Comment by kachurovskiy

2 days ago

Instead of the usual knee-jerk it would be nice to see some level-header analysis on mechanics of these things - who pays for the time of the people that decide to push this particular piece of legislation, how they manage to get into the door, who personally makes the proposal, how they gather support for it.

Robert Metsola met Ashton Kutcher (co-founder of Thorn, which develops message scanning tech) in March 2023 and posted a photo on Instagram. Kutcher lobbied MEPs hard in favour of strong detection measures.

  • The same Kutcher who had to step down because he supported a rapist who happened to be his friend.

You won't get such analysis because the EU law making process is (a) mostly secret and (b) doesn't necessarily follow the process laid out in the treaties, making a lot of discussion purely theoretical. This has been a problem for years. The British pushed back when they were members but no longer.

Five days ago:

https://euobserver.com/223533/the-european-unions-culture-of...

The EU is increasingly hiding things from journalists, researchers and members of civil society.

Secrecy has a long tradition in the EU, but the European Commission has clearly limited the publicity of its activities during Ursula von der Leyen’s second presidency.

The commission’s new Rules of Procedure significantly limit what counts as an official document. They authorise withholding and destroying information even after a request for access has been made. The commission has, on flimsy grounds, concealed legal documents and files related to the regulation of technology giants, among other things.

It is now almost impossible to monitor how the EU uses its power, for example, in relation to large platform companies.

The EU never improves. A decade ago the same complaints were being made:

https://euobserver.com/61985/secret-eu-law-making-takes-over...

Secret EU law making reached a high in 2016 that has only been matched once before, according to figures obtained by EUobserver.

The normal process starts with a bill from the European Commission. The bill is then channelled through the European Parliament and the Council of the EU, representing member states.

If no agreement is reached at first reading, a second reading is launched. But according to figures provided by the parliament, not a single bill ended up in a second reading agreement in 2016, only the second time this has happened since EU parliament record keeping began in 2004.

“That is quite astonishing, but it is just a continuation of a trend that we have been seeing for quite a while now,” said Vicky Marissen of Pact European Affairs, a Brussels-based consultancy specialising in EU decision-making procedures.

Second readings are important because they open up the debate to the public at large. Removing this phase means the details are being agreed behind closed doors and people have to rely on insider information to understand what is happening.

Law enforcement at all levels traditionally has a strong lobbying presence. Their public affairs departments are well-funded and do not cease operations just because some initiatives are delayed due to temporary push back. Transparency legislation often does not apply to their efforts either.

  • Wait, law enforcement is part of the government. Why is there not a push to zero out their funding for lobbying?

    • Europol lobbies this with tax euros:

      Overcoming the complex challenges outlined above requires multifaceted policy considerations that focus on both societal resilience and enabling effective law enforcement within the EU’s robust legal framework. Key actions should include:

      Establishing lawful access by design to E2EE communication channels in cooperation with service providers and regulators.

      https://www.europol.europa.eu/media-press/newsroom/news/stea...

My current understanding is:

- First you get the idea, framework and influence from academic "centers", foundations and Think Tanks in the US.

- Then you have the lobbying from Big Tech and specialized firms (content scan, censorship, moderation and everything "compliance") from the US, France, Israel, etc.

- Last most of your politicians are largely interested in the system to be kept in place at any cost. So mass surveillance might be the difference between a comfy life and the pitchfork in medium or long term.