46 Amendments of Nathalie LOISEAU related to 2022/0155(COD)
Amendment 328 #
Proposal for a regulation
Recital 14 a (new)
Recital 14 a (new)
(14a) Given the severity of these crimes and the long-lasting negative consequences on the victims and the risk of revictimization as a result of the dissemination of known material, new material, as well as activities constituting the solicitation of children, it is essential that this Regulation provides specific obligations for providers of hosting service and providers of interpersonal communication services to prevent, detect, report and remove child sexual abuse material in all their services, including interpersonal communications services, which may also be covered by end-to-end encryption, in light of the prevalence of dissemination of child sexual abuse material, including the solicitation of children, in interpersonal communication services.
Amendment 400 #
Proposal for a regulation
Recital 27 a (new)
Recital 27 a (new)
(27a) Due to the nature of child sexual abuse materials, the sharing of those contents does not stop at border. The competent authorities and the EU Centre should therefore have a cooperation procedure with the American NCMEC (The National Center for Missing and Exploited Children) to detect and remove those contents more effectively.
Amendment 481 #
Proposal for a regulation
Recital 72
Recital 72
(72) Considering the need for the EU Centre to cooperate intensively with Europol, the EU Centre’s headquarters should be located alongside Europol’s, which is locatThe EU Centre’s headquarters should be decided ion The Hague, the Netherlands. The highly sensitive nature of the reports shared with Europol by the EU Centre and the technical requirements, such as on secure data connections, both benefit from a shared location between the EU Centre and Europol. It would also allow the EU Centre, while being an independent entity, to rely on the support services of Europol, notably those regarding human resources management, information technology (IT), including cybersecurity, the building and communications. Sharing such support services is more cost-efficient and ensure a more professional service than duplicating them by creating them anewthe basis of objective criterias between the Parliament and the Council in an ordinary legislative procedure.
Amendment 485 #
Proposal for a regulation
Recital 74
Recital 74
(74) In view of the need for technical expertise in order to perform its tasks, in particular the task of providing a list of technologies that can be used for detection, the EU Centre should have a Technology Committee composed of experts with advisory function. The Technology Committee may, in particular, provide expertise to support the work of the EU Centre, within the scope of its mandate, with respect to matters related to detection of online child sexual abuse, to support the EU Centre in contributing to a high level of technical standards and safeguards in detection technology, and the evolution of those technologies and developping new ones.
Amendment 487 #
Proposal for a regulation
Recital 74 a (new)
Recital 74 a (new)
(74a) The Technology Committee could therefore establish a certification for technologies which could be used by online service providers to detect child sexual abuse material on their request.
Amendment 515 #
Proposal for a regulation
Article 1 – paragraph 1 – subparagraph 2 – point d a (new)
Article 1 – paragraph 1 – subparagraph 2 – point d a (new)
(da) obligations on providers of online search engines and any other artificial intelligence systems to delist or disable specific items of child sexual abuse, or both;
Amendment 555 #
Proposal for a regulation
Article 2 – paragraph 1 – point e a (new)
Article 2 – paragraph 1 – point e a (new)
(ea) “online search engine” means an intermediary service as defined in Article 3, point (j), of Regulation (EU) 2022/2065;
Amendment 556 #
Proposal for a regulation
Article 2 – paragraph 1 – point e b (new)
Article 2 – paragraph 1 – point e b (new)
(eb) ‘intermediary service’ means a service as defined in Article 3, point (g), of Regulation (EU) 2022/2065;
Amendment 557 #
Proposal for a regulation
Article 2 – paragraph 1 – point e c (new)
Article 2 – paragraph 1 – point e c (new)
(ec) ‘artificial intelligence system’ (AI system) means software as defined in Article 3(1) of Regulation (EU) .../... on Artificial Intelligence (Artificial Intelligence Act);
Amendment 569 #
Proposal for a regulation
Article 2 – paragraph 1 – point f – point iv a (new)
Article 2 – paragraph 1 – point f – point iv a (new)
(iva) an online search engine;
Amendment 570 #
Proposal for a regulation
Article 2 – paragraph 1 – point f – point iv b (new)
Article 2 – paragraph 1 – point f – point iv b (new)
(ivb) an artificial intelligence system.
Amendment 581 #
(j) ‘child user’ means a natural person who uses a relevant information society service and who is a natural person below the age of 178 years;
Amendment 582 #
Proposal for a regulation
Article 2 – paragraph 1 – point j
Article 2 – paragraph 1 – point j
(j) ‘child user’ means a natural person who uses a relevant information society service and who is a natural person below the age of 178 years;
Amendment 613 #
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Providers of hosting services and providers of interpersonal communications services shall identify, analyse and assess, for each such service that they offer, the risk of use of the service for the purpose of online child sexual abuse., which requires a targeted and tailor-made response;
Amendment 627 #
Proposal for a regulation
Article 3 – paragraph 2 – point b – introductory part
Article 3 – paragraph 2 – point b – introductory part
(b) the existence and implementation by the provider of a policy and the availability of functionalities to prevent and address the risk referred to in paragraph 1, including through the following:
Amendment 628 #
Proposal for a regulation
Article 3 – paragraph 2 – point b – introductory part
Article 3 – paragraph 2 – point b – introductory part
(b) the existence and implementation by the provider of a policy and the availability of functionalities to prevent and address the risk referred to in paragraph 1, including through the following:
Amendment 634 #
Proposal for a regulation
Article 3 – paragraph 2 – point b – indent 2 a (new)
Article 3 – paragraph 2 – point b – indent 2 a (new)
Amendment 650 #
- – Functionalities enabling detection for known child sexual abuse material on upload; – Functionalities preventing uploads from the dark web;
Amendment 688 #
Proposal for a regulation
Article 3 – paragraph 2 – point e – point iii – indent 3 a (new)
Article 3 – paragraph 2 – point e – point iii – indent 3 a (new)
- – Enabling users to create usernames that contain a representation about, or imply, the user’s age; – Enabling child users to create usernames that contain location information on child users; – Enabling users to know or infer the location of child users.
Amendment 693 #
Proposal for a regulation
Article 3 – paragraph 2 a (new)
Article 3 – paragraph 2 a (new)
2a. When providers of hosting services and providers of interpersonal communication services put forward age assurance or age verification systems as mitigating measures, they shall meet the following criteria: (a) Protect the privacy of users and do not disclose data gathered for the purposes of age assurance for any other purpose; (b) Do not collect data that is not necessary for the purposes of age assurance; (c) Be proportionate to the risks associated to the product or service that presents a risk of misuse for child sexual abuse; (d) Provide appropriate remedies and redress mechanisms for users whose age is wrongly identified.
Amendment 734 #
Proposal for a regulation
Article 4 – paragraph 1 – introductory part
Article 4 – paragraph 1 – introductory part
1. Providers of hosting services and providers of interpersonal communications services shall take reasonable mitigation measures, tailored to their specific service and the risk identified pursuant to Article 3, to minimise that risk. Such measures shall include some or all of the following:
Amendment 741 #
Proposal for a regulation
Article 4 – paragraph 1 – point a a (new)
Article 4 – paragraph 1 – point a a (new)
(aa) Designing educational and awareness-raising campaigns aimed at informing and alerting users about the risks of online child sexual abuse, including child-appropriate information;
Amendment 775 #
1a. Providers of hosting services and providers of interpersonal communications services shall continue the voluntary use of specific technologies, as mitigation measures, for the processing of personal and other data to the extent strictly necessary to detect, report and remove online child sexual abuse on their services and to mitigate the risk of misuse of their services for the purpose of online child sexual abuse, including for the purpose of the solicitation of children, pursuant to the risk assessment conducted or updated in accordance with Article 3 and prior authorization from the Coordinating Authority;
Amendment 804 #
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
3. Providers of interpersonal communications services that have identified, pursuant to the risk assessment conducted or updated in accordance with Article 3, a risk of use of their services for the purpose of the solicitation of children, shall take the necessary and proportionate age verification and age assessment measures to reliably identify childdifferentiate between child users and adult users on their services, enabling them to take the mitigation measures and protect child users. Age assurance or age verification systems as mitigation measure shall be implemented only if they meet the criteria set in Article 3, paragraph 2a of this Regulation.
Amendment 838 #
Proposal for a regulation
Article 5 – paragraph 1 – point b
Article 5 – paragraph 1 – point b
(b) any mitigation measures taken and those that require prior authorization pursuant to Article 4.
Amendment 935 #
Proposal for a regulation
Article 7 – paragraph 3 – subparagraph 2 – point b
Article 7 – paragraph 3 – subparagraph 2 – point b
(b) where the draft implementation plan concerns an intended detection order concerning new child sexual abuse material and the solicitation of children other than the renewal of a previously issued detection order without any substantive changes, conduct a data protection impact assessment and a prior consultation procedure as referred to in Articles 35 and 36 of Regulation (EU) 2016/679, respectively, in relation to the measures set out in the implementation plan;
Amendment 1023 #
Proposal for a regulation
Article 7 – paragraph 8 – subparagraph 2
Article 7 – paragraph 8 – subparagraph 2
To that aim, they shall take into account all relevant parameters, including: (i) the availability of sufficiently reliable detection technologies in that they can be deployed without undermining the security of the service in question and they limit to the maximum extent possible the rate of errors regarding the detection and; (ii) their suitability and effectiveness of the available technologies for achieving the objectives of this Regulation, as well as; (iii) the impact of the measures on the rights of the users affected, and require the taking ofthereby ensuring that detection orders are only requested and issued when sufficiently reliable technologies in accordance with point (i) are available and that the least intrusive measures are chosen, in accordance with Article 10, from among several equally effective measures.
Amendment 1030 #
Proposal for a regulation
Article 7 – paragraph 8 – subparagraph 3 – point a
Article 7 – paragraph 8 – subparagraph 3 – point a
(a) where that risk is limited to an identifiable part or component of a service information gathered in the risk assessment process indicates that that risk is limited to an identifiable part or component of a service where possible without prejudice to the effectiveness of the measure, the required measures are only applied in respect of that part or component;
Amendment 1035 #
Proposal for a regulation
Article 7 – paragraph 9 – subparagraph 1
Article 7 – paragraph 9 – subparagraph 1
The competent judicial authority or independent administrative authority shall specify in the detection order the period during which it applies, indicating the start date and the end date., within which the providers of hosting services and providers of interpersonal communications services shall prove that their service is no longer misused for child sexual abuse and their specific service provided no longer poses a risk for child sexual abuse;
Amendment 1050 #
Proposal for a regulation
Article 7 a (new)
Article 7 a (new)
Article7a Safeguards on encrypted services For the scope of this regulation and for the sole purpose to prevent and combat child sexual abuse, providers of interpersonal communications services shall be subjected to obligations to prevent, detect, report and remove online child sexual abuse on all their services, which may include as well those covered by end-to-end encryption, when there is a significant risk that their specific service is misused for online child sexual abuse, including for the purpose of the solicitation of children, pursuant to the risk assessment established in Article 3 of this Regulation. The technologies deployed to execute the detection order pursuant to Article 7 of this Regulation shall never prohibit or make encryption impossible and only be deployed after a prior authorization by the Coordinating Authority, in consultation with the competent data protection authority, and be subjected to constant monitoring and auditing by the competent data protection authority to verify their compliance with Union law.
Amendment 1137 #
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
2. The provider shall be entitled to acquire, install and operate, free of charge, technologies made available by the EU Centre in accordance with Article 50(1), for the sole purpose of using voluntary measures, when authorised, ofr executing thea detection order. The provider shall not be required to use any specific technology, including those made available by the EU Centre, as long as the requirements set out in this Article are met. The use of the technologies made available by the EU Centre shall not affect the responsibility of the provider to comply with those requirements and for any decisions it may take in connection to or as a result of the use of the technologies.
Amendment 1162 #
Proposal for a regulation
Article 10 – paragraph 3 – point d a (new)
Article 10 – paragraph 3 – point d a (new)
(da) not able to prohibit or make end- to-end encryption impossible.
Amendment 1171 #
Proposal for a regulation
Article 10 – paragraph 4 – point a
Article 10 – paragraph 4 – point a
(a) take all the necessary measures to ensure that the technologies and indicators, as well as the processing of personal data and other data in connection thereto, are used for the sole purpose of detecting the dissemination of known or new child sexual abuse material or the solicitation of children, as applicable, insofar as strictly necessary to use voluntary measures, when authorised, or execute the detection orders addressed to them;
Amendment 1340 #
Proposal for a regulation
Article 20 – paragraph 1 – subparagraph 1
Article 20 – paragraph 1 – subparagraph 1
Amendment 1363 #
Proposal for a regulation
Article 21 – paragraph 2 – subparagraph 1
Article 21 – paragraph 2 – subparagraph 1
Amendment 1391 #
Proposal for a regulation
Article 23 – paragraph 1
Article 23 – paragraph 1
1. PAs referred to in Article 12 of the Digital Service Act Regulation, providers of relevant information society services shall establish a single point of contact allowing for direct communication, by electronic means, with the Coordinating Authorities, other competent authorities of the Member States, the Commission and the EU Centre, for the application of this Regulation.
Amendment 1515 #
Proposal for a regulation
Article 39 – paragraph 1
Article 39 – paragraph 1
1. Coordinating Authorities shall cooperate with each other, any other competent authorities of the Member State that designated the Coordinating Authority, the Commission, the EU Centre and other relevant Union agencies, including Europol, the European Union Agency for Cybersecurity (ENISA), and other organisations such as NCMEC to facilitate the performance of their respective tasks under this Regulation and ensure its effective, efficient and consistent application and enforcement.
Amendment 1541 #
Proposal for a regulation
Article 42 – paragraph 1
Article 42 – paragraph 1
The choice of the location of the seat of the EU Centre shall be The Hague, The Netherlandmade in accordance with the ordinary legislative procedure, based on the following criteria: (a) it shall not affect the EU Centre’s execution of its tasks or the organisation of its governance structure; (b) it shall ensure that the EU Centre is able to recruit the high-qualified and specialised staff it requires to perform the tasks provided by this Regulation; (c) it shall ensure that it can be set up on site upon the entry into force of this Regulation; (d) it shall ensure appropriate accessibility of the location, the existence of adequate education facilities for the children of staff members, appropriate access to the labour market, social security and medical care for both children and spouses; (e) it shall enable close cooperation with EU institutions, bodies and agencies; (f) it shall ensure sustainability and digital security and connectivity with regards to physical and IT infrastructure and working conditions.
Amendment 1580 #
Proposal for a regulation
Article 43 – paragraph 1 – point 6 – point b a (new)
Article 43 – paragraph 1 – point 6 – point b a (new)
(ba) Referring victims to the appropriate national child protection services;
Amendment 1593 #
(6a) support Member States in designing preventive measures, such as awareness-raising campaigns to combat child sexual abuse, with a specific focus on girls and other prevalent demographics, including by: (a) Acting on behalf of victims in liaising with other relevant authorities of the Member States for reparations and all other victim support programmes; (b) Referring victims to the appropriate child protection services, and to pro bono legal support services; (c) Facilitating access to care qualified health support services, including mental health and psychological support;
Amendment 1634 #
Proposal for a regulation
Article 46 – paragraph 2
Article 46 – paragraph 2
2. The EU Centre shall give providers of hosting services, providers of interpersonal communications services and providers of internet access services access to the databases of indicators referred to in Article 44, where and to the extent necessary for them to put in place voluntary measures, when authorised, and execute the detection or blocking orders that they received in accordance with Articles 7 or 16. It shall take measures to ensure that such access remains limited to what is strictly necessary for the period of application of the detection or blocking orders concerned as well as for the execution of the voluntary measures, when authorised, and that such access does not in any way endanger the proper operation of those databases and the accuracy and security of the data contained therein.
Amendment 1711 #
Proposal for a regulation
Article 50 – paragraph 2 – point c
Article 50 – paragraph 2 – point c
(c) information resulting from research or other activities conducted by Member States’ authorities, other Union institutions, bodies, offices and agencies, the competent authorities of third countries, international organisations, research centres, hotlines and civil society organisations.
Amendment 1739 #
Proposal for a regulation
Article 53 – paragraph 1 a (new)
Article 53 – paragraph 1 a (new)
1a. Europol and the EU Centre shall cooperate with the NCMEC center in the fight against child sexual abuse material. This cooperation may consist of sharing their databases of known child sexual abuse materials.
Amendment 1755 #
Proposal for a regulation
Article 54 – paragraph 1
Article 54 – paragraph 1
1. Where necessary for the performance of its tasks under this Regulation, the EU Centre may cooperate with organisations and networks with information and expertise on matters related to the prevention and combating of online child sexual abuse, including civil society organisations acting in the public interest, hotlines and semi-public organisations.
Amendment 1761 #
Proposal for a regulation
Article 54 – paragraph 2 a (new)
Article 54 – paragraph 2 a (new)
2a. The EU Centre shall cooperate with other organisations and bodies carrying out similar functions in other jurisdictions, such as the National Centre for Missing and Exploited Children (‘NCMEC’) and the Canadian Centre for Child Protection, among others, which serve the same purpose of this Regulation, as well as in order to avoid potential duplication of reporting obligations for providers.
Amendment 1778 #
Proposal for a regulation
Article 57 – paragraph 1 – point f
Article 57 – paragraph 1 – point f
(f) appoint the members of the Technology Committee, of the Children's Rights and Survivors Advisory Board and of any other advisory group it may establish;