Preventing the dissemination of child sexual abuse material (CSAM) with surveillance technologies: The case of EU Regulation 2021/1232

IF 3.3 3区社会学 Q1 LAW

Computer Law & Security Review Pub Date : 2024-12-21 DOI:10.1016/j.clsr.2024.106097

Marcin Rojszczak

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引用次数: 0

Abstract

Online services are increasingly being used to distribute child sexual abuse material. Recognising this problem and responding to public pressure, legislators are introducing new electronic surveillance measures – to be used by private service providers in the performance of public tasks. An example of such a measure is EU Regulation 2021/1232, which provides the legal framework for technology providers to monitor electronic correspondence in order to identify cases of child sexual abuse and subsequently report them to law enforcement authorities.

Creating a legal framework for monitoring a large share of electronic communications causes such provisions to be part of a general norm instead of an exception – which is what interference with the secrecy of communications should be. This leads to questions about the necessity and proportionality of such a practice.

This article examines the genesis and purpose of the introduction of the Regulation, as well as the key concerns regarding its compatibility with EU law. It also explores the fundamental dilemma of whether modern surveillance measures are the right and necessary tools to not only fight but also to prevent the most serious crimes.

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来源期刊

Computer Law & Security Review LAW-

CiteScore

5.60

自引率

10.30%

发文量

审稿时长

67 days

期刊介绍： CLSR publishes refereed academic and practitioner papers on topics such as Web 2.0, IT security, Identity management, ID cards, RFID, interference with privacy, Internet law, telecoms regulation, online broadcasting, intellectual property, software law, e-commerce, outsourcing, data protection, EU policy, freedom of information, computer security and many other topics. In addition it provides a regular update on European Union developments, national news from more than 20 jurisdictions in both Europe and the Pacific Rim. It is looking for papers within the subject area that display good quality legal analysis and new lines of legal thought or policy development that go beyond mere description of the subject area, however accurate that may be.