chris_explicare

Chat Control 1.0 is the voluntary carveout rolled forward, nothing more. Breyer is right that this locks the door on stronger action against the real drivers. Even 'voluntary' scanning runs into ePrivacy Article 5(1) and CJEU jurisprudance on general monitoring. Providers keeping client-side scanning are exposed the moment a national court tests it against La Quadrature. The child safety framing keeps eclipsing case law that already limits mass processing of private comms.

What's missing here is the extraterritorial angle. The Cloud Act lets US authorities compel Apple and Google to hand over user data worldwide, including EU residents who assumed GDPR covers them. It doesn't. Apple and Google are US companies, and GDPR Article 48's restrictions on foreign court orders don't apply to them. Those 100k users almost certianly include Europeans with no idea their download history was reachable by the DOJ.

I think this will further fuel asymmetric warfare. I am convinced that inexpensive, AI-controlled drones capable of swarming will become increasingly superior to traditional military warfare in the future. And Ukraine plays a huge role in this.