're taking a
           | random shot at the USA rather than accepting the
           | uncomfortable truth that the EU is becoming increasingly
           | authoritarian.
        
             | imglorp wrote:
             | No, I was directly responding to parent:
             | 
             | > How does society resolve this kind of abuse of the
             | democratic process? It is a dynamic that is repeated in
             | many areas.
             | 
             | Relating our experience in the US, we planned for exactly
             | this, it went okay for a while, until it didn't. The answer
             | to parent is "do this but a little better" :-)
        
         | HPsquared wrote:
         | Constitutions are a pretty common way to say "no to this kind
         | of thing".
        
           | yoz-y wrote:
           | Indeed. It seems that the only way out is to elect a
           | government that would have that on their program. Dubious
           | that this will happen.
        
             | xxs wrote:
             | Governments don't change constitutions pretty much
             | anywhere. More also constitution changes are notoriously
             | hard from requiring 75% of parliament votes, to 66% in two
             | consecutive parliament assemblies (need to pass an
             | election), and all versions in-between (or not having a
             | codified constitution).
        
               | dspillett wrote:
               | _> Governments don 't change constitutions pretty much
               | anywhere._
               | 
               | They do sometimes manage to just ignore parts that they
               | don't like sometimes, at least temporarily, as the recent
               | and continuing mess in the DPR-US illustrates.
        
           | egorfine wrote:
           | Constitutions have a lot of "except in cases prescribed by
           | the law" exceptions which makes it possible to pass into law
           | all kinds of abuses.
        
         | wartywhoa23 wrote:
         | > How does society resolve this kind of abuse of the democratic
         | process?
         | 
         | Other than hoping for a large meteorite or the second coming to
         | end this misery, or stirring up the bloodbath a la Nepal -
         | then, by recognizing the power of large numbers of people doing
         | little things, like sabotaging the system at the personal
         | level. But that implies unity, and unity and mutual support
         | have been deliberately annihilated in this society for too
         | long. Thus, this outcome is even less probable than the first
         | two.
        
           | soulofmischief wrote:
           | I'm downvoting you because complaining against downvotes like
           | this is against site guidelines. Your comment would have a
           | better foundation if that part was omitted.
        
             | wartywhoa23 wrote:
             | Now that's some recursive self-fulfilling prophecy, my
             | friend! But thanks for chiming in.
        
           | stackedinserter wrote:
           | Agree completely. We're like sheep that are cluelessly
           | watching other sheep being slaughtered.
        
           | enricotr wrote:
           | This.
        
         | the_mitsuhiko wrote:
         | > How does society resolve this kind of abuse of the democratic
         | process? It is a dynamic that is repeated in many areas.
         | 
         | A lot of society wants this. A lot of parents are asking for
         | this.
        
           | soulofmischief wrote:
           | That doesn't mean anything, because they're not necessarily
           | educated on the topic, and yet are making decisions that
           | affect everyone.
           | 
           | When it's so cheap to enact mass propaganda, selective
           | omission and manufactured intent, it becomes impossible to
           | just say, "well, the people want it." Their decision making
           | process is compromised by the same people pushing these
           | policies through.
           | 
           | Democracy is indeed broken, and we have to take that
           | seriously if we're going to fix it.
        
           | dns_snek wrote:
           | Please quantify "a lot". What percentage of the population
           | wants all private communication between adults to be
           | monitored and censored by a government agency? Can we put it
           | to a vote - right after publicly discussing (debunking) all
           | of the false beliefs that its proponents have?
        
             | the_mitsuhiko wrote:
             | The question that is at the core is "police can wire tap
             | calls but they cannot wire tap chats. Should this change?"
             | The details are not all that important to people.
        
               | dns_snek wrote:
               | Legal interception requires a court order, Chat control
               | is mass surveillance.
               | 
               | Trying to build support for mass surveillance by
               | misrepresenting it as targeted tool with checks and
               | balances is exactly the kind of bad faith discourse I'm
               | talking about.
        
         | alex1138 wrote:
         | This is true and yet we managed to kick SOPA to the curb (one
         | of Aaron Swartz's finest hours)
        
           | echelon_musk wrote:
           | That was more than a decade ago. Think how many normies have
           | come online since then that have only ever used a smartphone.
           | Sadly the average computer literacy of those times are gone.
        
             | tharne wrote:
             | > Think how many normies have come online since then that
             | have only ever used a smartphone. Sadly the average
             | computer literacy of those times are gone.
             | 
             | I remember a few years ago, being shocked to see that over
             | 50% of applicants for a software engineering role applied
             | directly from their smartphones. So it's not even just
             | normies who see their phone as "the computer".
        
           | egorfine wrote:
           | Did you notice that SOPA reappears every couple of years
           | since then?
        
         | whitehexagon wrote:
         | >How does society resolve this kind of abuse of the democratic
         | process?
         | 
         | Swiss style democracy with public referendums?
        
           | egorfine wrote:
           | "Think of the children" buys a lot of votes of common people.
        
           | iso1631 wrote:
           | plebiscite -> populism -> bad outcomes
           | 
           | People are not able to be experts in everything they are
           | asked to vote on, thats why we delegate it, just like people
           | delegate their healthcare, plumbing, flying to a holiday
           | destination, growing food, etc.
           | 
           | People en-mass are just as easy to manipulate as elected
           | members, if not easier.
        
             | HeinzStuckeIt wrote:
             | Can you point to examples of bad outcomes in Switzerland's
             | referendums? I mean unequivocal examples, of the sort that
             | would convince everyone here that that model is undesirable
             | as a whole.
        
               | latchup wrote:
               | How about that time in 2020 the Swiss voted in favor of
               | an immigration restriction proposal that was so
               | fundamentally incompatible with existing EU treaties, the
               | government was forced to bullshit their way out of
               | implementing entirely because doing so would have
               | basically ended Switzerland as a nation? This is the
               | kinda thing that _really_ cannot happen in a working
               | system. The only reason the government is not sued into
               | following through is because the courts have conspired
               | with other branches to shut down any attempt at doing so.
               | Real democratic.
               | 
               | Generally speaking, people are stupid. Really REALLY
               | f-cking stupid. Giving the average Joe this kind of
               | unmoderated power in a modern world that almost entirely
               | eludes his understanding is no different from handing him
               | a loaded gun; eventually, someone will get hurt real bad.
               | As someone living in Switzerland, the main reason things
               | are as stable as they are is because:
               | 
               | * Changing anything significant requires a referendum,
               | which is a huge pain in the ass. So politicians just
               | kinda _avoid_ important changes that require referenda,
               | finding other ways to enrich themselves and leaving
               | society stagnating. This means that actually important
               | changes come about very slowly or not at all. Read up on
               | how long it took for women 's suffrage to become
               | universal - and the outright threats of internal military
               | action the federal government resorted to...
               | 
               | * Whether the Swiss like it or not, Switzerland is mostly
               | a loud, spoilt economic annex of the EU. It will remain
               | stable for as long as the EU is, and well off for as long
               | as the EU wants to be seen as a peaceful and magnanimous
               | partner in international relations. After all, "bullying"
               | tiny and surrounded Switzerland into agreeing to anything
               | - which the Swiss will cry about at any opportunity you
               | give them - is a bad look.
               | 
               | So yeah, Swiss direct democracy is not all it's made out
               | to be, and really not all that great up close. Admirers
               | remind me a lot of Weaboos, strangely shortsighted in
               | their admiration of a system they know little about.
        
               | danielscrubs wrote:
               | They have the eight highest MEDIAN wealth per capita, USA
               | is in place 15th.
               | 
               | 42 homicides year 2021, so an extremely safe country too.
               | 
               | Calling people too dumb to handle democracy sounds a tad
               | facist. They are literally in top 10.
               | 
               | I can tell you our politicians where usually picked up
               | from high school, never been to college, and had worse
               | grades than the general public.
               | 
               | So direct democracy might be like capitalism... the worst
               | system besides all the others.
        
               | rightbyte wrote:
               | Switzerland is not in the EU.
        
         | stackedinserter wrote:
         | > How does society resolve this kind of abuse of the democratic
         | process?
         | 
         | By choosing "people-vs-individual-politician" fight over
         | "people-vs-government-system". Like, literally, make
         | politicians personally responsible for this bs.
        
         | blibble wrote:
         | > And once in place repealing it will be tremendously
         | difficult.
         | 
         | as in: not possible
         | 
         | the EU parliament can't legislate to remove it, at least not
         | without permission from the two organs (commission, council)
         | that keep pushing this
         | 
         | EU parliament is the only legislature in the world that needs
         | permission to legislate
        
           | iso1631 wrote:
           | On paper the UK house of commons can pass a bill. In reality
           | bills are driven by the executive. The same executive that
           | (until brexit) drove the bills via appointing the EU
           | commissioner and being the EU council.
           | 
           | The reason that EU Parliament can't pass bills is because
           | constituent governments don't want to lose power to
           | parliament.
        
           | Muromec wrote:
           | >EU parliament is the only legislature in the world that
           | needs permission to legislate
           | 
           | It makes sense, because EU _law_ is mostly technical stuff
           | that commission has to draft and all the national governments
           | have to agree to.
           | 
           | With the commission being elected by the parliament itself
           | and vote of no confidence being a thing, it's not like the
           | parliament doesn't have power -- the power is intentionally
           | nerfed to not overreach where national governments don't want
           | it to.
        
             | blibble wrote:
             | > With the commission being elected by the parliament
             | itself and vote of no confidence being a thing
             | 
             | you only need 50%+1 to appoint the commission, but 66% to
             | vote them out
             | 
             | so practically impossible
        
         | Lutzb wrote:
         | The people that push this agenda reside on secrecy. We need to
         | expose the people involved and let the press do their jobs.
        
           | okokwhatever wrote:
           | Which press? The same that keeps this war in the shadows?
        
           | wartywhoa23 wrote:
           | Agree, but it's rather "expose the people involved and DON'T
           | let their pocket press puppets do their jobs!"
        
           | nom wrote:
           | It's just Ashton Kutcher trying to save our children.
        
         | Kim_Bruning wrote:
         | For one, we can try to get laws passed that point in the
         | opposite direction: explicitly ban the things being proposed
         | here as broadly as possible.
        
         | SilverElfin wrote:
         | I've seen this strategy many times in the US. For example, in
         | blue states they will repeatedly propose the same gun control
         | laws that restrict the rights of law abiding citizens and
         | violate the constitution, which guarantees a right to own
         | firearms. Each time such a law is proposed, people have to show
         | up to hearings, submit comments, pressure legislators, protest,
         | and all of that. Those laws may then be pulled back, but the
         | same laws will get brought up every single legislative season,
         | and citizens who have other responsibilities in life have to
         | give up time and money repeatedly to fight for their
         | constitutional rights.
         | 
         | I'm sure there are other examples of such legal abuse of
         | different political biases - I'm just using this as an example
         | because there is such a long history of it. Eventually,
         | legislators will pass whatever they want anyways. And then your
         | recourse to regain rights is to go through an expensive years-
         | long legal battle that ultimately requires the Supreme Court to
         | take the case. This type of "attack" is a serious flaw in many
         | modern democracies.
         | 
         | I think the fix is to have _personal_ consequences for
         | legislators, judges, etc that make bad decisions that violate
         | the constitutional rights or fundamental rights of citizens.
         | The idea that people are immune from consequence just because
         | they're serving in an official capacity is insane. This
         | shouldn't be the case for anyone serving in political office or
         | other public roles - as in, you shouldn't get immunity whether
         | you are a lawmaker or policeman or teacher or whatever else.
        
         | marginalia_nu wrote:
         | > How does society resolve this kind of abuse of the democratic
         | process?
         | 
         | You need a means for citizens to hold the powers that be
         | accountable. Unfortunately, the EU is largely designed without
         | such a mechanism, as its initial scope and ambition was much
         | smaller than the superstate it is growing into it wasn't deemed
         | necessary.
         | 
         | Every branch except for the European Parliament risks
         | consequences only if they fuck up so badly that the majority of
         | EU citizens in their home countries (or in some cases, _the
         | majority of_ member states) deem their actions so reprehensible
         | that they consider punishing the EU more important than
         | electing their own national government, since it 's effectively
         | the same vote.
         | 
         | This is technically still a means of accountability, but it's
         | not really a threat in practice.
        
       | pokot0 wrote:
       | Honestly I think privacy is lost. Regardless of what side you
       | were (big fan of privacy here) I feel we have nothing to do but
       | move on and think how to live in a world without privacy.
       | 
       | I never wanted privacy anyway: I wanted no discrimination,
       | inclusion, healthy democracy, etc, etc.
       | 
       | Privacy has always been a tool for me.
       | 
       | At this point, selective privacy like we are experiencing today
       | (we cannot know what's in the epstein files, but google can send
       | a drone and look into my backyard) serves none of the things I am
       | interested in!
        
         | whatshisface wrote:
         | The basic structure of your argument is equivalent to, "I've
         | given up on being allowed to leave my house, I just want to go
         | to the places I need to go."
        
         | binary132 wrote:
         | what a ludicrously insane take. how can you not believe in
         | privacy? do you think what you do in your home should be
         | private, or do you think it's fine for someone to put cameras
         | in there? If you do, please feel free to invite them to do so;
         | do not feel free to invite them to put cameras in my home.
        
           | iso1631 wrote:
           | Whether you or I want it or not is irrelevant
           | 
           | Over the last 5000 years it's been very rare for plebs to
           | have any privacy. For a brief period from ww2 through to the
           | early 21st century power shifted to the plebs, but since the
           | 1980s that power has shifted back to the feudal barons, and
           | our rights will eventually regress.
           | 
           | But the SP500 will be at record highs so everyone will be
           | told they should be happy.
        
             | g-b-r wrote:
             | What??
             | 
             | For 5000 years there were no surveillance cameras or ways
             | to surveil communications! (other than the little that was
             | said by mail)
        
             | binary132 wrote:
             | What I'm taking issue with is that you said you never
             | really cared about privacy. I care about my family's
             | privacy. I'm not asking you to care about yours. I'm sorry
             | you've given up on something that wasn't important to you
             | anyway, or whatever.
        
               | pokot0 wrote:
               | I think you misunderstood him for me. Regardless, giving
               | up is not something I mentioned. You guys just inferred
               | it. I just feel we need to approach the battle very
               | differently. What we have been doing it's not working.
        
           | pokot0 wrote:
           | Privacy for me is not that important. I have nothing to hide,
           | nothing I am ashamed of. For me it's more of a way of
           | protecting from abuse that a need of its own. I realize it's
           | just me and I do advocate for privacy, but if you look
           | around: we lost. Our data is everywhere and there are no
           | consequences whatsoever. PS: I did mention in my original
           | comment that Google and many others already send drones with
           | cameras to spy on your backyard and that is considered
           | "fine". I am not inviting them to come to your house; they
           | are already doing it. Just check Google Maps.
        
             | latexr wrote:
             | > Privacy for me is not that important. I have nothing to
             | hide
             | 
             | "Saying you don't need privacy because you have nothing to
             | hide is like saying you don't need freedom of speech
             | because you have nothing to say." -- Edward Snowden
             | 
             | It's a very privileged position to believe you have nothing
             | to hide and not be worried about the consequences.
             | Unfortunately, not everyone is so lucky. Many people live
             | in fear for their freedom and lives for elementary things
             | they can't change and shouldn't have to hide, such as one's
             | sexual orientation. We should think of them as well.
        
       | binary132 wrote:
       | what is it they're so concerned about people talking about these
       | days exactly anyway?
        
         | FranzFerdiNaN wrote:
         | Gotta make sure you aren't saying the wrong things, like
         | criticising rich and powerful people.
        
           | binary132 wrote:
           | people have been doing that for a long time, but the level of
           | urgency from the system hasn't been at this level.
        
             | AngryData wrote:
             | Yeah but was it to the same extent? People are regularly
             | posting guillotines these days and our economic outlooks
             | for much of the world, and especially the US, is not all
             | roses and sunshine.
        
             | sph wrote:
             | It's because they have finally found the perfect trojan
             | horse--"think of the children!"--in a time when people are
             | too busy entertaining themselves to death.
             | 
             | This is their best chance for them to enact mass
             | surveillance, before the hoi polloi crack and finally get
             | out of their couches.
        
             | Muromec wrote:
             | The urgency comes from having the actual war on the East
             | side of the EU and whatever the hell is happening down
             | South with refugees and what not. Then in the EU proper --
             | sabotage acts, ammunition dumps being blown up, cabels cut
             | and drones flying above the military bases hosting nuclear
             | fucking warheads, Chinese and r===an spyies in the
             | parliament, armed nazis in the military, etc, etc.
             | 
             | The shit has hit the fan about a decade ago already and not
             | calming down at all, but intelligence gathering capability
             | of secret services of all EU countries are being
             | continiously degraded, because everything is E2E by default
             | and money flows are obscured too.
             | 
             | Nobody likes to see shit being on fire and having all the
             | dashboards down.
             | 
             | Another happening happens, the services are asked why they
             | didn't prevent it or report it being likely -- what do they
             | answer? "We can't read the damn messages, so we can't know
             | if there is a cell that plans to do it again".
        
             | SturgeonsLaw wrote:
             | It's the establishment putting measures in place to
             | entrench their position with an uncertain future coming
             | towards us, fast. They are setting up systems to prevent
             | revolution.
        
         | wartywhoa23 wrote:
         | That they're so damn tired being milked and oppressed by the
         | organized crime groups calling themselves governments, maybe?
        
           | HeinzStuckeIt wrote:
           | That strain of libertarian rhetoric is overwhelmingly
           | encountered on American-dominated fora. I won't say it
           | doesn't exist in Europe, since Europeans can pick up on
           | American internet culture, too, but it is too marginal in
           | Europe to affect politics much. There is no significant
           | libertarian party in the EU. Some of the far-right parties
           | stoking and benefiting from popular discontent even promise
           | to uphold the welfare state, but simply deny it to
           | immigrants.
        
             | sph wrote:
             | Are you aware that anti-big-government and pro-privacy
             | political philosophy is not limited to (the joke that is)
             | American right-libertarianism?
        
               | HeinzStuckeIt wrote:
               | Not as a major political force to which Denmark's Chat
               | Control could be responding as the OP claims. Moreover,
               | expressions like "milked and oppressed" ring American
               | libertarianism to the ears of this European poster who is
               | familiar with long years of European cypherpunk activism.
        
               | sph wrote:
               | Cypherpunk activism is closer to anarchist ideals, and
               | criticism of the State and its coercive power is central
               | to its ethos. Yes, citizens are being milked and
               | oppressed against a state and a political caste that has
               | grown too powerful.
               | 
               | American right-libertarianism is a joke that originally
               | started as an anarchist branch and has degenerated into
               | getting in bed with the state to further its selfish
               | ideals. Criticism of the state has nothing to do with
               | those posers, as their goal is solely to become the state
               | (i.e. the oppressor), rather than truly pursue the ideal
               | of a free society.
        
             | pcrh wrote:
             | Half of Europe has living memories of oppressive
             | governments, from fascism in Franco's Spain to communism in
             | East Europe.
        
               | ThrowawayTestr wrote:
               | Must be why they're so itching to get it back
        
         | Muromec wrote:
         | The usual stuff.
         | 
         | - members of opposition of the wrong kind (as defined by
         | incumbent);
         | 
         | - journalists investigating the government;
         | 
         | (if the incumbent is brazen enough, those above can be _and
         | already are_ selectively targeted with paid exploits)
         | 
         | - political opponents of the wrong kind (aka the extrimists,
         | which kinda overlaps with #1);
         | 
         | - actual enemy combatants (aka the terrorists), spys and
         | traitors;
         | 
         | - organized crime of the day with unwarranted delusions of
         | grandeur (R. Taghi, his antics and aspirations to kill the
         | Dutch PM);
         | 
         | - immigrants and immigrants to be of the wrong kind and people
         | who smuggle them;
        
       | Havoc wrote:
       | Dystopian BS. It's unfortunate that we've got people in society
       | that are keen on mass surveillance
        
       | sMarsIntruder wrote:
       | This Chat Control 2.0 nonsense has to be killed off once for all.
        
       | pcrh wrote:
       | The right to privacy is enshrined in the European Convention on
       | Human Rights, article 8 [0].
       | 
       | It escapes me how politicians can repeatedly attempt to violate
       | this.
       | 
       | [0] https://fra.europa.eu/en/law-reference/european-
       | convention-h...
        
         | pfortuny wrote:
         | Think of the children.
         | 
         | You want the police to solve crimes, right?
         | 
         | If you are against this it is because you have something to
         | hide.
         | 
         | Also it is more than possible that those politicians do not
         | agree with that Convention.
        
           | crest wrote:
           | Only boring people have nothing to hide.
        
           | ntoskrnl_exe wrote:
           | Wow, it's always crazy how the folks who have nothing to hide
           | get mad when the lock on the stall door in a public bathroom
           | doesn't work...
        
           | sitzkrieg wrote:
           | "having something to hide" or defending a human right. who
           | cares. easy to tell where this one gets their feed
        
             | 0_gravitas wrote:
             | I assumed the post was sarcastic, but Poe's Law I suppose,
             | sadly..
        
         | karhuton wrote:
         | _"2 There shall be no interference by a public authority with
         | the exercise of this right EXCEPT such as is in accordance with
         | the law and is necessary in a democratic society in the
         | interests of national security, public safety or the economic
         | well-being of the country, for the prevention of disorder or
         | crime, for the protection of health or morals, or for the
         | protection of the rights and freedoms of others."_
         | 
         | Are we reading the same thing?
         | 
         | This linked statement clearly authorizes invasion of privacy by
         | public authorities, in the name of any of the very vaguely
         | listed reasons - as long as there's some law to allow it.
        
           | pcrh wrote:
           | Mass surveillance has already been ruled to be in
           | contravention of the Human Rights act:
           | 
           | https://en.wikipedia.org/wiki/Article_8_of_the_European_Conv.
           | ..
           | 
           | > _A 2014 report to the UN General Assembly by the United
           | Nations ' top official for counter-terrorism and human rights
           | condemned mass electronic surveillance as a clear violation
           | of core privacy rights guaranteed by multiple treaties and
           | conventions and makes a distinction between "targeted
           | surveillance" - which "depend[s] upon the existence of prior
           | suspicion of the targeted individual or organization" - and
           | "mass surveillance", by which "states with high levels of
           | Internet penetration can [] gain access to the telephone and
           | e-mail content of an effectively unlimited number of users
           | and maintain an overview of Internet activity associated with
           | particular websites". *Only targeted interception* of traffic
           | and location data in order to combat serious crime, including
           | terrorism, is justified, according to a decision by the
           | European Court of Justice.[23]_
        
             | wmf wrote:
             | The loophole there is "targeted" so they'll declare that
             | Son of Chat Control is to be targeted.
        
             | spwa4 wrote:
             | A decision by the European Court of Justice or any other
             | court does not apply to any legislative branch like the EU
             | commission (not parliament), when making new laws. New laws
             | simply override old laws (to be interpreted as
             | specializations, more or less exceptions, to the old laws)
        
               | BartjeD wrote:
               | That's not true, because there is a hierarchy of
               | legality.
               | 
               | If a principle of the EU legal order is at stake, such as
               | the right to privacy, then that constitutional imperative
               | can very well override a new law.
               | 
               | The commission and parliament are well aware of this
               | risk. They often choose to have laws advised on by the
               | courts, in advance. To avoid a legal mess.
               | 
               | This is normal in a functional democracy. To avoid abuse
               | of power / overreach by any institution.
        
           | marginalia_nu wrote:
           | Yeah the whole thing is full with these loopholes. Your
           | rights are rights only as long as we wish at some point to
           | add laws that inhibit them.
        
             | yesco wrote:
             | It's weird how "rights" went from "the government can't do
             | X to you" to "the government can force private actors to do
             | Y (but these rules don't apply to us)."
        
               | avmich wrote:
               | Maybe it's because rights should be "government CAN do X
               | to you", and whatever isn't listed in rules government
               | CANNOT do?
        
             | ekianjo wrote:
             | Basically a useless document.
        
               | athrowaway3z wrote:
               | Companies like Flock and Clearview have set up gigantic
               | dragnets in the US.
               | 
               | I'm not happy with everything the EU does, but to call it
               | useless is to be ignorant of the rest of the world.
        
               | marginalia_nu wrote:
               | It's perfectly sufficient to have laws against that sort
               | of thing. As governments are above the law (in that they
               | can just add new laws that say they can do whatever they
               | want), you need something else. A bill of rights is such
               | a something else.
        
           | realusername wrote:
           | It depends the version of the declaration, the french one has
           | zero exception listed.
        
             | pcrh wrote:
             | It's the same in French (obviously), though equally this
             | does not permit mass surveillance:
             | 
             | > _Article 8 de la Convention europeenne de sauvegarde des
             | droits de l 'homme et des libertes fondamentales:_
             | 
             | > _Droit au respect de la vie privee et familiale_
             | 
             | > _1. Toute personne a droit au respect de sa vie privee et
             | familiale, de son domicile et de sa correspondance._
             | 
             | > _2. Il ne peut y avoir ingerence d 'une autorite publique
             | dans l'exercice de ce droit que pour autant que cette
             | ingerence est prevue par la loi et qu'elle constitue une
             | mesure qui, dans une societe democratique, est necessaire a
             | la securite nationale, a la surete publique, au bien-etre
             | economique du pays, a la defense de l'ordre et a la
             | prevention des infractions penales, a la protection de la
             | sante ou de la morale, ou a la protection des droits et
             | libertes d'autrui._
             | 
             | --
        
               | realusername wrote:
               | I'm talking about the 1948 version which has the
               | following:
               | 
               | > Article 12
               | 
               | > Nul ne sera l'objet d'immixtions arbitraires dans sa
               | vie privee, sa famille, son domicile ou sa
               | correspondance, ni d'atteintes a son honneur et a sa
               | reputation. Toute personne a droit a la protection de la
               | loi contre de telles immixtions ou de telles atteintes.
               | 
               | And that's it, no other additions.
        
               | mod50ack wrote:
               | > arbitraires
               | 
               | That's the key word.
        
               | realusername wrote:
               | Since all chats would be monitored regardless of the
               | citizen, this fullfills the definition.
        
             | Muromec wrote:
             | ECHR is a convention with a court hearing the cases, as
             | opposed to declarations which is just good vibes PR. Of
             | course the actual working instrument has loopholes.
        
             | hunterpayne wrote:
             | Is that the same France which arrested the CEO of a E2E
             | chat provider (without even trumped up charges) and forced
             | them to make backdoors for them?
        
               | realusername wrote:
               | I never said the country follows it though
        
           | Muromec wrote:
           | The way it's written and the way ECHR court works, the
           | government has to actually argue it's way, not just say
           | "national secirity".
           | 
           | ECHR court however can't repeal the law, only fine the
           | governmemt for actual violation of convention rights.
        
             | pcrh wrote:
             | Is there any mechanism for preventing the introduction of a
             | law that violates the ECHR? It would seem obvious that that
             | should be the case, no?
        
               | Muromec wrote:
               | Not under ECHR, which has twice as much signatories as EU
               | has members and the other half is twice less chill
               | compared to the EU.
               | 
               | I don't remember whether the EU top court can repeal EU
               | laws, but general answer is no. It's politics -- if the
               | government is full shitheads that somebody voted for and
               | then haven't protested hard enough to boot out -- then
               | they can ignore constitution, jail judges, behead
               | journalists in a forest and send army to shoot at
               | protesters of the wrong kind.
        
               | pcrh wrote:
               | Do EU treaties per se contain any language that might be
               | relevant to privacy?
               | 
               | It seems axiomatic that legal systems contain provisions
               | that prevent their violation. However, democracy requires
               | that laws are voted on by elected representatives or
               | plebiscites, which can of course mean repealing prior
               | laws.
               | 
               | However the EU institutions are not sovereign, which
               | might be the loophole here?
               | 
               | Edit: I'm aware that the EU is only afforded
               | "competences" given to it by treaties, so perhaps human
               | rights don't fall into any of these...?
               | 
               | However, I also wonder if legislation such as Chat
               | Control, etc, might fall outside its competences.
               | 
               | In the end, the question is whether there is a legal
               | mechanism by which the introduction of laws such as those
               | in question here can be prohibited?
        
               | Muromec wrote:
               | There is no loophole really, EU can repeal it's own laws
               | the same way it passes them -- it needs to get the
               | commission, the parliament and enough national
               | governments on board.
               | 
               | >Do EU treaties per se contain any language that might be
               | relevant to privacy?
               | 
               | Doesn't matter really. No right in any treaty is
               | absolute. Not even the right to life itself -- the police
               | can and does shoot people and it's legal for them to do
               | under specific conditions. And of course the chat control
               | law says that whatever it is supposed to be doing should
               | be done in the most privacy respecting way possible.
               | 
               | In theory the court (any court really) can weight whether
               | the measures are proportionate and whether negative
               | obligations (not invade privacy) are in a balance with
               | positive obligations (you know -- protective children is
               | _also_ important) and whether the balance is appropriate
               | of a democratic society.
               | 
               | The problem everybody is trying to not see - there is no
               | right to E2E encryption under any law right now. There is
               | no right to have a communication channel that government
               | _can 't possibly listen to_. It's not a thing. The same
               | way there is no right to have your house unsearchable by
               | police and your freedom unbound by a court that can jail
               | you. There are strict limits when any of those things
               | happen, but they do fact happen all the time for good
               | reasons and for bad ones too.
               | 
               | Add: if I would attack it from a legal standpoint, I
               | would not focus on privacy so much, but rather say that
               | creating mass-scaning capability is a threat to the
               | democracy itself.
        
               | pcrh wrote:
               | Most rights are held in balance, as you describe.
               | 
               | However, mass surveillance cannot reasonably be held in
               | balance with detection of crimes, as most people are not
               | criminals
        
               | Muromec wrote:
               | It's not that I like chat control or think that mass
               | surveillance can lead to any good.
               | 
               | What I'm saying, is -- just because the balance isn't
               | where you want it to be, and the policy is bad, that
               | alone doesn't mean the law is unconstitutional, against
               | the EU treaties or ECHR or should be impossible to pass
               | through the legislative.
               | 
               | It's just bad because it's bad.
        
               | bergfest wrote:
               | That's what I'm wondering too. I still hold out hope that
               | the EU and the ECJ cannot override the fundamental rights
               | guaranteed by the constitutions of the individual member
               | states.
               | 
               | It is generally assumed that the ECJ has ultimate
               | precedence over national constitutional courts, but I
               | have my doubts. As a thought experiment, imagine it
               | wasn't the EU, but the Chinese CCP with whom the treaties
               | were concluded. It then quickly becomes clear why a
               | national constitutional court fundamentally cannot accept
               | the unconditional transfer of jurisdiction to a foreign
               | entity.
               | 
               | The German Federal Constitutional Court (BVerfG) already
               | stated in its judgment on the Public Sector Purchase
               | Programme (PSPP) that it is prepared to intervene in the
               | event of an exceeding of competences (ultra vires).
               | Furthermore, the BVerfG has repeatedly defended the
               | fundamental rights to privacy against the government in
               | the past. I am relatively certain that the warrantless
               | chat control would not succeed at the national level in
               | Germany. The question is how the BVerfG will react if the
               | ECJ gives the green light to chat control. As I said, I
               | still have hope.
        
               | pcrh wrote:
               | In this regard, note that the EU can only propose
               | legislation that falls under one of its "competences".
               | For example, national militaries, income tax, education,
               | most of foreign policy, etc, do not fall under EU
               | control.
               | 
               | The ECHR itself is independent of the EU, it is national
               | governments that have signed up to this treaty.
               | 
               | So perhaps the EU institutions do not need to directly
               | refer to the ECHR, only national governments should???
               | 
               | .... It would be interesting to hear knowledgeable legal
               | opinion in this!
        
               | Muromec wrote:
               | >So perhaps the EU institutions do not need to directly
               | refer to the ECHR, only national governments should???
               | 
               | Correct. EU is not a party of the convention, member
               | states are, so EU law can be ruled on by ECJ and national
               | law and actions of national governments by ECHR.
               | 
               | Then at the end of the day it's the national government
               | that would look at your chats and "I'm just following EU
               | law" would not be an especially great excuse for the ECHR
               | court.
        
           | jayess wrote:
           | Good god what a meaningless "right" where all of the
           | exceptions eat the rule.
        
         | encom wrote:
         | First time?
        
         | Am4TIfIsER0ppos wrote:
         | Gotta find those with illegal opinions somehow.
        
         | rambojohnson wrote:
         | it escapes you because all these treaty clauses read like
         | safeguards, but in practice they're just friction. Once a
         | government decides it needs mass surveillance for 'security,'
         | the law bends. The real question isn't what the ECHR allows...
         | it's why people still think legal frameworks can meaningfully
         | restrain a state that has already decided not to be restrained.
         | 
         | it escapes me hwo so many can be so naive.
        
           | disgruntledphd2 wrote:
           | > it's why people still think legal frameworks can
           | meaningfully restrain a state that has already decided not to
           | be restrained.
           | 
           | The EU isn't really a state, though. The members are states,
           | but not the EU.
        
             | brigandish wrote:
             | As the saying goes, "A rose by any other name would smell
             | as sweet"
             | 
             | EU law and its constitution have primacy.
        
               | disgruntledphd2 wrote:
               | Sort of. It's not quite like anything else. The EU has
               | mostly trade and standardization powers, and lots of the
               | other stuff is an outgrowth of that.
               | 
               | But mostly, EU law just sets a baseline, and almost all
               | execution of it is devolved to the member states.
               | 
               | Edit: the EU does not have a constitution but a
               | constitution shaped update of the Treaties. Now, lots of
               | politicians are happy to blame the EU for unpopular
               | stuff, but the council is the national politicians and
               | they basically run the EU.
        
         | WhyNotHugo wrote:
         | > It escapes me how politicians can repeatedly attempt to
         | violate this.
         | 
         | There is no penalty for doing so.
         | 
         | If something is outlawed but there is no negative consequence
         | for doing it, then it's not really outlawed in practical terms.
        
         | aleph_minus_one wrote:
         | > It escapes me how politicians can repeatedly attempt to
         | violate this.
         | 
         | You make use of the silent assumption that politicians are
         | _not_ criminals. :-(
        
         | MarsIronPI wrote:
         | And it's not just EU politicians who ignore their constitution.
         | US politicians have been ignoring the US Constitution for oh
         | _(checks history books)_ at least 85 years.
        
         | kalterdev wrote:
         | You can't defend any rights by reference to legal authority. As
         | long as it's a legal domain, any exceptions are permitted, even
         | on the "human" rights level. Rights can only be defended on
         | moral grounds, like rights to freedom or self-defense.
        
         | psychoslave wrote:
         | Because they don't get banned from being able to either take a
         | sit in a political position for life after they went to jail
         | for a few years for high treason agaisnt the people.
        
         | constantcrying wrote:
         | The idea of constitutional guarantees, which should be defended
         | absolutely and in their strongest sense only exists inside the
         | US.
         | 
         | Especially the EU, with limited democratic oversight, does not
         | have to be too concerned about things like this.
        
         | some_random wrote:
         | You have no right to privacy from authorities. In fact, you'll
         | find that Europeans have very few actual rights.
        
       | layer8 wrote:
       | Article on Breyer's own site: https://www.patrick-
       | breyer.de/en/chat-control-2-0-through-th...
        
         | dang wrote:
         | Thanks, we'll put that in the toptext as well.
        
       | stackedinserter wrote:
       | Society can't win this without fighting the personalities who
       | drive it. In the end, there's a individual that pushes this, so
       | this very person should be targeted personally.
       | 
       | Someone said it's an asymmetric conflict, so we need to pull it
       | to our (human-size) level and fight on our chessboard.
        
       | mrtksn wrote:
       | Denmark has a month and a half as EU presidency to go. I still
       | don't get why they want this to be their legacy so badly.
        
         | throw-qqqqq wrote:
         | Denmark mostly has authoritative politicians in government.
         | Pragmatic and without ideology. The misguided tools believe
         | they are doing us all a big favor.
         | 
         | They handwavingly dismiss all privacy-related criticism with
         | "well our experts say something else!" and insist there are no
         | privacy issues - but at the same time require exemption for
         | their own caste.
        
           | dmix wrote:
           | The EU and European parliaments are very much on the
           | technocracy side, where they defer to experts and studies for
           | everything instead of focusing on the popular interests of
           | the public
           | 
           | https://en.wikipedia.org/wiki/Technocracy
        
             | squigz wrote:
             | Look at America to see what happens when things are decided
             | based on the popular interests vs actual data and
             | expertise.
        
               | 0dayz wrote:
               | One does not take out the other, balance is always the
               | best.
        
               | squigz wrote:
               | I agree; that's just not the impression I got from GP.
        
             | throw-qqqqq wrote:
             | I would not categorize Denmark as particularly
             | technocratic, on the contrary. Many politicians here go
             | against science and research because "I simply disagree".
             | 
             | Populism largely runs Denmark.
        
           | Y-bar wrote:
           | Denmark is a strange nation with regards to liberty and
           | personal belongings:
           | 
           | https://euromedmonitor.org/en/article/4963/Denmark:-Exemptin.
           | ..
        
             | throw-qqqqq wrote:
             | This was done to appease the racist voters, who are
             | unfortunately a relatively big factor here.
             | 
             | The law was installed in 2016, (colloquially called
             | "Smykkeloven"/The Jewelry Law) after Syrian refugees walked
             | up through Europe and Denmark, and a myth arose about super
             | rich refugees with bags full of gold.. in 2022 this law had
             | been used in 17 instances.
             | 
             | I cannot roll my eyes enough at the policians here.
        
             | eastbound wrote:
             | Denmark is pretty famous for the fact that people consider
             | themselves pretty centrist and moderate, while the policies
             | they implement, each analyzed separately, are the most
             | leftist of all the EU on all modern topics (ie not
             | classical communism of course - just climate change, women,
             | immigration etc). But when you're surrounded with
             | likeminded people and little diversity of the press, it
             | sounds logical.
        
               | throw-qqqqq wrote:
               | I respectfully disagree that Denmark is left-leaning wrt.
               | immigration. 20-30 years ago that was true, today not at
               | all.
               | 
               | From https://www.bbc.com/news/articles/cm2lknr2d3go.amp
               | 
               | "UK seeks Danish inspiration to shake up immigration
               | system"
               | 
               | "Shabana Mahmood will model some of her new measures on
               | the Danish system - seen as one of the toughest in
               | Europe."
        
         | zelphirkalt wrote:
         | Presumably someone is paying really well to push this over and
         | over again.
        
         | thewebguyd wrote:
         | There are monied interests and special interest groups behind
         | it. No matter who is at the head, it will continue to be pushed
         | by these interests.
         | 
         | Europol, Julie Cordua (CEO of Thorn), Cathal Delaney, former
         | Europol who now is on Thorn's board, Alan Parker, billionaire
         | and founder of the Oak Foundation that's been bankrolling the
         | fake charities lobbying for chat control, Chris Cohn, another
         | billionaire and hedge fund manager who has been funding anti-
         | encryption lobbying in both the US and the EU, Sarah Gardner,
         | former Thorn employee and part of the network of fake charities
         | lobbying to ban encryption. SHe also focuses on lobbying in the
         | US as well, and Maciej Szpunnar, Polish Advocate General and
         | the European court of justice, wants to use chat control for
         | prosecuting copyright infringement.
         | 
         | And don't forget Peter Hummelgaard: "We must break with the
         | totally erroneous perception that it is everyone's civil
         | liberty to communite on encrypted messaging services."
         | 
         | So you have a few billionaires running lobbying organizations
         | disguised as fake "for the children" charities that operate in
         | both the EU and the US, Europol, and a group of powerful people
         | that are fundamentally opposed to privacy.
        
           | phba wrote:
           | Adding to that from
           | https://en.wikipedia.org/wiki/Thorn_(organization):
           | 
           | > Thorn works with a group of technology partners who serve
           | the organization as members of the Technology Task Force. The
           | goal of the program includes developing technological
           | barriers and initiatives to ensure the safety of children
           | online and deter sexual predators on the Internet.
           | 
           | > Various corporate members of the task force include
           | Facebook, Google, Irdeto, Microsoft, Mozilla, Palantir,
           | Salesforce Foundation, Symantec, and Twitter.
           | 
           | Apparently Thorn scratched that list from their current
           | website, but the Wiki page has an archive link.
        
             | thewebguyd wrote:
             | Worth noting that Thorn also makes scanning software and
             | would stand to profit greatly from chat control.
             | 
             | As with all these types of legislation, always follow the
             | money.
        
         | WinstonSmith84 wrote:
         | Genuine question: is that Denmark reintroducing this proposal?
         | It's not clear when it's mentioned "the EU commission's revised
         | proposal..." - and second question, if it's "Denmark", who from
         | Denmark has the authority to do so? Any elected Danish member
         | from the EU council?
        
           | Muromec wrote:
           | EU council works like US senate worked before senators were
           | elected. So the right answer for who is Danish PM.
           | 
           | Not to be confused with EU parliament which is elected by
           | popular vote and EU comission, which is the executive branch
           | of EU and us voted in by Parliament
        
           | throw-qqqqq wrote:
           | Denmark holds the EU Presidency. That means they chair the
           | Council of the EU, set the agenda, organize meetings, and
           | drive forward legislative work in that period.
        
       | shevy-java wrote:
       | I remember that back a few weeks ago on reddit, before I left it,
       | I warned people about this.
       | 
       | Well - colour me not so surprised. The lobbyists are back at it.
       | 
       | I think we need to permanently crush them now. They attack us
       | here. This is a war.
        
       | okokwhatever wrote:
       | My Europe doing european stuff...
        
         | xyzal wrote:
         | The GDPR, DMA, DSA are good.
        
       | varispeed wrote:
       | This is an ongoing terrorist attack and authorities fail to stop
       | it. Please report these people to the police as attempted
       | terrorist attack. People behind Chat Control should be arrested.
       | 
       | A snippet I posted before:
       | 
       | 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.
        
         | probably_wrong wrote:
         | While I agree with the sentiment, I don't think hyperbole is
         | the solution.
         | 
         | This legislation, while reprehensible, is not terrorism.
         | Defining terrorism is particularly difficult (the UN has been
         | trying since the 60s and is trying again this year), but if all
         | intimidation for political gains is terrorism then so is every
         | other political ad from the last 30 years. Banksy would
         | probably argue that regular advertising also qualifies - after
         | all, that's what the "F" in "FOMO" stands for and beauty
         | products are definitely pushing an ideology.
         | 
         | You don't have to like the official definition of terrorism,
         | but that doesn't mean that you alone get to decide what it
         | should be.
        
           | varispeed wrote:
           | The irony is that we only get stuck in semantic arguments
           | because the authorities refuse to treat this as the kind of
           | act it actually is. If prosecutors applied their own
           | standards consistently, we wouldn't be debating vocabulary on
           | a message board.
           | 
           | Germany's criminal code already recognises coercion of a
           | population for political ends as a serious offence. If a
           | private organisation tried to impose a system that eliminated
           | private communication, criminalised encryption defaults, and
           | created a permanent climate of fear around ordinary speech,
           | they wouldn't get a policy debate. They'd get an arrest
           | warrant.
           | 
           | The only thing making this "controversial" is institutional
           | hesitation. Everyone knows issuing warrants against EU-level
           | actors would cause political embarrassment, so we pretend the
           | behaviour is something milder, something safer to
           | acknowledge. That gap between what the law says and what the
           | state is willing to enforce is exactly where tragedies start.
           | 
           | This isn't about inflating the meaning of terrorism. It's
           | about refusing to downgrade coercion just because it comes
           | from people in respectable offices. Words shouldn't shrink to
           | protect those in power. They should describe what is
           | happening.
           | 
           | edit: and whilst we are at the semantics - the word
           | "terrorism" comes from the French Reign of Terror, where the
           | state used fear as an instrument of governance. The original
           | meaning was quite literally state-driven intimidation of an
           | entire population to enforce ideological conformity.
        
       | maybelsyrup wrote:
       | If I'm an EU citizen, who do I call and email to yell at about
       | this? I assume my relevant MEP, but anyone else?
        
         | butz wrote:
         | https://fightchatcontrol.eu/#contact-tool
        
       | klabb3 wrote:
       | This can backfire bigly for the EU. The whole union is sustained
       | on shared values and interests. Sneaking in surveillance is
       | extremely offputting for the sentiment towards EU in many
       | circles. Every member state has plenty of skeptics who want to
       | brexit and this is gasoline for them. And rightly so. This isn't
       | a fluke from some misinformed non-technical stray politician who
       | "wants to save the children" (yes, they exist too), but rather a
       | deliberate anti-democratic sabotage of core human rights.
       | 
       | In a nation state, it's easier to pull off authoritarian shifts,
       | because citizens will not usually revolt over such things alone.
       | But the EU relies on sustained support and a positive image.
       | There are already at the very least 10s of thousands EU skeptics
       | created from the last wave alone, and probably much much more to
       | come.
       | 
       | Zooming out, I think this is the time when the EU is needed the
       | most, given the geopolitical developments. Both Russia and China
       | are drooling about a scattered Europe consisting of isolated
       | small states. That makes it more infuriating. Someone, ideally
       | the press, needs to dig into the people behind this and expose
       | them.
        
         | ntoskrnl_exe wrote:
         | This legislation has a potential to "radicalize" a lot of
         | people. I don't agree with many of the decisions by the EU, but
         | at the end of the day the pros do outweigh the cons and in a
         | hypothetical Brexit-like referendum I wouldn't consider
         | agreeing with leaving.
         | 
         | If this passes, however, the pencil in my hand would definitely
         | hover above the YES checkbox for a while and, actually, maybe
         | even tick it. This alone would be enough of a straw to break
         | the camel's back.
        
           | 0dayz wrote:
           | Unfortunately I don't think so, it'll be more the writing on
           | the wall or the canary ik the coal line but it wont
           | radicalize a lot of people I think because this legislation
           | won't rock the boat enough unless they fuck it up a la UK age
           | verification law.
        
             | andix wrote:
             | The UK normalized surveillance for decades. In most other
             | European countries this is a completely different story.
             | The backlash would be far stronger than in the UK.
        
           | andix wrote:
           | If they really ban everyone under 16 from texting, this would
           | also become kind of a time bomb. A lot of those affected
           | teens will be allowed to vote very soon. And they might have
           | a very different mental image of the EU than the generations
           | before. The EU used to be a gate to all of Europe, free
           | traveling, no cell roaming fees, Erasmus student exchange.
           | The next generation of voters might perceive the EU as some
           | dystopian institution that takes away fun and freedom.
        
         | pcrh wrote:
         | Agreed.
         | 
         | The strength of the EU is based on the EU institutions _not_
         | having too much power. It 's why the EU does not attempt to
         | expel, hopefully temporarily, reprobate nations such as
         | Hungary.
        
         | ThrowawayTestr wrote:
         | After Brexit no one's ever leaving the EU
        
       | nmeofthestate wrote:
       | I guessed the term Chat Control had to be made up by opponents of
       | the legislation, so searched for the real name. The official name
       | of the legislation is: "Proposal for a Regulation of the European
       | Parliament and of the Council laying down rules to prevent and
       | combat child sexual abuse" (COM/2022/209 FINAL). It is often
       | referenced more simply as the "Child Sexual Abuse Regulation"
       | (CSA Regulation).
        
         | cheschire wrote:
         | Oof good luck trying to convince a popular vote against that.
        
         | MrNeon wrote:
         | How Could You Possibly Be Against This?!?!? Regulation
        
         | psychoslave wrote:
         | Good, where do we start our "Proposal for a Regulation of the
         | European Parliament and of the Council laying down rules to
         | prevent and combat mass surveillance and protect children from
         | authoritative abuses through legislative threats on their
         | fundamental right to grow in democracy"?
        
       | baal80spam wrote:
       | It _will_ eventually pass, it 's EU after all.
        
       | christkv wrote:
       | I guess pretty much all of us will become criminals if this
       | passes. Have a phone that is running GrapheneOS you are a
       | potential criminal. Running linux probably also a potential
       | criminal.
        
       | esbranson wrote:
       | The "risk-mitigation" loophole in EU Chat Control uses the same
       | vague, discretionary language in the Digital Services Act that
       | Elon Musk and others warned lets regulators coerce platforms into
       | censorship and surveillance.
       | 
       | I think "oops" or "d'oh" are the phrases we're looking for here.
        
         | mk89 wrote:
         | Elon Musk said just the truth about EU until now. Why did he do
         | that, I don't care, but that's a fact.
         | 
         | Plus, when you see politicians react the way they did, it's
         | like a code smell.
        
       | oever wrote:
       | The original article says: "The legislative package could be
       | greenlit tomorrow in a closed-door EU working group session."
       | That was November 12th.
       | 
       | On the 13th, Breyer wrote:
       | 
       | > Yesterday, EU gov'ts rejected changes to mandatory backdoor
       | #ChatControl & anonymity-destroying age checks.
       | 
       | https://digitalcourage.social/@echo_pbreyer/1155418089245415...
        
         | isodev wrote:
         | Nothing greenlit in a "closed-door EU working group session"
         | can become law. These things need to go through all phases of
         | legislation including the approval of parliament.
         | 
         | So yes, if you don't like chat control, talk to your MEPs and
         | stop voting in populist ministers and council
         | members/presidents.
        
       | mk89 wrote:
       | It seems it was a matter of time.
       | 
       | Germany first voted against chat control 2.0, then they clarified
       | why they were against it, became "undecided". And now "Denmark"
       | came out with a (lighter) version "some others" are more willing
       | to vote for. [0]
       | 
       | What a joke. In front of our eyes.
       | 
       | Then they wonder why people hate their guts and are becoming
       | increasingly violent, euro-skeptical, etc.
       | 
       | [0]: https://euperspectives.eu/2025/09/germany-backtracks-chat/
        
       | hollowturtle wrote:
       | > to scan every private message, including those protected by
       | end-to-end encryption.
       | 
       | Then it's no end to end, or at least end to end while traveling
       | but easily collectible at rest, I mean it already is, who would
       | stop meta from collecting messages in clear on the whatsapp ui?
       | We should opt for a peer to peer solution or implement one
        
       | Cupprum wrote:
       | I sort of hope someone will leak all private information about
       | Peter Hummelgaard. He is one of the people behind this proposal,
       | just so he would get a taste of his own medicine.
        
         | wmf wrote:
         | That would only "prove" that government officials should be
         | exempt from government surveillance.
        
           | mszcz wrote:
           | Isn't it (ChatControl) also ,,marketed" as ,,safe and
           | secure"? If they (politicians) don't have their comms
           | backdoored and still get their data stolen, then why would I
           | trust them to secure (read ,,safely snoop on") mine or even
           | know what they're talking about?
        
           | Cupprum wrote:
           | God, thats a hard fight in that case :(
        
       | trallnag wrote:
       | This shady approach of trying it again and again is so disgusting
       | to me. Just be upfront about. If you will do it anyway at some
       | point, just fucking do it. It's not like other countries like
       | China that are much further than we are in this regard are in
       | constant turmoil over it. I guess we won't be either.
       | 
       | Instead we take a moral high ground over Russia banning and
       | blocking what are basically non-compliant messaging platforms and
       | pushing Russian citizens to Max, which is controlled by the
       | government. All the while these legislations in Europe will lead
       | to the same end result.
       | 
       | How am I supposed to to argue against chat control in Russia when
       | we are doing it too, just with a different twist.
        
         | bergfest wrote:
         | I second this. And it would only be half as bad, if there was a
         | chance to democratically undo this, when people realize the
         | consequences. But no, this will stay forever and only become
         | worse.
        
       | amarant wrote:
       | Again? Seriously? We shut them down, what, last week? They really
       | are going for the activism fatigue approach aren't they?
       | 
       | I wonder if one could train an LLM to automatically protest all
       | the new chat-control? This is getting ridiculous.
        
       | tomsmeding wrote:
       | > According to Breyer, the existing voluntary system has already
       | proven flawed, with German police reporting that roughly half of
       | all flagged cases turn out to be irrelevant.
       | 
       | A failure rate of only 50% is _absurdly good_ for a system like
       | this. If we have to:
       | 
       | > Imagine your phone scanning every conversation with your
       | partner, your daughter, your therapist, and leaking it just
       | because the word 'love' or 'meet' appears somewhere.
       | 
       | then apparently either there are so many perpetrators that
       | regular conversations with partners etc. are about as common as
       | crime, or such regular conversations don't have such a high risk
       | of being reported after all.
       | 
       | I don't think chat surveillance is a good idea. But please use
       | transparent and open communication. Don't manipulate us just like
       | the enemy does.
        
         | Humorist2290 wrote:
         | It is probably a reference to the report mentioned in this
         | article from September https://reclaimthenet.org/germany-chat-
         | control-false-reports...                 According to the
         | Federal Criminal Police Office (BKA), 99,375 of the 205,728
         | reports forwarded by the US-based National Center for Missing
         | and Exploited Children (NCMEC) were not criminally relevant, an
         | error rate of 48.3%. This is a rise from 2023, when the number
         | of false positives already stood at 90,950.
         | 
         | Indeed 50% false positive rate sounds surprisingly good, but
         | this is under the "voluntary scheme" where Meta/Google/MS etc
         | are not obligated to report. Notably missing from the article
         | is the total number of scanned messages to get down to 200k
         | reports. To my knowledge, since it's voluntary, they can also
         | report only the very highest confidence detections. If the
         | Danish regime were to impose reporting quotas the total number
         | of reports would rise. And of course -- these are reports, not
         | actually convictions.
         | 
         | Presumably the actual number of criminals caught by this would
         | remain constant, so the FP rate would increase. Unless of
         | course, the definition of criminal expands to keep the FP rate
         | low...
        
           | bbarnett wrote:
           | I feel this is a good place to add something...
           | 
           | I recall a half decade back, there was discussion of the quit
           | rate of employees, maybe Facebook?, due to literal mental
           | trauma from having to look at and validate pedophile flagged
           | images.
           | 
           | Understand there is pedophilia, then there's horribly
           | violent, next level abusive pedophilia.
           | 
           | I used to work in a department where, adjacently, the RCMP
           | were doing the same. They couldn't handle it, and were
           | constantly resigning. The violence associated with some of
           | the videos and images is what really got them.
           | 
           | The worst part is, the more empathetic you are, the more it
           | hurts to work in this area.
           | 
           | It seems to me that without this sad and damaging problem
           | fixed, monitoring chats won't help much.
           | 
           | How many good people, will we laden with trama, literally
           | waking up screaming at night? It's why the RCMP officers were
           | resigning.
           | 
           | I can't imagine being a jury member at such a case.
        
             | Eddy_Viscosity2 wrote:
             | Because of this issue, many departments put in much
             | stricter protocols for dealing with this kind of material.
             | Only certain people would be exposed to classify/tag it,
             | and these people would only hold that post of a limited
             | period of time. The burden on those people doesn't change,
             | but it can be diluted to mitigate it somewhat.
             | 
             | Its a real and sad problem, but not one that I think can be
             | fixed with technology. To much is on the line to allow for
             | a false positive from a hallucinating robot to destroy a
             | person(s) life.
        
             | qnleigh wrote:
             | I read about that here: https://erinkissane.com/meta-in-
             | myanmar-part-i-the-setup
             | 
             | This remains one of the best things I've found on HN.
        
           | gus_massa wrote:
           | OK, 50% "not criminally relevant".
           | 
           | How many of the other 50% were guilty and how many innocent
           | after an investigation?
        
         | beefnugs wrote:
         | Absurdly good? What are you talking about, it means entire
         | company processes of trying to identify this has cost so much
         | time and effort and tracking and lost trust from the public and
         | finally reporting... and then they still screw it up half the
         | time
        
       | periodjet wrote:
       | But I was told that the EU was the good guys...
        
       | srcreigh wrote:
       | Isn't there precedent for many other governments secretly or
       | openly doing exactly this? Snowden etc?
       | 
       | There's an arms race element to this that I don't see people
       | discussing.
       | 
       | Do EU citizens have any privacy from US tech? Is there anything
       | to protect?
       | 
       | Do we want the USA to have exclusive right to spy on the world?
       | 
       | Is it better to have 1 Big Brother or 10?
        
         | psychoslave wrote:
         | It's better to have zero big bully. It's actually the sole sane
         | desirable state of affairs.
        
       | rambojohnson wrote:
       | the comment thread here is obnoxiously naive, and speaks to the
       | privilege some people having been raised under the calm of
       | supposedly democratic societies.
       | 
       | you're all arguing about the syntax of rights while governments
       | rewrite the grammar. once a state decides ubiquitous surveillance
       | is necessary, it'll find or fabricate a justification. the "law"
       | doesn't restrain power, power instructs law where to kneel.
       | 
       | stop treating the ECHR like some talisman that keeps the wolves
       | at bay, as if authoritarian drift politely obeys paperwork. stop
       | playing with this whole "actually, the loophole is X," "no, the
       | loophole is Y," like you're debugging a bad API instead of
       | staring at the obvious: when a state wants to expand
       | surveillance, it does, and the justifications are retrofitted
       | later, be it "public safety", or "keeping your children safe."
        
         | JumpCrisscross wrote:
         | > _once a state decides ubiquitous surveillance is necessary,
         | it'll find or fabricate a justification_
         | 
         | This is defeatist, fatalist nonsense.
        
           | squigz wrote:
           | How?
        
             | JumpCrisscross wrote:
             | It's had to return. "Disguised."
             | 
             | It was defeated once. It can be again. What might change
             | that is lazy nihilism masquerading as wisdom.
        
               | squigz wrote:
               | I really don't see how GP's comment is lazy nihilism.
               | There's plenty of that in this thread, but I felt GP made
               | good points.
        
               | JumpCrisscross wrote:
               | > _don 't see how GP's comment is lazy_
               | 
               | It's arguing why something that just happened is
               | impossible. It's justifying not doing anything because
               | doing anything is pointless. Nihilism justifying
               | laziness.
        
           | demarq wrote:
           | You do realize the headline matches what you just quoted?
        
           | pksebben wrote:
           | Alternative take: OP meant that we ought not to trust any
           | justification for the expansion of surveillance like posted.
        
           | thrance wrote:
           | > Please don't post shallow dismissals, especially of other
           | people's work. A good critical comment teaches us something.
           | 
           | No, this is just being pragmatic and realizing that against a
           | sufficiently powerful authoritarian push, legal arguments
           | fall short. Until you address the root causes of something
           | like Chat Control being tried again and again until it
           | passes, any victory is just a brief respite.
           | 
           | You need political will to ensure freedom is respected and
           | wanted by all. After decades of media and reactionary
           | propaganda about crime scaremongering, it's hardly surprising
           | that politicians are able to draft such laws with a straight
           | face.
        
         | Centigonal wrote:
         | Let's be pragmatic about this. Chat Control and this new thing
         | are not post-hoc rationalizations, they are attempts to justify
         | a proposed change.
         | 
         | If this posited wannabe-surveillance state wanted to institute
         | ubiquitous surveillance, it would just unilaterally do so a la
         | PRISM. To our knowledge, they have not done this and are
         | instead trying to rationalize the creep of surveillance
         | somehow, which indicates that public opinion around these
         | initiatives still matters. Public opinion is something we can
         | all influence. Maybe discussing the legalese is a waste of
         | time, but discussing the rhetoric and how to combat it
         | definitely isn't
        
           | pksebben wrote:
           | I don't think it's about public opinion so much as pushing
           | the goalposts. The whole erosion of privacy since the 60s
           | (maybe further but at least since then) has been a 'boiled
           | frogs' situation.
           | 
           | What I think the endgame is here is to be able to do
           | surveillance out in the open, so you can have more human
           | resources doing it, and so you can use that surveillance
           | legally more often. If you have a clandestine surveillance
           | operation, you can only employ people you trust not to squeal
           | and you have to engage in parallel construction (or resort to
           | extralegal execution of force).
           | 
           | A lot easier if you can just point to a piece of paper and
           | say "but you said we could"
        
         | psychoslave wrote:
         | States are not all mighty entities acting without any
         | restriction. Wannabe rulers have to go through that kind of
         | abstract notions to manipulate people at scale, but they have
         | limited skills and abilities to use these tools that people
         | about m accept only under certain conditions.
         | 
         | ECHR is on same ontological level as the notion of state. If no
         | one concrete is willing to enforce it, it has zero agency.
         | 
         | Politicians can ignore constitutions like citizen can ignore
         | laws. Politicians can send military forces on manifesters, and
         | people can make politicians meet the guillotine.
        
       | andix wrote:
       | I just don't believe they would be able to roll it out. A lot of
       | messaging services won't implement chat control. If half of the
       | messaging apps are getting blocked, people will get angry.
       | 
       | There will be massive backlash towards EU. Texting is just so
       | embedded to the daily life, if the EU causes inconveniences or
       | trouble with texting, this might create massive anger. It could
       | start off Brexit-like campaigns in some countries.
       | 
       | I'm not saying that it is impossible this is going to be
       | implemented. But I think it's just some bureaucrats dreaming.
        
         | ThrowawayTestr wrote:
         | >A lot of messaging services won't implement chat control.
         | 
         | Why not?
        
           | andix wrote:
           | Signal already announced they won't add back doors, even if
           | it means they are going to be blocked.
           | 
           | Which is really funny, because the EU commission recommends
           | to their employees to use Signal for texting.
        
             | psychoslave wrote:
             | But MEP will be exempted, so they can continue to use
             | Signal. Rules for thy.
        
               | AlgebraFox wrote:
               | No. Signal will pull out their services from EU. Nobody
               | will be able to download or access Signal.
        
               | psychoslave wrote:
               | Well, unless https://github.com/signalapp becomes
               | inaccessible, I guess that "all you have to do" is run a
               | bunch of new instances of the server by ourself. Not sure
               | how complicated it is though.
        
               | andix wrote:
               | I don't think they will actively "pull" their services.
               | They are based in the US, and don't specifically target
               | EU customers. I guess they just won't comply and might be
               | blocked.
        
       | andix wrote:
       | Will it possible to "DDoS" those systems?
       | 
       | It can't be illegal to role-play a grooming situation between
       | consenting adults in a private conversation. If millions of
       | people do that, they must be buried in reports.
        
         | squigz wrote:
         | If you can coordinate millions of people to do... that,
         | couldn't you coordinate them to do something arguably more
         | productive, like voting against politicians/parties that try to
         | enact this stuff?
        
           | andix wrote:
           | There are millions of people voting against that stuff. But
           | it would require hundreds of millions to stop it.
        
       | txrx0000 wrote:
       | A device-side IP filter locked behind a password that parents can
       | configure in the device's settings would be much more effective
       | and easier to implement than censoring the Internet. This should
       | be the default solution, yet it's not proposed by governments.
       | These online content censorship laws for kids are wrong in
       | principle because parents are supposed to be in control of how
       | they raise each of their own kids, not the government or other
       | people.
       | 
       | The other excuse being used to push these laws is CSAM scanning.
       | But CSAM scanning ignores the actual problem, which is the
       | trafficking of children in physical space, not the tools used to
       | transmit and store child porn, which are general purpose tools
       | used to transmit and store anything. A society's efforts and
       | resources, as a matter of priority, should be spent on preventing
       | children from being trafficked in the first place.
       | 
       | These attempts for more surveillance and control are being pushed
       | under the guise of these very bad excuses, and we need to call
       | them out in every conversation to reduce the number of gullible
       | dorks that might vote for it.
       | 
       | People need to actually understand that governments are very
       | close to having the tools needed for authoritarian governance all
       | around the world. It might not happen immediately, but once the
       | tools are built, that future becomes almost inevitable.
       | 
       | We can't just hope to rely on technological measures because we
       | can't out-tech the law at scale all of the time. But we can and
       | should fight back on both fronts. On the technological front, the
       | first step is securing VPN access to ensure anonymity on the
       | Internet. The best effort at the moment IMO is SoftEther, which
       | is VPN over Ethernet wrapped in HTTPS.[0] It's open-source. It
       | has a server discovery site called VPNGate.[1] You can host a
       | server to let somebody else use, then use a server someone else
       | is hosting.
       | 
       | [0] https://en.wikipedia.org/wiki/SoftEther_VPN
       | 
       | [1] https://www.vpngate.net/en/
       | 
       | We're really only missing a few things before there's
       | decentralized VPN over HTTPS that anyone in the world can host
       | and use, and it would be resistant to all DPI firewalls. First, a
       | user-friendly mobile client. Second, a way to broadcast and
       | discover server lists in a sparse and decentralized manner,
       | similar to BitTorrent (or we may be able to make use of the BT
       | protocol as is), and we'd have to build such auto-discovery and
       | broadcasting into the client itself. Third, make each client
       | automatically host a temporary server and broadcast its existence
       | for other clients to discover.
       | 
       | If we can make and keep the Internet a free place, these
       | discussions can keep happening without fear of censorship and
       | prosecution, and people can coordinate to fight authoritarianism
       | and create better technologies to guard against it in the future.
       | This is very much doable if we tried. So let's ensure the free
       | flow of information is not a temporary blip in the long arc of
       | humanity's history.
        
       | NumberCruncher wrote:
       | I wish I would not have a standard post for topics like this:
       | 
       | Every time a surveillance system and violation of privacy rights
       | is advertised in the EU as a solution against child abuse and
       | trafficking I ask myself how such a system could have changed the
       | outcome of a case like Dutroux. Would have been the dozens of
       | witnesses and police officers involved in the investigation
       | suicided a way sooner, later, more silently, or at all? We will
       | never know...
        
         | themafia wrote:
         | Surveillance, as typically deployed, cannot _stop_ the acts of
         | abuse. It may be helpful in locating evidence that they
         | occurred, but by that point, you've already allowed nearly
         | irreparable harm to a child.
         | 
         | Even if it did work it would be completely ineffective at
         | reducing the number of victims. Even if it somehow did by proxy
         | then criminals would simply get smarter and find new ways to
         | completely evade this system.
         | 
         | I have a large amount of disrespect for people who should know
         | all this yet push these types of solutions anyways.
        
       | Vera_Wilde wrote:
       | Grateful for Breyer's consistent excellent work tracking and
       | opposing these proposals.
       | 
       | The Zombie proposal just keeps rising from the dead. The
       | technical/mathematical objections don't change.
       | 
       | I still haven't seen a counter-argument stating why a mass-
       | scanning architecture should be expected to work, given the base
       | rates and error rates involved.
        
       | zkmon wrote:
       | So, you want to negotiate on how much privacy you are willing to
       | give up in order to have a strong state-level control. But what
       | do you have at your disposal, to influence that negotiation?
       | Vote? Technology? Tariffs?
        
       | martin82 wrote:
       | At this point I 100% see the EU as a failed experiment and I
       | would love to witness a mass exodus of the slavic countries, and
       | then Germany and France. Burn this thing to the ground. Nothing
       | good came out of it.
        
       | bradley13 wrote:
       | They just try and try again. They only have to succeed. Once. The
       | people who care about privacy have to succeed every time.
       | 
       | The only real solution is to counterattack. Get legislation
       | through the EU parliament that _guarantees_ a right to privacy
       | and anonymity.
       | 
       | Dunno if there's any chance of that happening.
        
       | xcf_seetan wrote:
       | How about applying this kind of surveillance to the government?
       | After all we are paying for them to rules us, so why not publish
       | all government, politicians, law enforcement, military messages
       | for everyone to read? Why everybody must be treated as a
       | criminal, because they cant do their job of keeping us safe?
        
         | Snild wrote:
         | We have that in Sweden and Finland:
         | https://en.wikipedia.org/wiki/Principle_of_public_access_to_...
         | 
         | The principle says that information is non-confidential by
         | default, rather than the other way around.
         | 
         | We can request almost any information held by government
         | agencies, including copies of communication like email and
         | documents.
         | 
         | One thing that has surprised European acquaintances is the fact
         | that this includes government-held info about individuals, e.g.
         | address and tax returns.
        
           | Gud wrote:
           | Although this has been eroded, at least in Sweden.
           | 
           | https://www.publikt.se/debatt/insynen-maste-varnas-26420
        
           | CrazyStat wrote:
           | When I was in Sweden many years ago I was very surprised that
           | you could just call a phone number and they would tell you
           | the name and address of the person or company a vehicle
           | license plate was registered to.
        
           | nicce wrote:
           | Current Finnish governent is trying hard to hide what they
           | can, unfortunately.
        
       | xaxaxa123 wrote:
       | Is the EU still democratic? serious question...the public is
       | obviously against it, but they want this authoritarian law, no
       | matter what.
        
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