Chat Control 1.0 and 2.0 Explained
摘要
文章解释欧盟正在并行推进的两个 Chat Control 法案：Chat Control 1.0 是 2021 年临时豁免条例，已于 2026 年 4 月到期，因议会拒绝延长而废止，但欧盟理事会推动通过正式新法规以同等内容快速复活，目前已获理事会立场，议会紧急投票在即，可能自动通过；Chat Control 2.0 是永久儿童性虐待材料检测和报告提案，仍处于五轮三方谈判（trilogue）中，无协议，核心争议在于是否强制对私人通讯进行无嫌疑扫描以及是否覆盖端到端加密消息，议会立场更限制化，理事会 2025 年立场软化后德国表态反对强制扫描。文章还附上详细时间线，从 2021 年通过到 2026 年最新进展，强调两者同时推进需关注。
荐读理由
目前Chat Control 1.0已法律失效但议会紧急投票通过即自动恢复扫描的实质内容，Chat Control 2.0仍僵持在扫描私信是否必查的问题上
原文
Chat Control 1.0 and 2.0 Explained
There is not one proposed “Chat Control” law — there are two, and they are moving through the EU institutions in parallel. This is why the news can seem contradictory: one Chat Control was "stopped" in March 2026, yet another is still being negotiated, and the first is now being revived. This page untangles the two.
Chat Control 1.0
Regulation (EU) 2021/1232 — the "temporary" law
Expired 4 April 2026 — revival in progress
What is it?
A temporary derogation from the ePrivacy Directive that allowed (but did not require) providers to scan private messages of unsuspected users for potential child sexual abuse material.
Is scanning mandatory?
No — voluntary. In practice used mainly by unencrypted US services such as Gmail, Facebook/Instagram Messenger, Skype, Snapchat, iCloud Mail, and Xbox.
Does it touch encrypted messages?
No. End-to-end encrypted communications were never scanned but providers could deploy client-side scanning under this law.
Status today
Legally expired since 4 April 2026 after Parliament refused to extend it. The Council is now attempting an unprecedented fast-track revival via a formally "new" law with identical content.
Chat Control 2.0
CSA Regulation (CSAR) — the permanent proposal
In trilogue negotiations — no agreement
What is it?
A proposed permanent regulation that would make detection and reporting of child sexual abuse material a legal requirement for digital platforms.
Is scanning mandatory?
That is the core of the fight. The original proposal mandated scanning of private communications; the Council’s 2025 position shifted to “voluntary” suspicionless detection plus broad risk-mitigation duties that incentivise scanning anyway. The Parliament’s position is that scanning of private communications must be limited to individual users or a specific group of users suspected of links to child sexual abuse, and that a court order is required; implementation of the order would then be mandatory.
Does it touch encrypted messages?
Potentially yes — inclusion of end-to-end encrypted messengers remains contentious between Parliament and the Council.
Status today
Five trilogue rounds have failed to produce a deal. The supposedly final trilogue on 29 June 2026 collapsed over suspicionless scanning; negotiations continue under the Irish presidency.
Timeline: Chat Control 1.0
The temporary, voluntary scanning regime — adopted in 2021, rejected by Parliament in March 2026, expired in April 2026, and now the subject of an unprecedented revival attempt.
Jul 14, 2021
Temporary derogation adopted
Regulation (EU) 2021/1232 creates a temporary exception to the ePrivacy Directive, giving providers a legal basis to voluntarily scan private messages for child sexual abuse material. Originally set to expire 3 August 2024.
Apr 29, 2024
First extension
With the permanent regulation (Chat Control 2.0) nowhere near agreement, the derogation is extended until 3 April 2026.
Dec 18, 2025
Commission proposes second extension
The Commission proposes extending the derogation by another two years, to April 2028.
Mar 2, 2026
LIBE committee rejects the extension
In a surprise vote, the Parliament's civil liberties committee rejects the draft extension by 38 votes to 28.
Mar 11, 2026
Parliament adopts a protective position
The plenary votes 458–103 for a compromise: extend to 2027, but only with targeted and proportionate detection of known content, no end-to-end encrypted communications, and limiting scanning to suspected users or groups identified by the competent judicial authority.
Mid-Mar 2026
Trilogue on the extension collapses
The Council rejects Parliament's conditions and shows no flexibility in negotiations; talks on the extension break down.
Mar 26, 2026
Parliament rejects the extension outright
311 MEPs vote against extending the derogation (228 in favour, 92 abstentions). The critical Amendment 34, rejecting automated assessment of unknown photos and texts, passes by a single vote (307–306).
Apr 4, 2026
Chat Control 1.0 expires
The legal ground for voluntary, indiscriminate scanning ends. Google, Meta, Microsoft, and Snap state they will continue scanning private messages regardless.
Jun 26, 2026
Council moves to resurrect the expired law
EU ambassadors agree to push a temporary revival — unprecedented, as Parliament's rejection was considered final. Because an expired regulation cannot be extended, the Council proposes a formally new law with identical content via an expedited procedure.
Jul 2, 2026
Council adopts its position
The Council adopts its position on the "new" regulation via written procedure.
Jul 7, 2026 (expected)
Urgency vote in Parliament
The draft is on Parliament’s agenda for deciding on whether to apply the urgency procedure, just before summer recess. If the urgency is approved, the proposal will skip the standard route to the responsible Committee for drafting a recommendation, and will be voted directly on Thursday. Treated as a second reading, an absolute majority of all MEPs would be needed to stop or amend it — a very high hurdle. This is happening now.
Timeline: Chat Control 2.0
The permanent CSA Regulation — proposed in 2022, deadlocked for years, and still unagreed after five rounds of trilogue negotiations. Encryption remains the red line.
May 11, 2022
Commission proposes the CSA Regulation
Home Affairs Commissioner Ylva Johansson unveils a proposal for a permanent regulation making detection and reporting of child sexual abuse material a legal requirement for platforms — including a requirement to bypass end-to-end encryption.
Nov 2023
Parliament adopts a protective mandate
No scanning of end-to-end encrypted services, detection limited to visual material, judicial warrants targeted at specific suspects, and no mandatory age verification.
Oct 2025
Germany breaks the Council deadlock
After years of Council deadlock, Germany announces it will vote against mandatory suspicionless scanning. The Danish presidency drops detection orders and shifts to risk assessment and mitigation obligations for providers, while proposing to make the voluntary suspicionless scanning (interim regulation) permanent.
Nov 26, 2025
Council endorses its position
The Council adopts the softened Danish compromise, opening trilogue negotiations. Critics note the text still allows “voluntary” suspicionless detection and imposes broad risk-mitigation duties, including mandatory age verification, that could reshape private messaging in practice.
Dec 2025 – May 2026
Four trilogue rounds
Negotiations between Parliament, Council, and Commission take place on 9 December 2025, 26 February, 16 April, and 11 May 2026 — without agreement on the core issues.
Jun 10, 2026
Council's own lawyers raise the alarm
The Council Legal Service states that the "voluntary" scanning proposal still constitutes generalised scanning of communications — incompatible with Article 7 of the EU Charter absent reasonable suspicion and prior judicial authorisation.
Jun 29, 2026
"Final" trilogue fails
The fifth trilogue, billed as the last with adoption targeted for July, produces no deal. Negotiators cannot agree on making suspicionless scanning permanent, as requested by Council. Progress is reported on excluding mandatory age verification, but agreement is postponed and talks continue under the incoming Irish presidency.
Timeline
Jul 14, 2021
Chat Control 1.0
Temporary derogation adopted
Regulation (EU) 2021/1232 creates a temporary exception to the ePrivacy Directive, giving providers a legal basis to voluntarily scan private messages for child sexual abuse material. Originally set to expire 3 August 2024.
May 11, 2022
Chat Control 2.0
Commission proposes the CSA Regulation
Home Affairs Commissioner Ylva Johansson unveils a proposal for a permanent regulation making detection and reporting of child sexual abuse material a legal requirement for platforms — including a requirement to bypass end-to-end encryption.
Nov 2023
Chat Control 2.0
Parliament adopts a protective mandate
No scanning of end-to-end encrypted services, detection limited to visual material, judicial warrants targeted at specific suspects, and no mandatory age verification.
Apr 29, 2024
Chat Control 1.0
First extension
With the permanent regulation (Chat Control 2.0) nowhere near agreement, the derogation is extended until 3 April 2026.
Oct 2025
Chat Control 2.0
Germany breaks the Council deadlock
After years of Council deadlock, Germany announces it will vote against mandatory suspicionless scanning. The Danish presidency drops detection orders and shifts to risk assessment and mitigation obligations for providers, while proposing to make the voluntary suspicionless scanning (interim regulation) permanent.
Nov 26, 2025
Chat Control 2.0
Council endorses its position
The Council adopts the softened Danish compromise, opening trilogue negotiations. Critics note the text still allows “voluntary” suspicionless detection and imposes broad risk-mitigation duties, including mandatory age verification, that could reshape private messaging in practice.
Dec 18, 2025
Chat Control 1.0
Commission proposes second extension
The Commission proposes extending the derogation by another two years, to April 2028.
Dec 2025 – May 2026
Chat Control 2.0
Four trilogue rounds
Negotiations between Parliament, Council, and Commission take place on 9 December 2025, 26 February, 16 April, and 11 May 2026 — without agreement on the core issues.
Mar 2, 2026
Chat Control 1.0
LIBE committee rejects the extension
In a surprise vote, the Parliament’s civil liberties committee rejects the draft extension by 38 votes to 28.
Mar 11, 2026
Chat Control 1.0
Parliament adopts a protective position
The plenary votes 458–103 for a compromise: extend to 2027, but only with targeted and proportionate detection of known content, no end-to-end encrypted communications, and limiting scanning to suspected users or groups identified by the competent judicial authority.
Mid-Mar 2026
Chat Control 1.0
Trilogue on the extension collapses
The Council rejects Parliament’s conditions and shows no flexibility in negotiations; talks on the extension break down.
Mar 26, 2026
Chat Control 1.0
Parliament rejects the extension outright
311 MEPs vote against extending the derogation (228 in favour, 92 abstentions). The critical Amendment 34, rejecting automated assessment of unknown photos and texts, passes by a single vote (307–306).
Apr 4, 2026
Chat Control 1.0
Chat Control 1.0 expires
The legal ground for voluntary, indiscriminate scanning ends. Google, Meta, Microsoft, and Snap state they will continue scanning private messages regardless.
Jun 10, 2026
Chat Control 2.0
Council’s own lawyers raise the alarm
The Council Legal Service states that the “voluntary” scanning proposal still constitutes generalised scanning of communications — incompatible with Article 7 of the EU Charter absent reasonable suspicion and prior judicial authorisation.
Jun 26, 2026
Chat Control 1.0
Council moves to resurrect the expired law
EU ambassadors agree to push a temporary revival — unprecedented, as Parliament’s rejection was considered final. Because an expired regulation cannot be extended, the Council proposes a formally new law with identical content via an expedited procedure.
Jun 29, 2026
Chat Control 2.0
“Final” trilogue fails
The fifth trilogue, billed as the last with adoption targeted for July, produces no deal. Negotiators cannot agree on making suspicionless scanning permanent, as requested by Council. Progress is reported on excluding mandatory age verification, but agreement is postponed and talks continue under the incoming Irish presidency.
Jul 2, 2026
Chat Control 1.0
Council adopts its position
The Council adopts its position on the “new” regulation via written procedure.
Jul 7, 2026 (expected)
Chat Control 1.0
Urgency vote in Parliament
The draft is on Parliament’s agenda for deciding on whether to apply the urgency procedure, just before summer recess. If the urgency is approved, the proposal will skip the standard route to the responsible Committee for drafting a recommendation, and will be voted directly on Thursday. Treated as a second reading, an absolute majority of all MEPs would be needed to stop or amend it — a very high hurdle. This is happening now.
Where We Are Now
As of July 2026
Chat Control 1.0 is legally expired, but the Council is fast-tracking an unprecedented resurrection that Parliament may vote on under urgency this very week — where an absolute majority of all MEPs would be needed to stop or amend it. If this threshold is not reached, the law is automatically deemed adopted. Thus, the expired “Chat Control 1.0” regulation would be reinstated even without the consent of the European Parliament.
Chat Control 2.0 remains unagreed after five trilogue rounds. Scanning of unsuspected citizens and of end-to-end encrypted messages is the unresolved red line, and negotiations continue under the Irish Council presidency.
In short: the "temporary" law is being revived through the back door while the permanent one is still on the table. Both fights are happening at the same time — and both need your voice.
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