EU Chat Control: Germany's position has been reverted to undecided (mastodon.social)

codeptualize 8 days ago

One interesting line in the proposal:

> Detection will not apply to accounts used by the State for national security purposes, maintaining law and order or military purposes;

If it's all very safe and accurate, why is this exception necessary? Doesn't this say either that it's not secure, or that there is a likely hood that there will be false positives that will be reviewed?

If they have it all figured out, this exception should not be necessary. The reality is that it isn't secure as they are creating backdoors in the encryption, and they will flag many communications incorrectly. That means a lot of legal private communications will leak, and/or will be reviewed by the EU that they have absolutely no business looking into.

It's ridiculous that they keep trying this absolutely ridiculous plan over and over again.

I also wonder about the business implications. I don't think we can pass compliance if we communicate over channels that are not encrypted. We might not be able to do business internationally anymore as our communications will be scanned and reviewed by the EU.

Bairfhionn 8 days ago

The exclusion includes politicians because there would suddenly be a paper trail. Especially in the EU there were lots of suddenly lost messages.

Security is just the scapegoat excuse.

munksbeer 8 days ago

> It's ridiculous that they keep trying this absolutely ridiculous plan over and over again.

There is a certain group of politicians who are pushing for this very hard. In this case, the main thrust seems to be coming from Denmark, but from what I understand there are groups (eg. europol) pushing this from behind the scenes. They need the politicians to get it done.

graemep 8 days ago

I think that one problem is that politicians defer too much to "experts" in decisions like this.

I cannot remember who it was, but one British prime minister, when told by intelligence services that they needed greater surveillance powers, told them essentially, that of course they would claim that, and firmly refused.

Politicians now mostly lack the backbone. That does not stop them ignoring expert advice when it is politically inconvenient, of course.

psychoslave 8 days ago

The problem is not they ask experts. Politicians are so utterly incompetent on the thing they are putting law on, at the level they will believe openoffice is a firewall[1]. That doesn’t mean all of them are that blatantly unaware of the basics for which they are supposed to decide of some rule, but that is definitely a thing.

The next thing is, do they know how to rely efficiently on a diverse panel of expert, or do they take only yes-man/lobby-funded experts around them?

On a deeper level, are they accountable of the consequences of their actions when they enforce laws which any mildly skilled person in the field could tell will have disastrous side effects and not any meaningful effect on the (supposedly) intended goal?

What we need is direct democracy, where every apt citizen have a duty to actively engage in the rules applied without caste exception.

Let’s protect children, yes. What about making sure not any stay without a shelve to pass the winter[2]? Destroying the right of private conversation except for the caste which decide to impose that for everyone else is the very exact move to offering children a brighter future.

[1] https://framablog.org/2009/04/02/hadopi-albanel-pare-feu-ope... [2] https://www.nouvelobs.com/societe/20240919.OBS93798/en-europ...

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codeptualize 8 days ago

Maybe we should scan their communications for corruption and undue influence. I'm sure it's all above board, so it should be fine if we get an independent group to review them right? (Just following to their reasoning..)

ulrikrasmussen 8 days ago

Our current minister of justice in Denmark, Peter Hummelgaard, says "yes" to everything proposed by the police and intelligence agencies. Meanwhile, he has demonstrated no ability whatsoever of understanding the technical challenges of implementing something like this, and he firmly insists on the false claim that it is possible to let the police read encrypted communication without compromising the security model. He also directly spreads misinformation and downplays the significance of this by falsely claiming that Meta and others already scan E2EE chats to show us advertisements. He has said that he wants a crime-free society, and I don't doubt that that is his goal. I just also think he is too stupid to understand that a crime-free society has never existed, and if it is attainable, then it is probably not a very free society.

All in all, he seems to be a scared, stupid sock-puppet of Europol.

johnisgood 8 days ago

And I doubt you achieve it by taking away people's privacy. There are bigger issues that need to be addressed and have nothing to do with E2EE. If they cannot address that, then ...? They just do not seem to care about what they are claiming to care about.

ThrowawayTestr 8 days ago

Trolltrace is becoming real

erlend_sh 8 days ago

That one line on its own should be enough put the illegitimacy of this proposal on clear display. Privacy for me (the surveillance state) but not for thee (the populace).

topranks 8 days ago

If you read it closely they are not mandating backdoors in encryption.

WhatsApp could still have messages end-to-end encrypted. What they would be mandated to do is for the app to send copies of the messages to WhatsApp for their staff to review the contents.

This obviously breaks the point of end-to-end encryption. Without actually making it illegal for them to use encryption, or add any “backdoor” so it can be reversed.

It’s a weasely way of trying to have their cake and eat it.

hsbauauvhabzb 8 days ago

So… a backdoor?

DaiPlusPlus 8 days ago

Not a backdoor, but a built-in snitch.

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max_ 8 days ago

> If it's all very safe and accurate, why is this exception necessary? Doesn't this say either that it's not secure, or that there is a likely hood that there will be false positives that will be reviewed?

Its all a scam! No one cares about you.

They are just setting up the new infrastructure to manipulate & control the docile donkeys more effectively (working class)

Unfortunately, they will be successful.

general1465 8 days ago

It is pointless exception. If chat control will pass, everything is vulnerable by design. Or how do you distinguish if WhatsApp is installed on a phone of Joe Nobody or or a phone of a politician? You won't, unless you have some list, which can be leaked and from "do not touch credentials" will turn "target these credentials"

eagleal 8 days ago

The exception means legally, that category of people, can't be prosecuted even if incriminating stuff were collected through such channels.

The next logical step, after a prosecutor or political push, would be for the Highest Order Courts of Member countries to invalidate evidence collected through such channels for those categories of people.

general1465 8 days ago

You are looking on it from a wrong perspective. You have access to communications of politicians, military and government apparatus. You can effectively control these figures through extortion (I know about your mistress) or blackmail (I picked up your kids from school today next time I may keep them for a while)

Politicians who are pushing these laws are having a feeling that bad things can't happen to them. However they are usually prime targets for bad things happening to them, because they are the ones wielding the power - if you can influence the politician, you can control his power.

jeltz 8 days ago

Nope, not in Sweden. Anything can be used as evidence here, even illegally obtained stuff.

codeptualize 8 days ago

Haha that’s a good point, I guess another sign that they really have no clue what they are doing

philwelch 8 days ago

“False positives” is the most likely explanation. A common tactic for government agents is to pose as criminals and extremists, either to more effectively infiltrate existing criminal or extremist networks or to run sting/entrapment operations.

gusfoo 7 days ago

> If it's all very safe and accurate, why is this exception necessary?

Because you'd be massively adding an attack surface on to National Security elements for no benefit to National Security.

pyuser583 8 days ago

I mean national security agencies usually have their own extensive internal monitoring.

EU rules typically contain carve outs for national security matters too.

This is a bad law, but these carve outs are normal and expected.

Carve outs for politicians are a different matter.

hopelite 8 days ago

[flagged]

throw-the-towel 8 days ago

As a Russian whose parents actually remember the USSR, I'm genuinely horrified by the Brezhnev vibes the EU's giving off.

jacquesm 8 days ago

As someone who lived in a country under the russian boot at some point and who remembers the USSR from direct experience, you probably have a lot of stuff to study up on. But be careful on what internet connection you do it.

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maybelsyrup 8 days ago

> and ethnic self-determination

Didn’t know where this was going but I’m glad you told us

actionfromafar 8 days ago

"intentionally mixed up to destroy it"

Can you expand on that.

baobun 8 days ago

You got me in the first half.

p0w3n3d 8 days ago

  Oh Harry, don't worry! Everyone can happen to have bloated his aunt by an accident! 
(quoting from memory), and also

  I like Ludo. He was the one who got us such good tickets for the Cup. I did him a bit of a favour: His brother, Otto, got into a spot of trouble — a lawnmower with unnatural powers — I smoothed the whole thing over."
Longhanks 8 days ago

This chat control topic is undemocratic, allegedly illegal in many jurisdictions (such as Germany), yet, keeps coming up ever and ever again, and the politicians face no consequences whatsoever.

Endeavour like these make people vote for extremists, distrust the EU and democracies, or just give up on politics for good. These EU politicians endangering freedom, justice and democracy must be held accountable, with the most powerful punishments available.

outime 8 days ago

>Endeavour like these make people vote for extremists

Maybe it's time to start considering the current individuals in power as extremists? Just because their speech is more 'peaceful' doesn't mean their actions aren't extremist in nature.

fsflover 8 days ago

> current individuals in power as extremists

Those who support and push anti-constitutional laws, maybe. All individuals in power, no.

outime 8 days ago

There's something called implicit context (this submission and the entire ongoing discussion), which clearly refers to the first group of people you mentioned. Why would I be talking about people who aren't involved in pushing this?

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AlecSchueler 8 days ago

> Maybe it's time to start considering the current individuals in power as extremists?

And what would this change?

outime 8 days ago

Usually, calling things by their proper name helps change perceptions, which often triggers other reactions. Language is very powerful.

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pclmulqdq 8 days ago

The people in power.

that_guy_iain 8 days ago

[flagged]

singulasar 8 days ago

or maybe let's not?

their actions are clearly not extremist, absolutely not perfect and not always equally democratic, but not extremist or violent like the actual extremists...

raxxorraxor 8 days ago

I do think the ambition to spy on all private communication to be quite extremist.

Especially Germany should know better. If you build two autocratic dictatorships on average per century, maybe start to take care that state powers are restricted.

The US is fully correct in its criticism of Germany regarding freedom of speech and house searches. Sure, on surveillance their arguments would be very weak...

Absolutely nothing positive will be gained by this surveillance, so there isn't even the smallest security benefit. On the contrary.

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AAAAaccountAAAA 8 days ago

Politics are an inherently violent affair. The government is simply a monopoly on legitimate violence. Politicians decide the laws, which result in people breaking them getting beaten up & dragged to a cell. Not to say this is always a bad thing: some people cannot be stopped from misbehaving just by talking, but it definitely is violent.

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Gud 8 days ago

Define "extremist". Many people would argue mass immigration is an extremist position but was the normal accepted position for the people in power within the European Union but was never a popular position with the populations of Europe.

So these so called <<right wing extremists>> represent the normal position.

gadders 8 days ago

It's the EU way - "We will keep holding the vote until we get the result that we want."

yohannparis 8 days ago

And who runs the EU? The MEPs and members of the countries government. It's not like it's a different country imposing their way onto us. Talk/contacts your ministers and MEPs if you want your voice to be represented.

shiandow 8 days ago

Right, because a commission that keeps bringing legislation to a vote until one of those two vote pools gets a majority, despite the law being against my government's constitution (in strong terms), and me having no way to stop it if all representatives of my country voted against, is totally not the EU imposing its way on my country.

pixelpoet 8 days ago

I did send hand-written mails to several German representatives, and this is how I was rewarded.

Obviously I'm not expecting that my actions alone are enough to get the outcome I want, but it's difficult not to feel the bite of "if voting changed anything, they would make it illegal." It's just going to be some other paid-for dickface in corporate pockets, every time.

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like_any_other 8 days ago

The problem is the indirection. Only the European Commission can propose legislation [1], so the legislative direction of the EU is entirely determined by them - MEPs can only slow it down.

And citizens don't vote for the Commission directly, meaning there's a lot of backroom dealing in its selection.

[1] Which also covers, I think, the act of repealing prior legislation.

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zx10rse 8 days ago

You can't be serious.

There should't be a discussion at all.

This law proposal is explicitly against the EU Charter of Fundamental Rights, the allegedly institutions that are supposed to upheld the charter are CJEU, European Commission, FRA, NHRIs, where are they?

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FpUser 8 days ago

>"Talk/contacts your ministers and MEPs if you want your voice to be represented."

And be told to sod off.

From Wikipedia: [0]-"Currently, there is one member per member state, but members are bound by their oath of office to represent the general interest of the EU as a whole rather than their home state."

[0] - https://en.wikipedia.org/wiki/European_Commission

Eddy_Viscosity2 8 days ago

> And who runs the EU?

How difficult is it to run? How much money do you need? What are the barriers to success? Is it set up so that only the already rich and powerful can run and win (and therefore they are just pushing their own interests), and if not do you need considerable financial support (and therefore are beholden to the already rich and powerful who funded your campaign)?

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Flatterer3544 8 days ago

While the EU foundation was laid out in a time much different to our modern times and the faults that rise with it, especially that the majority of the EU doesn't have the sway as a union should and that a single state can block all others.

But at least when it comes to Chat Control, it is not EU level, it's member states pushing for it and at least for now EU blocking it, so at least for once it is a good thing and the minority of ~8 states can still block it for the majority, block it for all 27 states..

justinclift 8 days ago

That approach has spectacularly backfired for the UK, as they used to do the same thing too. ;)

cynicalsecurity 8 days ago

UK is much worse than EU in terms of privacy and encryption.

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FirmwareBurner 8 days ago

What do you mean by backfire?

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aleph_minus_one 8 days ago

> It's the EU way - "We will keep holding the vote until we get the result that we want."

Exactly. There is a reason why more and more EU-skeptical movements gain traction in various EU countries.

delusional 8 days ago

EU skepticism is at a 15 year low, and general approval hasnt been higher since 2007.

Europeans in general like or is indifferent towards the EU.

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moffkalast 8 days ago

Yeah the Commission really needs to go, MEPs need to be able to propose laws. That's really all there is to it to fix the entire situation.

jonp888 8 days ago

Every country in the world has a "Commission". It's no different to the UK Civil Service or the various US Federal Governments. If it didn't exist then the EU would be unable to implement any of it's policies.

Can you explain how MEP's directly proposing laws would affect this? I really don't get it. In parliamentary systems it's normal that virtually all legislation originates in the executive. In the British parliament at least, that a law is privately proposed and then becomes law is rare and normally restricted to very simple legislation on specific issues.

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bluecalm 8 days ago

Don't forget "if we let people vote by some misfortune and their vote is opposite of what we wanted we will overrule it anyway".

SAI_Peregrinus 8 days ago

Not exclusive to the EU, the US does the same, as does the UK.

munksbeer 8 days ago

> It's the EU way - "We will keep holding the vote until we get the result that we want."

Please inform yourself or you're in danger of letting things happen through your ignorance. The commission is not pushing this. They're acting on instructions from a certain number of elected politicians.

And, you're misleading others when you post stuff like this.

None of us posting in these topics wants this proposal to pass. And in order to fight it, you've got to be correctly informed.

p0w3n3d 8 days ago

   It's Not Who Votes That Counts, It's Who Counts The Votes
- J.Stalin
Y_Y 8 days ago

> In democracy it's your vote that counts; In feudalism it's your count that votes.

- Mogens Jallberg

Regarding your Stalin "quote", please see https://www.snopes.com/fact-check/stalin-vote-count-quote/ .

ookdatnog 8 days ago

It's not undemocratic. The behavior of the parliament reflects the reality that only a tiny minority of the population care at all about this issue.

One might be tempted to blame a lack of media attention, but I don't think that's it. For example in the US, the Snowden revelations attracted tons and tons of media attention, yet it never became a major topic in elections, as far as I'm aware. No politician's career was ended over it, and neither did new politicians rise based on a platform of privacy-awareness. No one talks about mass surveillance today. No one cares. There is no reason to believe that the situation is different in Europe.

bondarchuk 8 days ago

Parliamentary democracy just fundamentally has a weakness when it comes to single-issue voting. After picking a party to vote on based on housing, economic policy, crime, ..., how much voting power so to say is left for.. which guy the party says they'll send to the european commission? And what that guy's stance on chat-control is? If they're even publicizing that...

account42 8 days ago

Not to mention that once voted in they are not bound by their campaign promises.

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ookdatnog 8 days ago

I think the primary positive feature of democracy is simply that we have regular peaceful transitions of power. I'm not sure that the fact that the people choose their own leaders by itself leads to higher quality leadership, or even leadership that cares more about said people. But the fact that the baton passes every couple of years is absolutely invaluable.

Ntrails 8 days ago

> how much voting power so to say is left for.. which guy the party says they'll send to the european commission?

Short of a direct (referendum based) democracy how do you resolve that?

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robertlagrant 8 days ago

> The behavior of the parliament reflects the reality that only a tiny minority of the population care at all about this issue

Then it's not very democratic to change it.

oaiey 8 days ago

Politician can not face consequences when they discuss something illegal. Politicians in parlaments literal job is to define legal and illegal. That they repeat that until success and against the perceived will of the general population is maybe a procedural problem (as in: do not disturb the legal body with stupid stuff) but it is still their job.

I 100% agree with your position. Chat control is basically an attack on every conversation everywhere because modern social habits are using it like my chat with my neighbors over the fence. It is not the same as mail interception it is much worse.

scythe 8 days ago

>Politician can not face consequences when they discuss something illegal.

Politicians can't face consequences from the legal system when they discuss something illegal. They can, and should, face consequences from the voters.

burnte 8 days ago

> and the politicians face no consequences whatsoever.

And who is going to hold them accountable? They make the laws, they're the ones who should know best this is illegal, so if they don't care no one else will. Voters? I live in America so I've lost a lot of faith in people voting for politicians who will protect their rights.

I legitimately have no idea how to fix this type of problem. We spent the better part of the 20th century setting up systems to enable people to thrive and have expanded rights. And now the generations that benefited from all of that want to tear it down and take us back to feudal times with unelected, unaccountable, all-powerful leaders and a nobility class that owns everything and leaving 95% of people live in poverty and sickness. It's like we forgot how to raise strong people with good morals.

p0w3n3d 8 days ago

European Commission is not a democratic body. No EU citizen voted for them.

munksbeer 8 days ago

The European Commission is a civil service drafting these proposals on instructions from elected politicians.

I am going to keep banging this drum because there is too much ignorance on this topic and it harms the fight against it more than helps.

qnpnp 8 days ago

By this logic, most of EU governments are not democratic bodies either.

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izacus 8 days ago

Good thing that elected parliament needs to vote for this. So what's your point?

izacus 8 days ago

I think the result of a referendum that would pose a question

"Do you want law enforcement to be allowed access to your private messages when investigating child molesters or would you like to listen to folks who put furry teen girls in front of their websites?"

would have results that you certanly wouldn't like. And they'd be democratic.

So perhaps before calling something undemocratic, first make sure that the majority of voters actually agree with you.

rollcat 8 days ago

Phrasing the question is half the battle.

"Do you want to be spied on by your government?"

Yes is yes, no is no, anything more comes from evil.

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moltopoco 8 days ago

The results of this past survey are not quite as gloomy:

https://www.patrick-breyer.de/en/poll-72-of-citizens-oppose-...

that_guy_iain 8 days ago

> This chat control topic is undemocratic, allegedly illegal in many jurisdictions (such as Germany), yet, keeps coming up ever and ever again, and the politicians face no consequences whatsoever.

How is it undemocratic? Arresting terrorists, drug dealers, child abusers, etc have no impact on democracy. And it's legal for the government to intercept your communications and has been for decades and in fact your communications have been mass monitored for decades and we still have democracy.

> allegedly illegal in many jurisdictions (such as Germany)

Germany is one of the leaders in data requests in the world. They're right on it.

> keeps coming up ever and ever again, and the politicians face no consequences whatsoever.

That's because we have a democracy and people vote on who they want. And if they do what people want they get another few more yeears. So these politicans just following the will of the people.

> Endeavour like these make people vote for extremists, distrust the EU and democracies, or just give up on politics for good.

Those people we can just ignore, they were always going to be on the fringe.

> These EU politicians endangering freedom, justice and democracy must be held accountable, with the most powerful punishments available.

They are not. You've just been blissfully unaware of the world you've been living in, and think this is something new. Nah, the only thing new is that everyone's messages are encrypted. That's the only new thing.

tjpnz 8 days ago

They need to be named. Shouldn't be able to go anywhere in Brussels (or any city in any member state) without seeing their photo and name on a giant bus shelter poster. I would throw some € in the direction of that.

nickslaughter02 8 days ago

Start with these:

Ylva Johansson from Social Democrats

https://en.wikipedia.org/wiki/Ylva_Johansson#Surveillance_of...

Peter Hummelgaard from Social Democrats

https://mastodon.social/@chatcontrol/115204439983078498

stateofinquiry 8 days ago

When the government is monolithic (which it tends to become) and holds a lot of power it is just a matter of time before "some animals are more equal than others". The best safeguards I know about are 1) limiting the power of government and 2) checks and balances on what powers they do have.

Nothing is perfect, and even having the two pillars above does not guarantee eternal justice (or even that the pillars will remain in place). But we can try to keep remembering and demand better. Sincerely: Good luck, EU.

zosima 8 days ago

Maybe those you call extremists are now the only sane people.

potato3732842 8 days ago

>This chat control topic is undemocratic, allegedly illegal in many jurisdictions (such as Germany), yet, keeps coming up ever and ever again, and the politicians face no consequences whatsoever.

Politicians are basically whores that only use their mouths. They'll say whatever gets them in office and keeps them there. Whether that's simping for extremists, special interests, the teacher's union, etc, etc.

The state(s) wants to snoop on the peasants' messaging and the state itself is an interest that politicians can get ahead by pandering to, no different than any other interest (from their perspective as politicians and more equal animals generally, not our perspective as less equal animals under the boot). When you're talking about elections like the EU's big interest groups, like the state, tend to dominate.

Quarrel 8 days ago

I'm not a fan, but in what was is this, or any other topic, undemocratic to have debates and votes on?

The sanctions politicians should face for bringing up unpopular topics should be that they don't get voted for.

> These EU politicians endangering freedom, justice and democracy must be held accountable, with the most powerful punishments available.

Yes. Vote them out. Keep raising it.

LikesPwsh 8 days ago

This topic is undemocratic because it's part of the constant attempts to rephrase and resubmit the same unpopular proposal.

It's p-hacking democracy. If a proposal has 5% chance of passing just resubmit it twenty times under different names with minor variations.

It wastes time that lawmakers could spend on proposals that the public actually want.

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rollulus 8 days ago

> Yes. Vote them out. Keep raising it.

How do I vote out hostile countries? I’m Dutch, what can I do with my vote to have effects on Denmark, which seems to be the biggest proponent of this BS?

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FirmwareBurner 8 days ago

>Yes. Vote them out. Keep raising it.

OK. How do I vote out Ursula vd Leyen?

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Xelbair 8 days ago

How do i vote out representatives not from my country? In this case my country is vehemently opposed to this.

How do i vote out representatives if all of them support the measure despite it being unpopular in my country, no matter the faction? That was the case with centralized copyright checking.

EU parliament, and especially EC, are so far removed from any form of accountability, that frankly votes are almost irrelevant - same factions form no matter who's there, and EC runs on rotation.

Lobbying takes prime spot over votes.

EU is sitting in the middle ground between federation and trade union... and we get downsides of both systems.

Kenji 8 days ago

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jokethrowaway 8 days ago

Democracy is incompatible with freedom by definition, it's the dictatorship of the majority over the minority.

Especially in a time where controlling public opinion is just a matter of running targeted ad campaigns on social medias and buying newspapers and tv stations.

If we like freedom we need to get rid of power centralisation, as much as possible, and give back the power to the individual by removing as many laws as possible and relying on privatisation and decentralisation.

But there is no one left to fight in the western world, everybody is glued to their smartphone and we're doomed to become the next China.

the_gipsy 8 days ago

> it's the dictatorship of the majority over the minority.

That's very naïve.

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kace91 8 days ago

The people doing the public opinion control you mention are powerful private interests.

What makes you think those people would be any less dangerous to your freedom when unbounded by law?

nickslaughter02 8 days ago

A few comments about the state of security and privacy in the UK so let me reply with a top level comment instead:

People forget that the UK has ChatControl. It was made into law as part of the Online Safety Act 2023. It has not been enforced so far because it's not "technically feasible to do so" and because companies threatened to leave the UK with their services. You can be 100% certain it will suddenly become feasible if EU does the same.

> The Act also requires platforms, including end-to-end encrypted messengers, to scan for child pornography, which experts say is not possible to implement without undermining users' privacy.[6] The government has said it does not intend to enforce this provision of the Act until it becomes "technically feasible" to do so.[7] The Act also obliges technology platforms to introduce systems that will allow users to better filter out the harmful content they do not want to see.[8][9]

https://en.wikipedia.org/wiki/Online_Safety_Act_2023

https://www.bbc.com/news/technology-66028773

yuumei 8 days ago

Worth noting that with RIPA (2000, activated in 2007) UK has enforced key disclosure. It is illegal to fail to disclose a password for any data for any reason (including random data).

I would say the UK has worse privacy than any other country on earth. I'm really hoping for plausible deniability to become more common to help protect against the government.

https://en.wikipedia.org/wiki/Key_disclosure_law#United_King...

nickslaughter02 8 days ago

More countries will follow after they ratify Russia's "United Nations Convention against Cybercrime" which has key disclosure explicitly stated in the text.

https://en.wikipedia.org/wiki/United_Nations_Convention_agai...

rollcat 8 days ago

> It is illegal to fail to disclose a password for any data for any reason [...].

So it's also illegal to not know the password?

I've forgotten my own debit card PIN or phone unlock code on a couple occasions.

> (including random data)

Encrypted data is indistinguishable from random data. The only hint is the presence of metadata (GPG armor, bootloader password prompt, etc).

This law is catch-all BS designed to persecute people for no other reason.

Tenemo 8 days ago

The UK has worse privacy than ANY other country on Earth? Really?

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Yokolos 8 days ago

I can't believe with our history involving the Third Reich and the Stasi that we aren't staunchly opposed. Especially with the impending political upheaval when AfD finally gets enough votes to form a ruling government. Our politicians are insanely shortsighted and somehow don't understand the danger they're enabling.

DocTomoe 8 days ago

You see, we the people are staunchly opposed. But the interests of our political leaders (we all know what 'leader' translates to) do not align with out interests. So ...

The problem is that this is not a party issue. This is a leadership issue. Power corrupts. The only way out of his is a massive overhaul of the political system that makes 'professional politicians' a thing of the past.

munksbeer 8 days ago

> You see, we the people are staunchly opposed.

Doubtful. We on hackernews are staunchly opposed. Most regular people either support or don't care.

patates 8 days ago

I didn't think this was even possible. Can EU laws actually override the constitutional rights of member states? I was under the impression that the principle of supremacy isn't absolute and doesn't extend to overriding a country's fundamental constitutional rights. If that's not the case, the danger isn't limited to just Germany. With authoritarian regimes gaining power everywhere, it would only take a few of them working together to pass an EU law that makes everything fair game.

aleph_minus_one 8 days ago

> Can EU laws actually override the constitutional rights of member states?

Sometimes yes.

> I was under the impression that the principle of supremacy isn't absolute and doesn't extend to overriding a country's fundamental constitutional rights.

What are a country's fundamental constitutional rights can be "dynamically adjusted" depending on the political wishes. :-(

> With authoritarian regimes gaining power everywhere, it would only take a few of them working together to pass an EU law that makes everything fair game.

There is a reason why more and more EU-skeptical movements gain traction in various EU countries.

piltdownman 8 days ago

For the most part yes, with caveats.

Specifically for Ireland, we are the only EU member state where the Constitution ordains a referendum to validate ratification of any amendments that result in a transfer of sovereignty to the European Union; such as the Nice Treaty which we can prevent from passing on an EU level. Ratification of other Treaties without the sovereignty component is decided upon by the states' national parliaments in all other member states.

Ireland, Netherlands, and Luxembourg also have veto powers when it comes to EU wide regulations. That's why Article 116 exists.

In the particular, the Seville Declaration recognised the right of Ireland (and all other member states) to decide in accordance with National Constitutions and laws whether and how to participate in any activities under the European Security and Defence Policy.

https://en.wikipedia.org/wiki/Seville_Declarations_on_the_Tr...

It's enshrined in German Case Law as 'Identitätsvorbehalt'.

https://www.bpb.de/kurz-knapp/lexika/das-europalexikon/30945...

The Polish constitutional court has also ruled that EU law does not supercede national law. Thus, primacy of EU law is wholly rejected in Poland.

https://www.euronews.com/2021/10/07/polish-court-rules-some-...

impossiblefork 8 days ago

No. The EU isn't a federation, there's no supremacy class. The member countries are sovereign and obviously can't go against their constitutions or basic laws.

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p_l 8 days ago

Privacy of communications is usually a normal law not constitutional principle, so slots perfectly fine without any supremacy issues between constitution and EU law.

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selfunaware 8 days ago

AfD is under the watch of spionage agencies but somehow they are THE risk, not the legacy parties and bureaucracy.

tgv 8 days ago

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croes 7 days ago

What did you expect? People voted for the party that gave the previous coalition a hard time because of the debt brake but totally ignored it as soon they came into power.

jjani 8 days ago

It's about as believable as a country with history involving the Third Reich and Stasi openly standing behind a country that the UN, and every relevant scholar on the subject, confirms is committing genocide.

In other words, it's very believable. It is incredible how billions of hours have been spent on Vergangenheitsbewältigung, and nothing has been learnt. Potentially the best phenomenon in existence at showing that humanity is, after all, so much less intelligent than it believes it is - that even after such a destructive event and so much performative effort at analysis and learning, the key takeaway did not become part of the social psyche whatsoever.

Stevvo 8 days ago

You say this while Germany is actively supporting a genocide in Palestine. The world has really turned on its head.

varispeed 8 days ago

> Third Reich and the Stasi

It looks like German population actually enjoys these things. Third time lucky?

edit: how would you explain lack of protests or that the authors of proposal don't face criminal investigation? After all this is authoritarian regime refresh, just without the labels.

WinstonSmith84 8 days ago

Yes, Germany is very hypocritical, a lot of people have short memories.

On another hand, Germany is on the spotlight because it's the country which is going to decide at the end. Less critics about the usual suspects who love to restrict personal freedoms like France, Spain, Italy ..

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dsign 8 days ago

I think the surveillance state is gonna stay; we have been slipping into it just so and every electronic system out there wants to spy on us, beginning with our Windows and Mac computers and even the Sonos speaker. Small mystery that police forces want their slice of pie so badly.

Freedom of expression has been of a limited nature already for some years (just cast Israel in a bad light in USA and see what happens). With the coming wave of AI-powered surveillance, which may be even powerful enough to read your sexual orientation from examining direction and duration of glances in survtech feeds, we just need a small misstep (say, another twin towers-type catastrophe) for even freedom of thought to become a privilege to be had in isolated and protected places.

Source: I write dystopias on the subject. https://w.ouzu.im

ptero 8 days ago

Freedom of speech is doing not great, but still OK in the US. The government is not prosecuting for speech, which is what the free speech protections can and should guarantee.

What now happens more is that big private companies, having huge influence on individual life in everything from communication to banking, attack people for their views. The cure for it might be to ease and speed up the way for people to push back against that. From de-monopolization to government mediators and arbitrage binding for companies (but not for the individuals so they can still sue), etc.

ookdatnog 8 days ago

> The government is not prosecuting for speech, which is what the free speech protections can and should guarantee.

This has absolutely started happening, albeit not yet on a large-scale, systematic basis. Mahmoud Khalil [0] resided in the US legally when he was detained with the intention to deport.

[0] https://en.wikipedia.org/wiki/Mahmoud_Khalil_(activist)

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DocTomoe 8 days ago

Between 'the government is no prosecuting for speech' and 'the government makes up unrelated charges when they do not like your speech', as seem to happen a lot these days is only a very, very thin line. Rümeysa Öztürk comes to mind [1].

[1] https://en.wikipedia.org/wiki/Detention_of_Rümeysa_Öztürk

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derelicta 7 days ago

Tell that to anti-genocide activists who get deported for saying things like "Killing children is wrong" or "Maybe we shouldnt export guns to a Pedo-State"

p0w3n3d 8 days ago

It's been constantly weakened and people were always saying "don't worry, we will find a workaround, we should do nothing".

nickslaughter02 8 days ago

> "I find it extremely worrying that the German government is so shirking its responsibility to take a position on this," said Left Party MP Donata Vogtschmidt, who chairs her group's digital committee. "Because in the Council of the EU, the current blocking minority against chat control depends directly on Germany." If the German government does not stick to the position of its predecessor, "the dam could break and the largest surveillance package the EU has ever seen could become reality."

> Jeanne Dillschneider, Green Party spokesperson on the committee, wrote to netzpolitik.org about her impression of the meeting: "The CDU/CSU, in particular, has often shown in the past how little the protection of fundamental digital rights means to them. I fear the same thing will happen now, even more so, with the CDU/CSU-led Ministry of the Interior." She therefore considers it "all the more crucial whether the Ministry of Justice upholds our fundamental digital rights during this legislative period."

> "I'm cautiously hopeful that some colleagues from the coalition parties apparently share my criticism of chat control," Dillschneider continues. "The question now will be whether they can actually bring themselves to reject chat control. However, I'm not particularly optimistic here."

> Dillschneider's committee colleague, Vogtschmidt, wants to ensure that the Bundestag is forced to take a position on the issue beyond statements made in committee meetings. This is permitted by Article 23 of the Basic Law, which allows parliament to adopt European policy statements. The government must then consider these in negotiations. Vogtschmidt believes: "Now I think chat control will have to be brought back to the Bundestag plenary session to raise awareness of this monstrous danger among a wider public. I will work towards this in the coming days!"

littlecranky67 8 days ago

Can someone please explain to me how that law will prevent anything or anybody from encrypted messaging, if I can just whip up a website and use javascript plus websockets/webrtc to implement encrypted chat? Like, yes, you can prevent the FANANG from implementing it, but criminals will just use the secure one...

topranks 8 days ago

It won’t.

It makes no attempt to outlaw encryption. We can still legally use PGP and completely avoid eavesdropping.

What it does mandate is that messaging providers who they will name (think WhatsApp, Signal), will be obliged to have people reviewing the content of all messages sent.

All but the stupidest of criminals will thus work around it, encrypting themselves over the top. While the average Joe gets all their messages read.

nickslaughter02 8 days ago

It will not. Criminals will move elsewhere and they will be spying on regular citizens. As intended.

cindyllm 8 days ago

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probably_wrong 8 days ago

I believe the concept is that I may not be able to jail you for your criminal activity but I can still jail you for breaking the encryption law.

But more generally I think one has to account for the power of the default option - with so many criminals posting their crimes on social media and/or their Venmo descriptions, the likelihood of criminals abandoning (say) WhatsApp and coding their own is rather slim.

rollcat 8 days ago

> [...] I can just whip up a website and use javascript plus websockets/webrtc to implement encrypted chat?

HTTPS relies on centralised authority. It's right there in the name: Certificate Authority.

Tell me, Mr. Anderson, what good is a phone call when you are unable to speak?

littlecranky67 7 days ago

chrome --disable-web-security

Here, fixed it for you Mr. Criminal.

sandstrom 8 days ago

This is the part that I think most politicians simply don't understand.

I've been trying to argue this point with my government several times (some MPs even replied friendly, so they'd actually read it, but still don't understand or believe it).

tomgag 8 days ago

I like to think I wrote a good analogy of what ChatControl/client-side scanning really is. They say "it's not a backdoor, it doesn't break E2E encryption", and they're right.

> It's like asking to an alcoholic schizo with a history of corruption, who only speaks Russian, and that you are forced by law to feed and host at your place at your own expense, to check your private letters before you're allowed to put them in an envelope.

https://gagliardoni.net/#20250916_clientside

https://infosec.exchange/@tomgag/115213723470901734

jcarrano 8 days ago

It's sad to see Germans have not learned the lessons of the past. If you are in Berlin I highly recommend the Stasi Museum to understand how dystopic mass surveillance can get.

DonHopkins 8 days ago

Wish we the public could read all the private chat logs of all the people who decided to be undecided.

bgwalter 8 days ago

It should be implemented for politicians:

https://en.wikipedia.org/wiki/Pfizergate

"Von der Leyen previously used her phone to award contracts worth several hundred million euros while acting as defense minister of Germany, effectively bypassing public procurement processes. She subsequently deleted all messages from her phone when investigators probed her. While awarding the COVID-19 vaccine contracts worth billions of euros as head of EU commission, she similarly bypassed procurement processes via her phone and withheld messages on it."

russnes 8 days ago

This insane push for surveillance and privacy infringements could be the catalyst needed for the next state exit from the EU

maxhille 7 days ago

I think the worst european country in terms of online freedom right now is the UK, which kind of defeats your point entirely.

saubeidl 8 days ago

and thus further decline of the only democratic superpower left? Why would that be desirable?

russnes 8 days ago

The EU is accelerating into a bureaucratic Rube Goldberg machine that does nothing except say the word Democracy out loud and tax their citizens

AndyMcConachie 8 days ago

As a Dutch citizen Chat Control is the first time I genuinely wish the Netherlands was not part of the EU.

Freak_NL 8 days ago

That seems naive — this was pushed by several Dutch ministers over the past decades. It would have been made law here in any case.

Law and order, tuff-on-crime political parties (PVV, VVD, CDA¹) just love the idea of control over citizen's chat messages.

This is not 'because of the EU'. We are part of the EU and influence its policies.

1: https://chatcontrole.nl/stemwijzer2023/

brainzap 8 days ago

Why cant they just record meta data and hand it out on courts order. Why must it be a backdoor

DoingIsLearning 8 days ago

This dystopian direction of the European Commission coincided with a lot of interaction between Thorn, the European Commission, and Europol. [0][1][2]

Thorn is coincidently is also the vendor of Spotlight, software which solves exactly the problem they are lobbying against.

Thiel's Palantir also has overlapping software capabilities and is also raising questions in their work with Europol. [3]

Connecting these dots was the only thing that made sense to me in order to explain why these repeated repackaged proposals keep steam rolling everything despite all the security concerns, unconstitutionality, and general lack of common sense.

[0] https://www.euronews.com/next/2024/07/18/european-ombudsman-...

[1] https://www.ftm.eu/articles/ashton-kutchers-non-profit-start...

[2] https://www.ombudsman.europa.eu/en/decision/en/200017

[3] https://www.cpomagazine.com/data-privacy/dutch-group-calls-f...

Kim_Bruning 7 days ago

So, does it make sense for citizens of other countries to call Denmark? Buy advertising on Denmark billboards? And can one do something in Germany?

tietjens 8 days ago

What does this mean for `Datenschutz` in Germany? I can't imagine the courts would let this stand.

eqvinox 8 days ago

Datenschutz doesn't prevent court-ordered telecomms surveillance either. This would presumably fall in the same category. (Or in fact be unconstitutional, as BVerfG has already ruled several times regarding blanket data collection in other context.)

tietjens 8 days ago

Ah, so my email address is highly private info. But all of my communications are not. Great.

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aleph_minus_one 8 days ago

> What does this mean for `Datenschutz` in Germany?

Datenschutz - Schmatenschutz.

"Datenschutz" is something that politicians talk about in their "Sonntagsreden" [Sunday sermons; a term hard to translate into English]. During the rest of the week, the politicians pass laws to gouge out civil liberties (because of "think of the children", "terrorists", "child abusers", "right-wing movements" - whatever is opportune in the current political climate).

tietjens 8 days ago

I get what you mean, but Datenschutz and the bizarre processes built to appease it make an appearance almost every day here.

coretx 8 days ago

Since it's politically incorrect to write nazi germany, ill just write Soviet Germany. This type of bullshit is rooted in their culture.

rdm_blackhole 8 days ago

Whatever happens, at least Signal will not be complicit in this shit show. Will WhatsApp and IMessage bend the knee? I guess we will see.

topranks 8 days ago

I mean it’s not hard to predict. Inevitably they will as their parent companies won’t give up such a big market.

How well a ban on signal would be enforced if they don’t comply would be interesting.

I still feel like this will fail to come into effect like all the other times. But we gotta keep eyes on it.

rdm_blackhole 8 days ago

Apple did not bend the knee in the UK, it forced the hand of the UK to reveal it's goals. Obviously we will see, I don't have much hope either. As for Signal, I hope they pull out as it will get media coverage somewhat on this issue.

AAAAaccountAAAA 8 days ago

I have understood that Whatsapp is not a terribly profitable product for Meta, so it is possible that it would just be withdrawn from Europe, instead of making expensive and controversial modifications.

iMessage is not really a thing in Europe. Apple phones are simply not popular enough here for it to be an useful feature. I guess Apple would just disable it for European users.

thegreatursula 8 days ago

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flanked-evergl 8 days ago

EU must go.

gpderetta 8 days ago

No EU means that most states would already have implemented Chat Control. Case in point, the UK.

flanked-evergl 8 days ago

If the UK citizens want Chat Control they should have it. If they don't, they should not elect a government that wants it. Same goes for almost every issue the EU is pushing. Not everyone in the EU needs Chat Control just because the UK citizens really want a government that will give them Chat Control.

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rdm_blackhole 8 days ago

No EU means that this law would have to passed in 27 different countries whihc would make it much harder to put this many people under surveillance.

So, in this particular case no EU would be a clear benefit because it would give us time to see the effect on this law on the neighboring countries first, just like we saw with the UK and the OSA.

I am becoming more anti-EU by the day and this is just one more nail in the coffin.

patates 8 days ago

Well that escalated quickly, didn't it?

jtbayly 8 days ago

Yes, the EU did escalate things to such an extent that absolutely countries should be considering leaving over the EU’s insane push to destroy all privacy and thus free speech.

anthk 8 days ago

No, just Ursula and lobbies among the Denmark wacko against privacy.

russnes 8 days ago

down with the EU

nickslaughter02 8 days ago

Good luck. EU has been producing one Europe crippling law and regulation after another and it still enjoys wide support for some reason. Ursula is facing two more no confidence votes in October so hopefully the tide is changing.

flanked-evergl 8 days ago

People were told the lie that without the EU there will be war again. Like the economic stagnation and decline of Europe is somehow the final solution and the end of history.

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0xy 8 days ago

The EU began as a simple customs bloc and negotiating tool. It has morphed into a blood sucking behemoth preventing growth and discouraging progress.

flumpcakes 8 days ago

People are so emotive about this issue and the online safety act in the UK. They jump to conclusions that applied to any other issue would be conspiratorial.

It's not about "control" and "spying". The fact is it is policing that has been made extremely hard due to technology.

silk road was only busted because the guy had his http proxy responding on the VPS's IP and not just the tor eth. Silly mistake and unfathomably good luck that someone in the investigating team was just googling around.

The politicians are lay people, and only have one tool in their toolbox: laws. So every solution is a legal one.

"Sorry we can't catch the people sexually abusing one million children every year because they use a VPN." Solution? Create a law requiring VPNs to be registered to a user with their address. There's no conspiracy here - it's simple cause and effect. This is a contrived worst case example because this level of accountability? is not currently proposed.

I would prefer other solutions, but these solutions are firstly much easier for the politicians to understand and also much cheaper to implement and see results.

Bairfhionn 8 days ago

But they do find them without the tools. Every other week there are terror suspects arrested. Every week some pedophiles are arrested.

If something does happen later it comes out that the suspects were known already but they just didn't act on the suspicion.

ethin 8 days ago

This is utter nonsense. The "technology and encryption make law enforcement harder" narrative is pushed by people to gain power. That's all there is to it. Technology has, if anything, made surveillance and law enforcement so much easier than it ever has been before. Law enforcement always wants to look helpless and like the victim though because they want absolute control over your life.

alexey-salmin 8 days ago

> Silly mistake and unfathomably good luck that someone in the investigating team was just googling around.

No, this is not "unfathomably good luck", this is how the system works. Most of crimes are repeated crimes, most of the criminals are serial criminals. People who obey the law, then break it once, then obey it ever since -- are very rare and even if they're not caught I wouldn't care much anyway.

And if you're a normal criminal doing your criminal stuff day after day and year after year you'll make mistakes. One of them will get you caught.

Never in the history of humanity did the law enforcement cast a net that caught 100% of crime, it always had been the game of probabilities, luck and persistence. Steal once and you'll likely walk away. Steal every day to make a living and you'll get caught many times in your lifetime.

pakitan 8 days ago

> "Sorry we can't catch the people sexually abusing one million children every year because they use a VPN."

Bullshit. The UK police basically ignored a pedophile ring under their noses, with zero VPNs involved. I'm not expert on the matter but I'm pretty sure a E2E is not an essential part of sexual abuse.

graemep 8 days ago

And the politician ultimately responsible for (as in "she was in charge and failed to prevent/deal with it") the worst child abuse scandal in the UK went on to hold more senior positions and Blair wanted to make her minister for children at one point.

account42 8 days ago

Exactly. Where is the outcry from the same politicians about the Epstein client list being shoved under the rug by the US? Nowhere? Then they don't actually care about protecting children.

dns_snek 8 days ago

Yeah, nonsense, bullshit, whatever you want to call it. Actual pedos will trivially bypass Chat Control by switching to a messaging service that doesn't enforce it, or even by sending encrypted ZIP files via any ordinary messaging service.

> silk road was only busted because the guy had his http proxy responding on the VPS's IP and not just the tor eth

Does this justify every browser reporting every URL you visit to the government, and implementing a government-controlled blocklist of URLs on the off chance that a criminal might use Chrome for their criminal activity?

flumpcakes 8 days ago

> Yeah, nonsense, bullshit, whatever you want to call it. Actual pedos will trivially bypass Chat Control by switching to a messaging service that doesn't enforce it, or even by sending encrypted ZIP files via any ordinary messaging service.

Yep, and then the politicians will create laws that outlaw encrypting zip files without a backdoor etc. That's my point, there's no nefarious plot here, it's just dumb laws to solve real problems.

I don't want these laws but they're going to be pushed while everyone is just pushing back on conspiracy grounds. That's not going to win over the average person.

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amelius 8 days ago

> This is not about catching criminals. It is mass surveillance imposed on all 450 million citizens of the European Union.

I think it is also about catching criminals. And they should change their wording to make it more correct, otherwise they will certainly lose this fight.

varispeed 8 days ago

Calling it “also about catching criminals” is a framing trick. Sure, if you surveil 450 million people you’ll find some criminals - that’s statistically inevitable. But you’ll also drag far more innocents into suspicion.

Even under generous assumptions - 0.01% offender prevalence, 90% detection accuracy, and just 1% false positives - you’d correctly flag ~40,500 offenders while generating ~4.5 million false alarms. For every offender, over 110 innocents are treated as suspects.

That imbalance isn’t collateral damage - it’s the defining flaw of mass scanning. It would overwhelm police, damage lives, and normalise suspicion of everyone. And “compromise” here only means deciding how much of that broken trade-off to accept.

amelius 8 days ago

> Even under generous assumptions - 0.01% offender prevalence, 90% detection accuracy, and just 1% false positives - you’d correctly flag ~40,500 offenders while generating ~4.5 million false alarms. For every offender, over 110 innocents are treated as suspects.

Playing devil's advocate here, but you can skew those numbers however you want. I.e., given any classifier and corresponding confusion matrix, you can make the number of false positives arbitrarily low, at the cost of more false negatives.

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pcrh 8 days ago

Agreed.

Targeted surveillance of individuals under suspicion can be legitimate, however it surprises me that such mass surveillance continues to be promoted again and again, despite it being demonstrably harmful. Along with breaking encryption, which would introduce risks of large financial and commercial harm.

I often wonder what arguments are actually deployed behind closed doors in favor of mass surveillance, apart from the ever-present "think of the children" argument. It can't be the case that the downsides of such surveillance are unknown to those supporting it (or maybe it can?).

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amelius 8 days ago

Yeah but that wasn't my point.

My point is that "this isn't about catching criminals" is the wrong wording.

You don't start a debate by twisting the words of the other party. No matter how right you are. Otherwise you will be seen as a pariah.

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maybewhenthesun 8 days ago

I agree. The opponents (I am one for sure) are often saying 'This is not about catching criminals'. And they are correct in the sense that it goes much further than catching criminals alone.

But there are a lot of people who are no experts in the matter (even among the politicians deciding this matter) and they will discard reasoning which start with 'it's not about catching criminals', because in many cases that is where the idea originates. Law enforcement has the problem that they can't really do (analog) wiretaps anymore in the digital age and they want to remedy that. However, everybody needs to realize that 'restoring the ability to wiretap' has side effects which are way more dangerous than the loss of the wiretap ability.

Okawari 8 days ago

I think 'restoring the ability to wiretap' is misleading as this is not 'restoring the ability', its more akin to 'wiretapping everyone all the time'.

Wiretapping requires probable cause and a court order in order to be used chat control does not. It will report thousands daily and no one will be blamed or punished for false reports which turned out did not have probable cause. It was a reactive tool in the police's arsenal, it was not proactive like this is supposed to be.

Wiretapping requires/required significant manpower investment in order to surveil a single potential criminal which rightfully forced the police to prioritize their resources. Chat Control is automated and will enable the same amount of police to police more people.

Wiretapping was not retroactive. This system will create records that can be stored for a long time for very cheap.

This is not restoring wiretapping, this is supercharging wiretapping.

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Nasrudith 7 days ago

Anybody who believes that it will be used on criminals instead of everyone is dangerously naive.

Lio 8 days ago

It seems to be mostly about mass survellance. The quote I've seen from Danish Minister of Justice, Peter Hummelgaard seems to make that clear:

> We must break with the totally erroneous perception that it is everyone's civil liberty to communicate on encrypted messaging services,

https://www.ft.dk/samling/20231/almdel/REU/spm/1426/index.ht...

What they want is everyone to be watched, all of the time. Crimes will be determined later.