European Security — 2026-07-10
EU Parliament Revives Mass Scanning of Private Communications Through Procedural Maneuver After Previously Rejecting Proposal
BLUFEPP's procedural reversal of a clear parliamentary majority creates a reusable template for Chat Control 2.0, while Council acceptance of the encryption exemption by October 2026 remains genuinely uncertain.
The European Parliament revived the expired ePrivacy derogation known as Chat Control 1.0 on Thursday 1, letting platforms including Gmail and Snapchat resume voluntary CSAM scanning of private messages until April 2028 1. The European People's Party, led by Manfred Weber 2, forced the measure back after Parliament rejected it in March 311-228 2, using a second-reading procedure requiring a 361-vote absolute majority to block it 13. Of 607 MEPs voting, 314 opposed the measure, 47 votes short of that threshold 1; Euronews reported that Parliament President Roberta Metsola urged EU leaders in June to advance the legislation 2. Lawmakers separately adopted an amendment exempting end-to-end encrypted services from the derogation's scope 14, sending the amended text to the Council for a response due in October 1.
AnalysisWhether the Council accepts Parliament's end-to-end encryption carve-out by its October deadline is
genuinely uncertain: the amendment codifies existing practice rather than compelling new behavior, and the Council gains little by formalizing what it can otherwise leave unresolved. Rejection triggers a Conciliation Committee, though mass scanning under the revived derogation continues on unencrypted platforms regardless. This judgment carries moderate confidence, reflecting procedural reporting corroborated independently across advocacy, national-outlet, and official-record sources rather than a single feed, but no direct signal yet from Council deliberations. Article 294 TFEU's second-reading rules may simply be functioning as designed, favoring a negotiated Council text against a Parliament unable to muster an absolute majority to block it, rather than reflecting a unique EPP-engineered maneuver. The same arithmetic now hands EPP and the Council a reusable template for the stalled Chat Control 2.0 talks resuming in September, with the encryption boundary's status at that trilogue hinging on Council's October answer.
5 sources
- EU Parliament Passes Chat Control by Default: 314 MEPs Couldn't Block Scanning Law - Tech Times
- EU to extend temporary message-scanning regime to detect child sexual abuse online - Euronews
- Parliament forced back to the chat control question - EU Perspectives
- Return of Mass Scanning of Private Communications through Undemocratic Procedure - Center for Democracy and Technology
- Combating child sexual abuse online: support for more limited ePrivacy derogation - European Parliament
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