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Inside “EU Going Dark” The EU’s Push to End Private Messaging

Critics argue the secretive surveillance proposal would force companies to undermine encryption, threatening privacy and freedom across Europe.
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For those in, or knowledgeable of the EU system who at the same time make digital rights, online privacy and security their priority, the work is never done – the European Union’s bureaucracy keeps throwing new challenges their way.

A recent scheme – dubbed “EU Going Dark” – is detailed by lawyer, and former German member of the European Parliament Patrick Breyer, who says the EU Commission (EC) has been working on this surveillance, encryption-undermining plan behind closed doors.

If the accusations against the scheme are true, as far as the EC is concerned, that’s for good reason – even if one is unacceptable in a democracy. Namely, opponents like Breyer call the measures “tyrannical” in nature, with scope described as “frightening.”

The plan is said to be developed by the High-Level Group (HLG) on access to data for effective law enforcement.

The reported effort to make sure that the ongoing work on the package of measures remains far from the public eye has been successful – at least up to this point. Breyer notes that those behind the scheme had managed to keep it secret from most citizens, journalists, and politicians – but some documents are available.

The key takeaway from the plan – which is in the phase of impact assessment and implementation preparations – is the reintroduction of what Breyer calls indiscriminate mass collection of data pertaining to people’s communications, “without suspicion.”

The former MEP sees the plan to introduce this package of surveillance measures as non-transparent, while “rarely questioned.” And yet other than mass-scale data harvesting and retention, it also entails erosion of online encryption, which is necessary for a secure internet – from chats to bank transactions.

The plans outlined here mention encrypted messengers – however, once weakened, technically, and a matter of policy – or both – encryption is weakened for all.

Should it prove accurate, the extent of the upcoming operation being described as being massive is no exaggeration. Hardware manufacturers would be under obligation to make sure phones, “smart home” devices, cars, etc., are always “monitorable.”

One element of this comprehensive surveillance is forcing providers of encrypted messenger apps to allow for interception of content, prevent encryption of both subscriber information and metadata, and hand over to the authorities users’ GPS location for tracking.

Service providers and their representatives who refuse to comply would be punished, all the way to imprisonment.

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