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EU Council forces Chat Control via fast-track

heise.de

261–270 of 278 posts

Re: EU Council forces Chat Control via fast-track

#261
post #101

This means the council has systematically overridden the will of both EU parliaments and states' objections in pushing this legislation. TLDR: there are, roughly and not 100% accurately speaking, 4 ways to make legislation at the EU level 1) commission + parliament (meaning the EU commission has initiative (veto rights over any law, like the US president), and parliament can only "propose amendments", which pass with…

This is completely wrong. Under the ordinary legislative procedure (used for Chat Control 1.0 & 2.0) the Commission proposes an act, then the Council and Parliament can approve it, reject it or amend it. The act can be approved only if and when the Council and Parliament approve the exact same text

You are talking about the "ordinary legislative procedure", and that's how that works, indeed. Where you're wrong is that you're assuming it's the only procedure ... so here are the "special legislative procedures":

Consent procedure: where we are now. Technically this bypasses the EU commission, and only partially the EU parliament (and, the part not said out loud, due to bypassing the EU commission makes country vetos null and void, which is important in this case, because reasons)

Consultation procedure: 2 variants, one with and one without the EU commission.

And this is not yet even diving into "tricks" territory. This is all relatively above board, open for all to see and you don't have to puzzle things together. It gets worse, of course, you see, in order to join the EU you have to agree to a particular rule: that international trade treaties take precedence over a country's laws (and due to how EU legislation works, that means over EU legislation too). Do I really have to explain how that can be abused?

If need be, the council can proceed entirely on it's own and force laws onto the entire EU.

Start here: https://eur-lex.europa.eu/EN/legal-content/glossary/special-...

Re: EU Council forces Chat Control via fast-track

#262
post #250

Earlier quoted context omitted.

"If not for the EU, a much worse version of this would already be law in the nation states." In some, in some not. Not everyone is the UK. Many nations which had a totalitarian government in the 20th century are more wary about this sort of sweeping surveillance power. The "charm" of pushing this through the circuitous path via Brussels is that few people and even few media outlets are paying attention to what happen…

If the majority of national governments didn't want this, the Council wouldn't push for it. That's literally who the Council is composed of. I think a good step for transparency would be forcing Council votes to be open so the ire could be redirected at the appropriate national governments instead of letting them EU-wash their unpopular ideas.

That would definitely help a bit.

Re: EU Council forces Chat Control via fast-track

#263

Earlier quoted context omitted.

Exactly. As demonstrated by several countries pronouncing themselves against it every time this comes up. If the government of Denmark really wants to implement this, let them, but the idea that a tiny country's officials, elected by a population of 6M that their media managed to convince of the utopia to come when privacy doesn't exist, manages to make another 450M in 26 countries comply to their will (not to call i…

They are face-saving. Again, if the country didn't want this, their Council representative would have voted against it.

Sure, you are right, but that does not mean that the EU as such is totally innocent in this.

Most liberal constitutions of Europe operate on the principle that their governments cannot be fully trusted in execution of their power and need a lot of oversight from the people. This is a result of hundreds of years of bad experience with politicans who had too much power.

The EU is somewhat more idealistically built and thus easier to abuse as a loophole for pushing things that would domestically hit a lot of counter-wind - by the same governments that are domestically limited by their constitutional order, but nevertheless still full of power-hungry people who are seeking ways to increase their power.

Frankly, for me that means that the EU should be reformed to make that less easy, but a colossus of 28, soon-to-be-more countries is approximately as amendable as the US Constitution - theoretically, yes, practically, the hurdles are extremely high.

I don't think we can fundamentally solve the problem that politics attracts psychopaths. We can only limit their power, and that, as of now, works better on the national level than on the continental one.

Re: EU Council forces Chat Control via fast-track

#264

At that point it has become clear to most Europe is not a democracy anymore. It has lost any legitimacy.

What percentage of people support Chat Control?

Far less than a majority. I believe that is the whole point

Re: EU Council forces Chat Control via fast-track

#265

Earlier quoted context omitted.

No, I would rather people in this thread chilled with misinformation. My tone is appropriate.

I think those people are largely in your imagination. You seem to be assuming a whole lot of dark motives or unsavoury opinions in reaction to people simply saying the EU is not perfect. Unrelated to this chat, but I wonder what your political leaning is, just to understand where this aggressive defense of the EU is coming from. I assume you're not left or right, not radical in any direction. Would you describe yours…

> I think those people are largely in your imagination.

Nope, they are in this very thread, complaining about "unelected" officials.

Initially I dismissed this as a product of ignorance, but they keep repeating the same bullshit after being corrected. It is clearly bad faith.

> You seem to be assuming a whole lot of dark motives or unsavoury opinions in reaction to people simply saying the EU is not perfect.

That is not the argument. The EU is far from perfect, and if that's the discussion, I wouls have a lot of things to say about it.

> but I wonder what your political leaning is, just to understand where this aggressive defense of the EU is coming from.

I tend to see myself as left of center, although I did drift further to the left over time.

I am not from the UK to describe myself in in the UK political spectrum, although looking from the outside I have the impression Labour is largely ineffective and Starmer is (was?) running the government pretty much as the tories would have.

I am also not French. My understanding is that for French standards Macron is center-right?

Not sure if this answered your question.

Re: EU Council forces Chat Control via fast-track

#266
post #46

Earlier quoted context omitted.

The power of the European Commission to propose legislation needs to be curbed or removed entirely. Executive agencies shouldn’t be writing legislation. It’s far to easy for them to propose laws that benefit the the European Commission, rather than benefiting Europeans.

You're blaming the wrong people and making this worse. The article is literally about the EU Council, the elected heads of states of all the EU nations. The elected leaders of the EU nations really, really want chat control. The Commission has nothing to do with this.

The Council might be involved, but it’s the commission that drafts legislation, and they’re unelected.

Either way, drafting legislation should be the responsibility of the legislature (i.e the parliament), not the commission or the council.

Re: EU Council forces Chat Control via fast-track

#267

Earlier quoted context omitted.

the opposite question - why is it legal and was made legal? it's unconstitutional in most places to read letters - same thing should be applied to other form of communication as well

You're most likely replying to a professional Overton window mover.

you getting downvoted means you're right

Re: EU Council forces Chat Control via fast-track

#268
post #122

For context, this refers to "Chat Control 1.0", allowing facebook and other messaging providers to scan chats for harmful content (which they had been temporarily allowed to do by a recently expired law). This is still problematic, but the far more dangerous Chat Control 2.0 that would weaken end-to-end-encrypted messengers like Signal is not being discussed here. Not to diminish the gravity of the new development, b…

I think the problem is really that law enforcement have got used to outsourcing this kind of policing to private operated platforms (at least here in Germany). I was actually at the local police station because I notified them via an online mechanism about sth that looked very CSAM to me in a random forum tracking some gossip/Internet meme (actually I did not really look further than a title because that can be alrea…

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Re: EU Council forces Chat Control via fast-track

#269
post #261

Earlier quoted context omitted.

This is completely wrong. Under the ordinary legislative procedure (used for Chat Control 1.0 & 2.0) the Commission proposes an act, then the Council and Parliament can approve it, reject it or amend it. The act can be approved only if and when the Council and Parliament approve the exact same text

You are talking about the "ordinary legislative procedure", and that's how that works, indeed. Where you're wrong is that you're assuming it's the only procedure ... so here are the "special legislative procedures": Consent procedure: where we are now. Technically this bypasses the EU commission, and only partially the EU parliament (and, the part not said out loud, due to bypassing the EU commission makes country ve…

The ordinary legislative procedure applies to both:

- Chat Control 1.0 (now expired): https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A...

- Chat Control 2.0: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex:52...

In both cases you can read "Acting in accordance with the ordinary legislative procedure", and it's not possible to adopt a different one, since it depends solely on the appropriate legal basis for the act.

In fact, both are based on Article 114 TFEU, which reads: "The European Parliament and the Council shall, acting in accordance with the ordinary legislative procedure and after consulting the Economic and Social Committee, adopt the measures for the approximation of the provisions laid down by law, regulation or administrative action in Member States which have as their object the establishment and functioning of the internal market."

> and, the part not said out loud, due to bypassing the EU commission makes country vetos null

The Commission is not an intergovernmental institution. The "veto rule" exists in areas where the Council - not the Commission - acts by unanimity, which is not the case for article 114 TFEU (and all acts under the ordinary legislative procedure, unanimity is present in (most) SLPs only).

Re: EU Council forces Chat Control via fast-track

#270
post #183
post #74

Earlier quoted context omitted.

Call it what it is: Propaganda designed to stir anti-EU sentiment from groups that would benefit from being able to divide and conquer Europe.

Are you implying Denmark and other governments supporting it are pushing Chat Control as some sort of false flag operation to undermine the EU?

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