Preventing the dissemination of child sexual abuse material (CSAM) with surveillance technologies: The case of EU Regulation 2021/1232

Abstract

Online services are increasingly being used to distribute child sexual abuse material. Recognising this problem and responding to public pressure, legislators are introducing new electronic surveillance measures – to be used by private service providers in the performance of public tasks. An example of such a measure is EU Regulation 2021/1232, which provides the legal framework for technology providers to monitor electronic correspondence in order to identify cases of child sexual abuse and subsequently report them to law enforcement authorities.

Creating a legal framework for monitoring a large share of electronic communications causes such provisions to be part of a general norm instead of an exception – which is what interference with the secrecy of communications should be. This leads to questions about the necessity and proportionality of such a practice.

This article examines the genesis and purpose of the introduction of the Regulation, as well as the key concerns regarding its compatibility with EU law. It also explores the fundamental dilemma of whether modern surveillance measures are the right and necessary tools to not only fight but also to prevent the most serious crimes.