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by jan

Encrypted email provider Tuta warns EU privacy is at risk with Chat Control law [techspot.com]:

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Why it matters: Europe's privacy future could hinge on one country. With the October vote on the EU's Chat Control regulation looming, Germany's position may determine whether encrypted communications remain protected or whether the bloc moves toward a surveillance-heavy model that exposes private messages, photos, and files to government scrutiny.

Tuta Mail says it will sue if the European Union's proposed Chat Control regulation passes in October 2025. The encrypted email service says the measure is an unprecedented threat to privacy and security. It warns the law would require providers to scan all private messages, photos, and files – even those protected by end-to-end encryption – amounting to government-mandated surveillance. The law could force encrypted services to either compromise their protocols or exit the EU. Tuta views the proposal as a direct attack on both user privacy and the survival of privacy-focused businesses.

Formally known as the Child Sexual Abuse Regulation, the European Commission first proposed [europa.eu] the law in May 2022. Its stated goal is to combat [europa.eu] the spread of child sexual abuse material online. The regulation would require email, messaging, and cloud providers to detect and report illegal content. Enforcement mechanisms include client-side scanning, meaning the software on users' devices would check messages before encryption.

Critics argue that it undermines end-to-end encryption, exposes millions of private communications to potential surveillance, and could violate fundamental privacy rights guaranteed [edri.org] under the EU Charter of Fundamental Rights (EDRi document pool). European Union legal advisors have reportedly described the draft as disproportionate and unlikely to survive judicial review, and so far, the regulation has indeed struggled to gain traction.

EU Chat Control Proposal [scribd.com] by The European Commission [scribd.com]

TechRadar notes that the proposal remains [techradar.com] under debate in the EU Council, with a vote tentatively scheduled for October 14, 2025. The Danish presidency is currently pushing for adoption, but several member states, including Germany, Slovenia, and Estonia, have yet to take a clear stance. Amid this uncertainty, Tuta has been vocal about the law's impact on encrypted services.

Tuta CEO Matthias Pfau said the law would force providers like his to choose [tuta.com] between weakening encryption or leaving the EU.

"To us, it is a paradox that the German government has granted us €1.5 million to develop a drive solution with post-quantum encryption, and now EU politicians want to destroy this high level of security again with the Chat Control legislation," Pfau said in a recent Tuta blog post.

Pfau further criticized the regulation's exemptions for government and military communications, saying the law would surveil ordinary citizens while protecting state data. The CEO described the law as "mass surveillance disguised as child protection" and warned it could enable opaque AI algorithms to flag private messages and photos without oversight or warrants.

Tuta has positioned itself as a defender of digital privacy and encryption, and the company says it is prepared to challenge the regulation in court if necessary. German courts have historically struck down disproportionate surveillance measures, including data retention laws, suggesting that Chat Control could face similar legal challenges. Tuta says it will fight the law in court rather than weaken its encryption, warning that Chat Control's passage would undercut the balance between state surveillance and individual privacy in Europe.

Image credit: Prot Tachaparnit [amplix.com]

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