Here's a quote from the article itself, which works for both pro and con arguments:
"What is still NOT being scanned: End-to-end encrypted chats, such as those on WhatsApp, have always been exempt from these scans. Additionally, European providers of messaging and email services have never implemented chat control measures."
As I'm not trained in law, I have no strong opinions on if this proposal is a net positive or negative, almost any big name LLM will do a better job than I can manage by looking at the legal text, stroking my goatee and saying "I recon…". But what I can say that I've just seen a headline about a class action lawsuit in the USA due to grok making CSAM and the company failing to assist the police in their investigations, and another about Meta facing a lawsuit in India for delivering advertising for CSAM on Instagram.My steelman in favour of the legislation:
The regulation closes a legal gap that would otherwise force platforms to stop using existing CSAM detection systems; it's a temporary framework that doesn't require universal mandatory scanning or ban E2EE, just keeps the legal basis for companies which choose to use detection/scanners while lawmakers continue negotiating a more comprehensive longterm solution.
My steelman against the legislation:
Scanning private communications, even allowing companies to "voluntary" do this, sets the precedent that the confidentiality of private correspondence is conditional rather than fundamental. Also, automated scanning inevitably has false positives. Also, has chilling effect on free speech, undermines trust in encrypted messaging.
Also, situationally, that it's "voluntary" means offenders can migrate to platforms which don't "voluntarily" do this.