On Thursday, 6 November, the Danish Presidency of the Council of the European Union sent Member States a compromise proposal on the ‘CSAM’ proposal regarding the removal of child sexual abuse content from the Internet. The goal is for a qualified majority of Member States to reach a partial political agreement in December.
The legislative text that was sent to national delegations – seen by Agence Europe – faithfully reflects the approach that the Danish authorities are now advocating and that Member States’ permanent representatives to the EU (Coreper) approved on Wednesday (see EUROPE 13746/12).
The provisions (Articles 1 to 7) that would have obligated communications services and private messaging services to detect child sexual abuse material have notably been removed. Nevertheless, the European Commission is expected to be asked to evaluate – three years after the future regulation enters into force and, if necessary, every three years – “the necessity and feasibility” of introducing detection obligations. This assessment should include an analysis of existing technologies for detecting child sexual abuse material and the extent to which children are being solicited, including through encrypted private messaging services.
Member State experts will examine the Danish compromise proposal on Wednesday, 12 November. (Original version in French by Mathieu Bion)