3 ms·
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by dsign 3y ago
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Basically, it imposes an obligation on "information society
service" (the term uniformly used to denote anybody doing anything on the Internet as a service to somebody else) and on infrastructure providers. So it's not only your chat service, your telecom operator and your phone, computer OS and router who are mandated to spy on you in order to be able to abide. It also imposes compliance demands on "hosting providers", which means they are mandated to scan your website for keywords that may indicate dissension. Better to not speak of children or sex to be on the safe side.
The wording "obligation to detect" means that an encrypted binary blob stored at rest at a hosting provider or transferring over optic fiber is a violation of this law, since the "information society service" can't meet its "obligation to detect" on those. In simpler words, this law does not outlaws cryptography-per-se, but makes it so that "information service providers" are strongly discouraged from letting people have any.
Article I point 5 says that "end-to-end" encryption should be preserved, but note that I.5 and I.1 are compatible if the "information society service" implements client-side scanning. Point 4a was suppressed, which means "information society services" and hosting providers must scan customer data in search for illegal activity, in order to comply with I.1.
I.1 is compatible with I.3 to the extent a private person is not an "information society service". That is to say, EU citizens have a right to a private life and
family life and to freedom of expression and information in the web-server they run in their living room, running their own operating system, and connecting to the Internet through an illegal juncture on a copper cable.