EU member states continue to be divided on the controversial CSAM-scanning plan — but how long will this division persist?

A critical legislative proposal within the European Union aimed at combating child sexual abuse material (CSAM) by potentially scanning photo and video uploads using AI has encountered significant opposition, stalling progress as key EU lawmakers remain divided.

The proposal has sparked widespread criticism from various quarters, including major messaging app providers like WhatsApp, privacy-focused platforms such as Signal and Proton, legal and data protection experts, civil society groups, digital rights advocates, and a majority of lawmakers across the political spectrum in the European Parliament. These opponents argue that the plan threatens encryption and fundamental rights such as privacy, potentially undermining democratic freedoms within the EU.

Concerns also extend to the effectiveness of the proposal in achieving its intended goal of protecting children. Critics fear that AI-based scanning systems could lead to a flood of false positives, overwhelming law enforcement agencies with irrelevant data from everyday app users’ messages.

Recently, a meeting of ambassadors representing the EU’s 27 member states was scheduled to finalize a negotiating mandate with the European Parliament on the proposal. However, the Belgian presidency withdrew the item from the agenda as it became evident that consensus among member states was elusive.

Belgium’s spokesperson confirmed that the meeting aimed to achieve a qualified majority but acknowledged that the required support could not be secured. As a result, further consultations among member states will continue in an effort to bridge the divides and refine the legislative text.

The EU faces a significant challenge in balancing the imperative to combat CSAM effectively while respecting privacy and maintaining robust encryption standards. The ongoing debate underscores the complexity and sensitivity surrounding digital rights and law enforcement efforts in the digital age.