Privacy Over Surveillance: EU Blocks Chat Control, Preserves Encryption Rights

The European Union’s proposed “Chat Control” regulation, aimed at scanning encrypted messages to combat child sexual abuse material (CSAM), faces significant political and technical challenges, with its future hanging in the balance. On September 12, 2025, member states were set to finalize their positions ahead of a potential October 14 vote, but the regulation encountered a pivotal setback as a blocking minority of nine countries—including Germany, Luxembourg, and Slovakia—opposed the Danish presidency’s push for mandatory encryption-breaking measures title1^[1]. Germany’s population of 83 million, representing 19% of the EU’s total, proved critical in forming a coalition exceeding the 35% threshold required to block the law title2^[2]. This development effectively stalled the proposal, which had previously failed to secure the 65% population support needed for passage title3^[3].

Critics argue that Chat Control undermines end-to-end encryption, a cornerstone of digital privacy, by requiring messaging platforms like WhatsApp, Telegram, and Signal to scan content before encryption. The Danish proposal, which included AI-based scanning and risk-based classifications, faced intense scrutiny from technologists and civil liberties groups. Over 500 cryptographers and security researchers from 34 countries warned that the technology is “technically infeasible” due to unacceptably high false positive and false negative rates title4^[4]. Additionally, the FZI Research Center for Information Technology highlighted the risk of “mass surveillance” and erosion of democratic values title1^[1]. These concerns align with the stance of major tech companies, which have threatened to exit the EU market rather than comply with the regulation title5^[5].

The potential collapse of Chat Control has sparked discussions about the rise of Web3 alternatives. Privacy advocates and industry leaders, including Diode CEO Hans Rempel and Brickken’s Elisenda Fabrega, argue that the law could accelerate migration to decentralized platforms, where encryption is embedded by design title6^[6]. Web3’s “not your keys, not your data” ethos positions it as a refuge for users wary of centralized surveillance. However, experts caution that such a shift might fragment the EU’s digital market and weaken its global influence on privacy norms title7^[7]. The regulation’s failure also preserves the EU’s existing legal framework, which has historically protected encryption under the Data Act and GDPR title8^[8].

Germany’s pivotal role in the debate underscores broader ideological divides within the EU. While 15 countries, including France, Italy, and Spain, support Chat Control, opposition from Germany and others reflects a prioritization of privacy over surveillance. The German Federal Ministry of the Interior explicitly opposed encryption-breaking provisions, citing constitutional concerns and historical sensitivities to state overreach title2^[2]. This stance, combined with technical and legal objections, has created a “blocking minority” that could prevent future iterations of the law from passing title3^[3].

Despite the current setback, Chat Control is expected to resurface under a future EU presidency. Historical patterns suggest that the proposal, first introduced in 2022, may return in modified form, though its implementation faces growing challenges. Constitutional constraints, industry resistance, and scientific consensus against mass scanning could further complicate its adoption. For now, the law’s failure offers regulatory certainty for technology companies and reinforces the EU’s commitment to encryption as a fundamental right.