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Alexandra Reeve Givens President & CEO at Center for Democracy & Technology | Official website

Civil society urges stronger regulation against surveillance spyware

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The Centre for Democracy & Technology Europe (CDT Europe) has released its latest Tech Policy Brief, addressing significant technology and internet policy issues currently debated in Europe. The brief includes perspectives on digital rights and highlights the involvement of CDT Europe’s team based in Brussels.

In response to recent spyware attacks, CDT Europe and 30 civil society and journalists' organizations issued a joint statement expressing concern over the misuse of surveillance spyware within the EU. The coalition criticized EU institutions for failing to address these risks adequately, citing findings from the European Parliament's PEGA Committee that revealed unlawful use of spyware against journalists, human rights defenders, and politicians by several EU Member States.

"Our coalition called on the incoming EU institutions to...address the threats spyware poses to fundamental rights," reads part of the statement. The demands include banning spyware that violates fundamental rights, strengthening export controls, enhancing transparency in government contracts involving spyware, and consulting systematically with civil society during legislative processes.

Another critical issue covered is a new compromise proposal for the EU Child Sexual Abuse Regulation introduced by the Hungarian Presidency. Members of the Global Encryption Coalition Steering Committee have expressed concerns about mandated scanning for encrypted messaging services under this proposal. They argue that such measures undermine end-to-end encryption principles without effectively tackling child sexual abuse material (CSAM).

The brief also discusses future directions under Commission President von der Leyen's mandate letters. Emphasis is placed on developing a European Democracy Shield using frameworks like the Digital Services Act (DSA) to combat disinformation while ensuring freedom of expression is not compromised through over-removal of lawful content.

Von der Leyen tasked Commissioner-designate Henna Virkunnen with overseeing DSA enforcement and online child protection efforts. Michael McGrath will lead initiatives related to democracy, justice, rule of law, and digital consumer protections under DG JUST coordination with DC CNECT.

Additionally highlighted is CDT Europe's response to a call for evidence on guidelines for online protection of minors under Article 28 of DSA. The organization advocates for balanced approaches focusing on privacy-preserving age assurance methods, empowering user controls for minors online interactions, and including youth insights in guideline development.

On AI policy developments, Commissioner-designate Henna Virkkunen's portfolio will cover regional AI uptake facilitation but does not explicitly mention AI Act enforcement. A recent report from the European Parliamentary Research Service suggests revisiting and strengthening the draft AI Liability Directive (AILD). CDT Europe will participate as an expert organization in developing rules for General Purpose AI models under this directive.

Laura Lazaro Cabrera from CDT Europe participated in consultations organized by the European Committee of Regions regarding AI deployment challenges in public sectors. She emphasized careful adoption approaches due to resource-intensive obligations set by the AI Act.

Upcoming events include co-hosting today's Tech and Society Summit in Brussels focused on technology's societal impacts alongside environmental sustainability discussions; Global Encryption Day hosted by Global Encryption Coalition is scheduled for October 26th.

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