I’m publishing an email I just sent to Ireland’s Minister for Justice, Jim O’Callaghan, on a truly hideous and anti-democratic European law that Ireland is strenuously supporting. It’s looking like Germany, which was strong on data protection, may crack and support this law, too. This week is make or break week for ‘chat control’, a proposal to insert message-scanning software on every European’s phone, ostensibly to scan for child sexual abuse material.

(I say ‘ostensibly’ because I cannot tell you how many times I’ve seen a draconian surveillance introduced “for investigating serious crime only” that is used within a few years to check if people are putting their bins out on the right day or sending their kids to the school in the right catchment area. Oh how fondly I remember the time, fighting the UK’s appalling, Labour-introduced surveillance regime in the early 2000s, when we scored a victory to reduce the acceptable reasons for broad surveillance to investigating murders and such, only for the Home Office to say ‘well, we can’t collect the data for use on less serious offences, but if we’ve already got it sitting there for the serious crime, nothing says we can’t use it for everything else, and boo to you too!)

Nowadays, I rarely use arguments of principle, because few justice ministers really have any. Nowadays, I try to have them imagine what it would and will feel to be in the maw of the monster they’re feeding. Sooner or later, we all will.

Dear Minister O’Callaghan,

As you may know, on 13-14 of October, EU governments will vote on the EU’s new Chat Control legislation (EU Regulation to Prevent and Combat Child Sexual Abuse (CSAR)).

As an international technology policy expert with over twenty years of experience, this is by my count the fifth time I’ve been through the encryption debate. Yet again, misinformed governments are attempting to destroy end to end encryption for everyone, based on the obvious and proven fallacy that you can weaken encryption to allow government access without destroying security for everyone.

Do you use a mobile phone, Minister? I expect you do, and I also expect that you take reasonable steps to ensure the privacy and security of your communications. If, however, you vote for the “chat control” proposal, you will break the secure, end to end encryption you personally rely on. And not just once, but for good. When it’s gone, it’s gone. And all of our security goes with it. [click to continue…]