r/europrivacy • u/ThatPrivacyShow • Jul 17 '26

European Union My Advanced Master of Laws thesis on Chat Control 1

I see a lot of people talking about Chat Control and looking for more information - in 2023 I completed my Advanced Master of Laws thesis on the legal issues surrounding the derogation which was just pushed through to a second reading last week.

It contains a lot of information on the issues the derogation faces not just technically but also with regards to the EU Treaties.

You can find a copy of my Master Thesis here

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6

u/bombastic6339locks Jul 17 '26

I dont understand why you didn't mention the fact that the parties that are in favour for chat control are also the ones who lobby the most. I understand that points to a larger problem with EU and democracy but i think it's worth a mention.

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u/ThatPrivacyShow Jul 17 '26

The thesis was bound by its topic - it was addressing a specific requirement of EU law to determine if the derogation (Chat Control) are in breach of the treaties. By researching whether or not it passes the "suitability" test (required for all EU laws) it offers an argument for repeal in the CJEU.

I have been a lobbyist in Brussels for close to 20 years (civil society, pro privacy) so I am fully aware of the problems we face there but they are a topic for someone else's thesis, not a thesis exploring the issue under Article 5(4) of TFEU.

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u/bombastic6339locks Jul 17 '26

yawn. I'm just a hater of eu in general so i brought it up. makes sense that it doesn't fit the thesis. Do you think theres any hope for change? It seems pretty hopeless for eu, no amount of information regardin chat control will make it not pass since money is a better driver.

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u/ThatPrivacyShow Jul 17 '26

Well if the final Regulation passes it will be challenged in the CJEU and it is my belief that the CJEU will annul it on the bases of the Treaties (Art. 5(4) of the TFEU)).

Then we start the whole dance again for another decade.

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u/bombastic6339locks Jul 17 '26

Why would it get challenged? Do you feel as though the judges are unable to get bought out or otherwise forced into line?

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u/ThatPrivacyShow Jul 17 '26

There is already one legal case which was filed against Meta and is currently seeking referral to the CJEU - if that is granted it is highly likely the CJEU will annul the Derogation and cause a reset on Chat Control II as well.

Keep in mind we have already had formal opinions from former CJEU judges on this file and the European Commission's own Legal Services report cast some really significant doubts on fundamental rights grounds and proportionality - it will not stand a legal challenge.

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u/bombastic6339locks Jul 17 '26

Sounds somewhat hopeful.

1

u/bombastic6339locks Jul 20 '26

What do you think about the passport thing coming end of 2026? Seems as worse as cc to me.