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Comment by ErigmolCt | Hacker News Reader

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But it also leaves open the possibility for lawmakers to simply create a new law which allows snooping. What's "necessary in a democratic society" is also pretty open, and can change from one government to the next.

Scanning everyone’s messages does not meet the bar of necessity. Especially when you look at their reasoning, child safety. Every country in EU should be ashamed of the funding they give police to investigate and prosecute known abuse and abuse materials. When they’ve properly financed policing maybe then they can make an argument that additional steps are necessary but not before.

That is pretty much a carte blanche, not a high bar at all. We had house searches because someone called an official a dick.

The German "constitution" is simply not very good.

>That's a pretty high bar

Really? That reads as the lowest possible bar. The legislature just needs to pass a law that allows for the snooping and it is then in 100% compliance with that section. Not even to mention "necessary in a democratic society", I can't imagine wording more broad than that.

Which is /precisely/ what is going on right now:

ChatControl is a proposed new law, in compliance with the EU Treaty.

... Unless the EU courts find the law unconstitutionally broad.

And you can just say it is out of economic necessity and the constitution would mean shit, even with the EUs questionable legitimacy.

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