As a collective, 18 European tech companies which specialise in encrypted email and messaging services have penned an open letter to ministers across the European Union (EU), expressing concern over proposed regulation on child sexual abuse. 

The draft regulation, nicknamed ‘chat control,’ requires mass scanning of encrypted communications, and companies argue that this measure will create security vulnerabilities, posing risks to citizens and businesses if integrated into EU law.

The tech companies argue that the proposed regulations conflict with existing EU regulations, such as the Cyber Resilience Act and the Cybersecurity Act, which endorse end-to-end encryption for managing cybersecurity risks.

The UK saw similar debate while the Online Safety Act was introduced. The controversial ‘spy clause,’ would have required platforms to monitor messages to curb the spread of child sexual abuse material.

The proposed clause sparked so much discontent that encrypted messaging apps such as WhatsApp and Signal threatened to leave the UK rather than abide. With Will Cathcart – Meta’s head of WhatsApp – even describing the bill as unprecedented in a liberal democracy, likening the restrictions to those he’s seen in Iran.

The Bill became law in the UK in October of last year, and while there is no encryption monitoring requirement at the moment Ofcom may still include it at a later time. 

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Now there is a deadlock between member states, the European Commission, and the European Parliament on the matter. The open letter called for a more measured approach to the regulation and encouraged support for an alternative proposed by the European Parliament, which is looking to uphold strong encryption in Europe. 

“We encourage EU Member States to continue championing the values of privacy, cybersecurity and data protection,” read the open letter. 

“These principles not only align with the EU’s commitment to human rights, but also serve as a foundation for a thriving and competitive business environment. Let us defend and strengthen these principles, ensuring that the EU remains an advocate of privacy in the global marketplace.