Today, May 11, EU Commissioner Ylva Johannson announced a new law to combat online child sex abuse. This has an overt purpose, and a covert purpose.
The overt purpose is to pressure tech companies to take down illegal material, and material that might possibly be illegal, more quickly. A new agency is to be set up in the Hague, modeled on and linked to Europol, to maintain an official database of illegal child sex-abuse images. National authorities will report abuse to this new agency, which will then require hosting providers and others to take suspect material down. The new law goes into great detail about the design of the takedown process, the forms to be used, and the redress that content providers will have if innocuous material is taken down by mistake. There are similar provisions for blocking URLs; censorship orders can be issued to ISPs in Member States.
The first problem is that this approach does not work. In our 2016 paper, Taking Down Websites to Prevent Crime, we analysed the takedown industry and found that private firms are much better at taking down websites than the police. We found that the specialist contractors who take down phishing websites for banks would typically take six hours to remove an offending website, while the Internet Watch Foundation – which has a legal monopoly on taking down child-abuse material in the UK – would often take six weeks.
We have a reasonably good understanding of why this is the case. Taking down websites means interacting with a great variety of registrars and hosting companies worldwide, and they have different ways of working. One firm expects an encrypted email; another wants you to open a ticket; yet another needs you to phone their call centre during Peking business hours and speak Mandarin. The specialist contractors have figured all this out, and have got good at it. However, police forces want to use their own forms, and expect everyone to follow police procedure. Once you’re outside your jurisdiction, this doesn’t work. Police forces also focus on process more than outcome; they have difficulty hiring and retaining staff to do detailed technical clerical work; and they’re not much good at dealing with foreigners.
Our takedown work was funded by the Home Office, and we recommended that they run a randomised controlled trial where they order a subset of UK police forces to use specialist contractors to take down criminal websites. We’re still waiting, six years later. And there’s nothing in UK law that would stop them running such a trial, or that would stop a Chief Constable outsourcing the work.
So it’s really stupid for the European Commission to mandate centralised takedown by a police agency for the whole of Europe. This will be make everything really hard to fix once they find out that it doesn’t work, and it becomes obvious that child abuse websites stay up longer, causing real harm.
Oh, and the covert purpose? That is to enable the new agency to undermine end-to-end encryption by mandating client-side scanning. This is not evident on the face of the bill but is evident in the impact assessment, which praises Apple’s 2021 proposal. Colleagues and I already wrote about that in detail, so I will not repeat the arguments here. I will merely note that Europol coordinates the exploitation of communications systems by law enforcement agencies, and the Dutch National High-Tech Crime Unit has developed world-class skills at exploiting mobile phones and chat services. The most recent case of continent-wide bulk interception was EncroChat; although reporting restrictions prevent me telling the story of that, there have been multiple similar cases in recent years.
So there we have it: an attack on cryptography, designed to circumvent EU laws against bulk surveillance by using a populist appeal to child protection, appears likely to harm children instead.
2 thoughts on “European Commission prefers breaking privacy to protecting kids”
There have been many responses to the Commission’s attack on cryptography, including from the EFF, from EDRi, and from Bits of Freedom; see also the press coverage in Wired, Ars Technica and Tech Crunch.
There’s strong opposition to the chatcontrol proposal in Germany, whose government coalition agreement excludes mass surveillance. Here’s a piece in Heise, and an explanatory piece in English in Wired.