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Showing posts with label Chat Control Regulation. Show all posts

Chat Control Faces Resistance from VPN Industry Over Privacy Concerns


 

The European Union is poised at a decisive crossroads when it comes to shaping the future of digital privacy and is rapidly approaching a landmark ruling which will profoundly alter the way citizens communicate online. 

A final vote on October 14 is expected to take place on September 12, 2025, as Member States will be required to state their position on the proposed Child Sexual Abuse Regulation — commonly referred to as "Chat Control" — in advance of its final vote. Designed to combat the spread of child abuse content, the regulation would place an onus on the providers of messaging services such as WhatsApp, Signal, and iMessage to scan every private message sent between users, even those messages protected from being read by third parties. 

The supporters of the legislation argue that it is a necessary step for ensuring the safety of children, but critics argue that it would effectively legalise mass surveillance, thereby denying citizens access to secure communication and exposing their personal data to the possibility of being misused by government agents or exploited by malicious actors. 

Many observers warn that this vote will set a precedent that could have profound implications for the privacy and democratic freedoms of the continent as a whole if its outcome were to turn out favorably. 

The proposal is called “Chat Control” by its critics, since it requires all messaging platforms operating in Europe to actively scan user conversations, including those that are protected by end-to-end encryption, in search of child sexual abuse material that is well-known and previously unknown. 

In their opinion, such obligations threaten to undermine the very foundations of secure digital communication, creating the possibility of unprecedented levels of monitoring and abuse, which advocates argue could undermine the very foundations of secure digital communication.

The VPN Trust Initiative (VTI), an organisation which represents a group of major VPN providers, has been pushing back strongly against the draft regulation, stating that any attempt to weaken encryption would erode the very basis of the Internet's security. VTI co-chair, Emilija Beranskait, emphasised that "encryption either protects everybody or it doesn't," imploring governments to preserve strong encryption as a cornerstone of privacy, trust, and democratic values, urging them to adopt stronger encryption. 

According to NordVPN's privacy advocate, Laura Tyrylyte, while client-side scanning is indeed a safety and security concern, it is not an acceptable compromise between an organisation's safety and security, contending that solutions must not be compromised in the interest of addressing a single issue alone. 

Moreover, NymVPN's CEO, Harry Halpin, condemned the proposal as “a major step backwards for privacy” and warned that, once normalised, such surveillance tools could be used against journalists, activists, or political opponents. In addition, experts have raised significant technical concerns with the introduction of mandatory scanning mechanisms, stating that such mechanisms will fundamentally undermine the technology underlying online security. 

Moreover, they are concerned that client-side scanning infrastructure could be repurposed so that surveillance is widened far beyond what it was originally intended to do, which runs counter to the European Union's own commitments under initiatives such as the Cyber Resilience Act and efforts to prepare for quantum cryptography in the future. 

However, a deeply divided political debate is ongoing in the EU. Eight member states have formally opposed the proposal, including Germany and Luxembourg, while fifteen others, including France, Italy, and Spain, are still in favour of the proposal. 

There is still some uncertainty regarding the outcome of the October vote because only Estonia, Greece, and Romania have not decided. In addition to the pressure being put on the EU Council, more than 500 cryptography experts and researchers have signed an open letter urging it to reconsider the risks associated with introducing what they consider a dangerous precedent for the future of the digital world in Europe. 

It has been suggested that under the Danish-led proposal, messaging platforms such as WhatsApp, Signal, and ProtonMail would have to scan private communications without discrimination. In their current form, the proposal would violate end-to-end encryption in an irreparable way, according to experts. 

A direct analysis of links, photos, and videos is part of the system that will run directly on the users' devices before messages are encrypted. 

Only government and military accounts are exempt from this analysis, with the draft regulation last circulated to EU delegations on July 24, 2025, claiming to safeguard encryption. Still, privacy specialists are of the opinion that true security cannot be maintained using client-side scanning. 

Laura Tyrylyte, NordVPN's privacy advocate, observed that "Chat Control's client-side scanning provisions create a false choice between security and safety." The solution to one problem, even a serious one like child safety, cannot be at the expense of creating systemic vulnerabilities that are more dangerous to everyone." 

Several other industry leaders expressed similar concerns as well, including Harry Halpin, CEO of NymVPN, who condemned the measure as “a significant step backwards for privacy.” He explained that the indiscriminate scans of private communications are disproportionate in nature, creating a backdoor that could be exploited if it is normalised. 

There is a risk that such infrastructure could easily be redirected towards attacking journalists, political opponents, or activists while also exposing ordinary citizens to hostile cyberattacks. In Halpin's view and the opinion of others, it is more effective to carry out targeted, warrant-based investigations, to take down illegal material swiftly, and to use properly resourced specialist teams rather than universal surveillance as a means of detecting illegal activity. 

However, despite the simple concessions made in the latest draft, such as restricting the detection to visual contents and excluding audio and text, the scientific community has remained steadfast in its criticism regardless of the concessions made. 

The researchers point out that there are four critical flaws to the system: the inability to scan billions of messages accurately; the inevitable weakening of encryption through the monitoring of devices on-device; the high risk that surveillance can expand beyond its stated purpose due to "function creep"; and the danger that mass monitoring in the name of child protection will erode democratic norms. 

While the EU has promised oversight and consent mechanisms, cryptography experts claim that secure and reliable client-side scanning cannot be performed at scale, despite promises of EU oversight and consent mechanisms. This proposal, therefore, is technically flawed as well as politically perilous. 

VPN providers are also signalling that they will not stand on the sidelines if the regulation is passed. Several leading companies, including Mullvad, a popular privacy-focused service, have expressed concern about the possibility of withdrawing from the European market altogether if the proposed legislation is passed. 

If this happens, millions of users will be impacted, and innovation in this field may be curtailed. Similar advocacy groups, including Privacy Guides, have sounded the alarm in the past weeks, warning that the new regulations threaten to undermine the privacy of all citizens, not only those suspected of wrongdoing, and they urge all citizens to take notice before the September 12 deadline. 

A growing number of social media platforms are also being criticised, and voices like Telegram founder Pavel Durov have pointed out that comparable laws have failed in the past, as determined offenders have simply moved to smaller applications or VPNs to avoid these weaker protections, which leaves ordinary users to bear the brunt. 

The debate carries significant economic weight. The Security.org website indicates that more than 75 million Americans already use VPN services to keep their privacy online. As Chat Control advances, this demand is expected to grow rapidly in Europe. As per Future Market Insights, by 2035, the VPN industry is expected to grow to a value of $481.5 billion; however, experts caution that heavy regulation may fragment the market and stifle technological development.

Denmark has continued to lobby for the proposal despite mounting opposition from civil society groups, technology companies, and several member states as the EU Council prepares to vote on October 14, as tensions are increasing. In recent weeks, citizens have taken to online platforms such as X to voice their concerns about the proposed legislation, warning that Europeans would not have fundamentally secure digital privacy. 

Analysts point out that in order to adapt to this changing environment, VPN providers may need to use quantum-resistant technologies faster or explore decentralised models, as highlighted in recent forward-looking studies, which point to the existential stakes of the industry. 

However, one central fear remains across all debates: once surveillance infrastructure is embedded in the environment, its scope is unlikely to be limited to combating child abuse. In their view, it could create a framework for broad and permanent monitoring, reshaping the global norms of digital privacy in a way that undermines both the rights of users and technological innovation in the process. 

A key question to be answered before the EU's vote on October 14 is whether it can successfully balance child protection with its longstanding commitments to privacy and digital rights while maintaining a sense of security. 

It is noted that decisions made in Brussels will have a global impact, potentially setting global standards for how governments deal with encryption, surveillance, and online safety, as experts warn. For legislators, the challenge is to devise effective solutions that protect vulnerable groups without dismantling the secure infrastructures that rely on modern communication, commerce and civic participation. 

One possible path forward, according to observers, could be bolstering cross-border investigative collaboration, strengthening rapid takedown protocols for harmful material, and building specialised law enforcement units which are equipped with advanced tools that are able to target perpetrators rather than citizens collectively, to achieve a better outcome. 

In addition to the fact that private measures would prove better at combating criminal networks, privacy advocates argue that they would also preserve the trust and innovation that Europe has championed for decades, as well as the sense of security that Europe has promoted for decades. 

There will be a clear indication of the EU's global leadership position in safeguarding both child safety and civil liberties through this decision, or whether it will serve as a model for other nations to emulate in terms of surveillance frameworks to maintain secure neighbourhoods.