A new compromise text by the Swedish EU Council presidency on the legislative proposal to fight child sexual abuse material (CSAM) online makes significant amendments to the entire text, including the scope, labelling, and the planned new EU Centre.
The new text, dated 8 June and first leaked by Politico, is set to be discussed at the Law Enforcement Working Party, a technical body of the EU Council, on Tuesday (13 June).
Scope
As EURACTIV reported, while mentioning audio communications, previous versions of the text did not clarify if that included phone calls.
The new compromise text specifies that interpersonal communications services that consist of real-time audio communications should be excluded from the detection orders, whilst non-real-time audio communications such as voice messages remain in scope.
According to the text, the regulation does not apply to services used for national security, maintaining law and order or military purposes. Communication systems used for internal communications of an organisation are also excluded.
The definition of number-independent interpersonal communication services (NI-ICS) was also removed from the text, while number-based ones were put back into the scope of the regulation.
New label
Hosting services and interpersonal communications services like instant messaging apps will have to assess the risk of CSAM being circulated on their platform with national authorities having three months to evaluate if any risk remains.
If the authorities find that the risk assessment was carried out properly and that no additional mitigation measures should be taken, they must authorise a label designed by the yet-to-be-set-up EU Centre to be displayed prominently.
The EU Centre also must have a public registry about the ..
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