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techdirt.com/2023/11/15/steame

"The Commission has always claimed its anti-encryption, pro-client-side scanning stance is backed by sound advice given to it by the experts it has consulted."

"In other words, the EU took what it liked and included it. The rest of it disappeared from the permanent record, supposedly because the EU Commission routinely purges any email communications more than two years old. This is obviously ridiculous in this context, considering this particular piece of legislation has been under discussion for far longer than that.

But, in the end, the EU Commission wins because it’s the larger bureaucracy. The ombudsman refused to issue a recommendation. Instead, it instructs the Commission to treat the ICCL’s request as “new” and perform another search for documents. “Swiftly.” Great, as far as that goes. But it doesn’t go far. The ombudsman also says it believes the EU Commission when it says only its version of the EUIF report survived the periodic document cull.

In the end, all that survives is this: the EU consulted with affected entities. It asked them to comment on the proposal. It folded those comments into its presentation. It likely presented only comments that supported its efforts. Dissenting opinions were auto-culled by EU Commission email protocols. It never sought further input, despite having passed the two-year mark without having converted the proposal into law. All that’s left, the ombudsman says, is likely a one-sided version of the Commission’s proposal. And if the ICCL doesn’t like it, well… it will have to find some other way to argue with the “experts” the Commission either ignored or auto-deleted. The government wins, even without winning arguments. Go figure."

Yes, though many of the people who were consulted are very authoritarian / activist in favor of mass surveillance / censorship. So, there is already an obvious slant there.

The sort of people who don't care for your rights, and see them as an obstacle, are highly disproportionate, and don't care for the downsides of this.

So, yes, she probably picked out the bits to justify her proposal, but it also seems like a very authoritarian group, to begin with.

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