BETA

93 Amendments of Cristian TERHEŞ related to 2022/0155(COD)

Amendment 279 #
Proposal for a regulation
The European Parliament rejects the Commission proposal (COM(2022)0209).
2023/07/28
Committee: LIBE
Amendment 499 #
Proposal for a regulation
Article 1 – paragraph 1 – subparagraph 2 – point b
(b) obligations on providers of hosting services and providers of interpersonal communication services to detect and report online child sexual abuse where there is reasonable cause to suspect such illegal behaviour;
2023/07/28
Committee: LIBE
Amendment 540 #
Proposal for a regulation
Article 1 – paragraph 4 a (new)
4a. To ensure fundamental rights laid down in the European Union's, the Council of Europe's and the United Nation's human rights charters, core fundaments of our democratic society and the rule of law - citizens' right to privacy and private correspondence must be upheld. Therefore, detection orders can only be issued towards persons suspected of criminal activity. There shall be no general monitoring of ordinary law- abiding citizens and users of interpersonal communication services private messages.
2023/07/28
Committee: LIBE
Amendment 575 #
Proposal for a regulation
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 17 years;deleted
2023/07/28
Committee: LIBE
Amendment 672 #
Proposal for a regulation
Article 3 – paragraph 2 – point e – point iii
(iii) the availability of functionalities creating or reinforcing the risk of solicitation of children, including the following functionalities: — enabling users to search for other users and, in particular, for adult users to search for child users; — enabling users to establish contact with other users directly, in particular through private communications; — enabling users to share images or videos with other users, in particular through private communications.deleted
2023/07/28
Committee: LIBE
Amendment 802 #
Proposal for a regulation
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 age verification and age assessment measures to reliably identify child users on their services, enabling them to take the mitigation measures.deleted
2023/07/28
Committee: LIBE
Amendment 851 #
Proposal for a regulation
Article 6
Obligations for software application 1. Providers of software application stores shall: (a) make reasonable efforts to assess, where possible together with the providers of software applications, whether each service offered through the software applications that they intermediate presents a risk of being used for the purpose of the solicitation of children; (b) take reasonable measures to prevent child users from accessing the software applications in relation to which they have identified a significant risk of use of the service concerned for the purpose of the solicitation of children; (c) take the necessary age verification and age assessment measures to reliably identify child users on their services, enabling them to take the measures referred to in point (b). 2. In assessing the risk referred to in paragraph 1, the provider shall take into account all the available information, including the results of the risk assessment conducted or updated pursuant to Article 3. 3. Providers of software application stores shall make publicly available information describing the process and criteria used to assess the risk and describing the measures referred to in paragraph 1. That description shall not include information that may reduce the effectiveness of the assessment of those measures. 4. The Commission, in cooperation with Coordinating Authorities and the EU Centre and after having conducted a public consultation, may issue guidelines on the application of paragraphs 1, 2 and 3, having due regard in particular to relevant technological developments and to the manners in which the services covered by those provisions are offered and used.Article 6 deleted stores
2023/07/28
Committee: LIBE
Amendment 854 #
Proposal for a regulation
Article 6
Obligations for software application 1. Providers of software application stores shall: (a) make reasonable efforts to assess, where possible together with the providers of software applications, whether each service offered through the software applications that they intermediate presents a risk of being used for the purpose of the solicitation of children; (b) take reasonable measures to prevent child users from accessing the software applications in relation to which they have identified a significant risk of use of the service concerned for the purpose of the solicitation of children; (c) take the necessary age verification and age assessment measures to reliably identify child users on their services, enabling them to take the measures referred to in point (b). 2. In assessing the risk referred to in paragraph 1, the provider shall take into account all the available information, including the results of the risk assessment conducted or updated pursuant to Article 3. 3. Providers of software application stores shall make publicly available information describing the process and criteria used to assess the risk and describing the measures referred to in paragraph 1. That description shall not include information that may reduce the effectiveness of the assessment of those measures. 4. The Commission, in cooperation with Coordinating Authorities and the EU Centre and after having conducted a public consultation, may issue guidelines on the application of paragraphs 1, 2 and 3, having due regard in particular to relevant technological developments and to the manners in which the services covered by those provisions are offered and used.Article 6 deleted stores
2023/07/28
Committee: LIBE
Amendment 877 #
Proposal for a regulation
Article 6 a (new)
Article6a Encrypted services and metadata processing 1. Nothing in this Regulation shall be interpreted as prohibiting or weakening end-to-end encryption.
2023/07/28
Committee: LIBE
Amendment 878 #
Proposal for a regulation
Article 6 b (new)
Article6b Software application stores 1.Providers of software application stores shall: (a) take reasonable measures to prevent child users from accessing the software applications in relation to which they have identified a significant risk of use of the service concerned for the purpose of the solicitation of children;
2023/07/28
Committee: LIBE
Amendment 880 #
Proposal for a regulation
Article 7
[...]deleted
2023/07/28
Committee: LIBE
Amendment 885 #
Proposal for a regulation
Article 7 – paragraph 1
1. The Coordinating Authority of establishment shall have the power to request the competent judicial authority of the Member State that designated it or another independent administrative authority of that Member State to issue a detection order requiring a provider of hosting services or a provider of interpersonal communications services under the jurisdiction of that Member State to take the measures specified in Article 10 to detect online child sexual abuse on a specific service.deleted
2023/07/28
Committee: LIBE
Amendment 891 #
Proposal for a regulation
Article 7 – paragraph 1
1. The Coordinating Authority of establishment shall have the power to request the competent judicial authority of the Member State that designated it or another independent administrative authority of thata court of law of a Member State to issue a detection order requiring a provider of hosting services or a provider of interpersonal communications services under the jurisdiction of that Member State to take the measures specified in Article 10 to detect online child sexual abuse on a specific servicewhere there is probable cause to suspect illegal activity.
2023/07/28
Committee: LIBE
Amendment 899 #
Proposal for a regulation
Article 7 – paragraph 2
2. The Coordinating Authority of establishment shall, before requesting the issuance of a detection order, carry out the investigations and assessments necessary to determine whether the conditions of paragraph 4 have been met. To that end, it may, where appropriate, require the provider to submit the necessary information, additional to the report and the further information referred to in Article 5(1) and (3), respectively, within a reasonable time period set by that Coordinating Authority, or request the EU Centre, another public authority or relevant experts or entities to provide the necessary additional information.deleted
2023/07/28
Committee: LIBE
Amendment 906 #
Proposal for a regulation
Article 7 – paragraph 3
[...]deleted
2023/07/28
Committee: LIBE
Amendment 912 #
Proposal for a regulation
Article 7 – paragraph 3 – subparagraph 1 – point a
(a) establish a draft request for the issuance of a detection order, specifying targeted suspects and or activities, the main elements of the content of the detection order it intends to request and the reasons for requesting it;
2023/07/28
Committee: LIBE
Amendment 922 #
Proposal for a regulation
Article 7 – paragraph 3 – subparagraph 2
Where, having regard to the comments of the provider and the opinion of the EU Centre, that Coordinating Authority continues to be of the view that the conditions of paragraph 4 have met, it shall re-submit the draft request, adjusted where appropriate, to the provider. In that case, the provider shall do all of the following, within a reasonable time period set by that Coordinating Authority: (a) draft an implementation plan setting out the measures it envisages taking to execute the intended detection order, including detailed information regarding the envisaged technologies and safeguards; (b) where the draft implementation plan concerns an intended detection order concerning 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; (c) where point (b) applies, or where the conditions of Articles 35 and 36 of Regulation (EU) 2016/679 are met, adjust the draft implementation plan, where necessary in view of the outcome of the data protection impact assessment and in order to take into account the opinion of the data protection authority provided in response to the prior consultation; (d) submit to that Coordinating Authority the implementation plan, where applicable attaching the opinion of the competent data protection authority and specifying how the implementation plan has been adjusted in view of the outcome of the data protection impact assessment and of that opinion.deleted
2023/07/28
Committee: LIBE
Amendment 927 #
Proposal for a regulation
Article 7 – paragraph 3 – subparagraph 2 – point a
(a) draft an implementation plan setting out the measures it envisages taking to execute the intended detection order, including detailed information regarding the envisaged technologies and safeguards;deleted
2023/07/28
Committee: LIBE
Amendment 931 #
Proposal for a regulation
Article 7 – paragraph 3 – subparagraph 2 – point b
(b) where the draft implementation plan concerns an intended detection order concerning 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;deleted
2023/07/28
Committee: LIBE
Amendment 936 #
Proposal for a regulation
Article 7 – paragraph 3 – subparagraph 2 – point c
(c) where point (b) applies, or where the conditions of Articles 35 and 36 of Regulation (EU) 2016/679 are met, adjust the draft implementation plan, where necessary in view of the outcome of the data protection impact assessment and in order to take into account the opinion of the data protection authority provided in response to the prior consultation;deleted
2023/07/28
Committee: LIBE
Amendment 940 #
Proposal for a regulation
Article 7 – paragraph 3 – subparagraph 2 – point d
(d) submit to that Coordinating Authority the implementation plan, where applicable attaching the opinion of the competent data protection authority and specifying how the implementation plan has been adjusted in view of the outcome of the data protection impact assessment and of that opinion.deleted
2023/07/28
Committee: LIBE
Amendment 943 #
Proposal for a regulation
Article 7 – paragraph 3 – subparagraph 3
Where, having regard to the implementation plan of the provider and the opinion of the data protection authority, that Coordinating Authority continues to be of the view that the conditions of paragraph 4 have met, it shall submit the request for the issuance of the detection, adjusted where appropriate, to the competent judicial authority or independent administrative authority. It shall attach the implementation plan of the provider and the opinions of the EU Centre and the data protection authority to that request.deleted
2023/07/28
Committee: LIBE
Amendment 946 #
Proposal for a regulation
Article 7 – paragraph 3 – subparagraph 3
Where, having regard to the implementation plan of the provider and the opinion of the data protection authority, that Coordinating Authority continues to be of the view that the conditions of paragraph 4 have met, it shall submit the request for the issuance of the detection, adjusted where appropriate, to the competent judicial authority or independent administrative authoritya court of law. It shall attach the implementation plan of the provider and the opinions of the EU Centre and the data protection authority to that request.
2023/07/28
Committee: LIBE
Amendment 948 #
Proposal for a regulation
Article 7 – paragraph 4
4. The Coordinating Authority of establishment shall request the issuance of the detection order, and the competent judicial authority or independent administrative authority shall issue the detection order where it considers that the following conditions are met: (a) there is evidence of a significant risk of the service being used for the purpose of online child sexual abuse, within the meaning of paragraphs 5, 6 and 7, as applicable; (b) the reasons for issuing the detection order outweigh negative consequences for the rights and legitimate interests of all parties affected, having regard in particular to the need to ensure a fair balance between the fundamental rights of those parties. When assessing whether the conditions of the first subparagraph have been met, account shall be taken of all relevant facts and circumstances of the case at hand, in particular: (a) the risk assessment conducted or updated and any mitigation measures taken by the provider pursuant to Articles 3 and 4, including any mitigation measures introduced, reviewed, discontinued or expanded pursuant to Article 5(4) where applicable; (b) any additional information obtained pursuant to paragraph 2 or any other relevant information available to it, in particular regarding the use, design and operation of the service, regarding the provider’s financial and technological capabilities and size and regarding the potential consequences of the measures to be taken to execute the detection order for all other parties affected; (c) the views and the implementation plan of the provider submitted in accordance with paragraph 3; (d) the opinions of the EU Centre and of the data protection authority submitted in accordance with paragraph 3. As regards the second subparagraph, point (d), where that Coordinating Authority substantially deviates from the opinion of the EU Centre, it shall inform the EU Centre and the Commission thereof, specifying the points at which it deviated and the main reasons for the deviation.deleted
2023/07/28
Committee: LIBE
Amendment 949 #
Proposal for a regulation
Article 7 – paragraph 4 – subparagraph 1
The Coordinating Authority of establishment shall request the issuance of the detection order, and the competent judicial authority or independent administrative authority shall issue the detection order where it considers that the following conditions are met: (a) there is evidence of a significant risk of the service being used for the purpose of online child sexual abuse, within the meaning of paragraphs 5, 6 and 7, as applicable; (b) the reasons for issuing the detection order outweigh negative consequences for the rights and legitimate interests of all parties affected, having regard in particular to the need to ensure a fair balance between the fundamental rights of those parties.deleted
2023/07/28
Committee: LIBE
Amendment 956 #
Proposal for a regulation
Article 7 – paragraph 4 – subparagraph 1 – point a
(a) there is evidence of a significant risk of the service being used for the purpose of online child sexual abuse, within the meaning of paragraphs 5, 6 and 7, as applicable;deleted
2023/07/28
Committee: LIBE
Amendment 961 #
Proposal for a regulation
Article 7 – paragraph 4 – subparagraph 1 – point a
(a) there is evidence of a significant risk of the service being used for the purpose of online child sexual abuse, within the meaning of paragraphs 5, 6 and 7, as applicable;
2023/07/28
Committee: LIBE
Amendment 963 #
Proposal for a regulation
Article 7 – paragraph 4 – subparagraph 1 – point b
(b) the reasons for issuing the detection order outweigh negative consequences for the rights and legitimate interests of all parties affected, having regard in particular to the need to ensure a fair balance between the fundamental rights of those parties.deleted
2023/07/28
Committee: LIBE
Amendment 976 #
Proposal for a regulation
Article 7 – paragraph 4 – subparagraph 2
When assessing whether the conditions of the first subparagraph have been met, account shall be taken of all relevant facts and circumstances of the case at hand, in particular: (a) the risk assessment conducted or updated and any mitigation measures taken by the provider pursuant to Articles 3 and 4, including any mitigation measures introduced, reviewed, discontinued or expanded pursuant to Article 5(4) where applicable; (b) any additional information obtained pursuant to paragraph 2 or any other relevant information available to it, in particular regarding the use, design and operation of the service, regarding the provider’s financial and technological capabilities and size and regarding the potential consequences of the measures to be taken to execute the detection order for all other parties affected; (c) the views and the implementation plan of the provider submitted in accordance with paragraph 3; (d) the opinions of the EU Centre and of the data protection authority submitted in accordance with paragraph 3.deleted
2023/07/28
Committee: LIBE
Amendment 978 #
Proposal for a regulation
Article 7 – paragraph 4 – subparagraph 2 – point a
(a) the risk assessment conducted or updated and any mitigation measures taken by the provider pursuant to Articles 3 and 4, including any mitigation measures introduced, reviewed, discontinued or expanded pursuant to Article 5(4) where applicable;deleted
2023/07/28
Committee: LIBE
Amendment 980 #
Proposal for a regulation
Article 7 – paragraph 4 – subparagraph 2 – point b
(b) any additional information obtained pursuant to paragraph 2 or any other relevant information available to it, in particular regarding the use, design and operation of the service, regarding the provider’s financial and technological capabilities and size and regarding the potential consequences of the measures to be taken to execute the detection order for all other parties affected;deleted
2023/07/28
Committee: LIBE
Amendment 983 #
Proposal for a regulation
Article 7 – paragraph 4 – subparagraph 2 – point c
(c) the views and the implementation plan of the provider submitted in accordance with paragraph 3;deleted
2023/07/28
Committee: LIBE
Amendment 985 #
Proposal for a regulation
Article 7 – paragraph 4 – subparagraph 2 – point d
(d) the opinions of the EU Centre and of the data protection authority submitted in accordance with paragraph 3.deleted
2023/07/28
Committee: LIBE
Amendment 989 #
Proposal for a regulation
Article 7 – paragraph 4 – subparagraph 3
As regards the second subparagraph, point (d), where that Coordinating Authority substantially deviates from the opinion of the EU Centre, it shall inform the EU Centre and the Commission thereof, specifying the points at which it deviated and the main reasons for the deviation.deleted
2023/07/28
Committee: LIBE
Amendment 992 #
Proposal for a regulation
Article 7 – paragraph 5
5. As regards detection orders concerning the dissemination of known child sexual abuse material, the significant risk referred to in paragraph 4, first subparagraph, point (a), shall be deemed to exist where the following conditions are met: (a) it is likely, despite any mitigation measures that the provider may have taken or will take, that the service is used, to an appreciable extent for the dissemination of known child sexual abuse material; (b) there is evidence of the service, or of a comparable service if the service has not yet been offered in the Union at the date of the request for the issuance of the detection order, having been used in the past 12 months and to an appreciable extent for the dissemination of known child sexual abuse material.deleted
2023/07/28
Committee: LIBE
Amendment 998 #
Proposal for a regulation
Article 7 – paragraph 5 – point a
(a) it is likely, despite any mitigation measures that the provider may have taken or will take, that the service is used, to an appreciable extent for the dissemination of known child sexual abuse material;deleted
2023/07/28
Committee: LIBE
Amendment 999 #
Proposal for a regulation
Article 7 – paragraph 5 – point b
(b) there is evidence of the service, or of a comparable service if the service has not yet been offered in the Union at the date of the request for the issuance of the detection order, having been used in the past 12 months and to an appreciable extent for the dissemination of known child sexual abuse material.deleted
2023/07/28
Committee: LIBE
Amendment 1005 #
Proposal for a regulation
Article 7 – paragraph 6
6. As regards detection orders concerning the dissemination of new child sexual abuse material, the significant risk referred to in paragraph 4, first subparagraph, point (a), shall be deemed to exist where the following conditions are met: (a) it is likely that, despite any mitigation measures that the provider may have taken or will take, the service is used, to an appreciable extent, for the dissemination of new child sexual abuse material; (b) there is evidence of the service, or of a comparable service if the service has not yet been offered in the Union at the date of the request for the issuance of the detection order, having been used in the past 12 months and to an appreciable extent, for the dissemination of new child sexual abuse material; (c) for services other than those enabling the live transmission of pornographic performances as defined in Article 2, point (e), of Directive 2011/93/EU: (1) a detection order concerning the dissemination of known child sexual abuse material has been issued in respect of the service; (2) the provider submitted a significant number of reports concerning known child sexual abuse material, detected through the measures taken to execute the detection order referred to in point (1), pursuant to Article 12.deleted
2023/07/28
Committee: LIBE
Amendment 1006 #
Proposal for a regulation
Article 7 – paragraph 7
7. As regards detection orders concerning the solicitation of children, the significant risk referred to in paragraph 4, first subparagraph, point (a), shall be deemed to exist where the following conditions are met: (a) the provider qualifies as a provider of interpersonal communication services; (b) it is likely that, despite any mitigation measures that the provider may have taken or will take, the service is used, to an appreciable extent, for the solicitation of children; (c) there is evidence of the service, or of a comparable service if the service has not yet been offered in the Union at the date of the request for the issuance of the detection order, having been used in the past 12 months and to an appreciable extent, for the solicitation of children. The detection orders concerning the solicitation of children shall apply only to interpersonal communications where one of the users is a child user.deleted
2023/07/28
Committee: LIBE
Amendment 1011 #
Proposal for a regulation
Article 7 – paragraph 7 – subparagraph 1
As regards detection orders concerning the solicitation of children, the significant risk referred to in paragraph 4, first subparagraph, point (a), shall be deemed to exist where the following conditions are met: (a) the provider qualifies as a provider of interpersonal communication services; (b) it is likely that, despite any mitigation measures that the provider may have taken or will take, the service is used, to an appreciable extent, for the solicitation of children; (c) there is evidence of the service, or of a comparable service if the service has not yet been offered in the Union at the date of the request for the issuance of the detection order, having been used in the past 12 months and to an appreciable extent, for the solicitation of children.deleted
2023/07/28
Committee: LIBE
Amendment 1015 #
Proposal for a regulation
Article 7 – paragraph 8
8. The Coordinating Authority of establishment when requesting the issuance of detection orders, and the competent judicial or independent administrative authority when issuing the detection order, shall target and specify it in such a manner that the negative consequences referred to in paragraph 4, first subparagraph, point (b), remain limited to what is strictly necessary to effectively address the significant risk referred to in point (a) thereof. To that aim, they shall take into account all relevant parameters, including the availability of sufficiently reliable detection technologies in that they limit to the maximum extent possible the rate of errors regarding the detection and their suitability and effectiveness for achieving the objectives of this Regulation, as well as the impact of the measures on the rights of the users affected, and require the taking of the least intrusive measures, in accordance with Article 10, from among several equally effective measures. In particular, they shall ensure that: (a) where that risk is limited to an identifiable part or component of a service, the required measures are only applied in respect of that part or component; (b) where necessary, in particular to limit such negative consequences, effective and proportionate safeguards additional to those listed in Article 10(4), (5) and (6) are provided for; (c) subject to paragraph 9, the period of application remains limited to what is strictly necessary.deleted
2023/07/28
Committee: LIBE
Amendment 1021 #
Proposal for a regulation
Article 7 – paragraph 8 – subparagraph 1
The Coordinating Authority of establishment when requesting the issuance of detection orders, and the competent judicial or independent administrative authoritya court of law when issuing the detection order, shall target and specify it in such a manner that the negative consequences referred to in paragraph 4, first subparagraph, point (b), remain limited to what is strictly necessary to effectively address the significant risk referred to in point (a) thereof.
2023/07/28
Committee: LIBE
Amendment 1034 #
Proposal for a regulation
Article 7 – paragraph 9
9. 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. The start date shall be set taking into account the time reasonably required for the provider to take the necessary measures to prepare the execution of the detection order. It shall not be earlier than three months from the date at which the provider received the detection order and not be later than 12 months from that date. The period of application of detection orders concerning the dissemination of known or new child sexual abuse material shall not exceed 24 months and that of detection orders concerning the solicitation of children shall not exceed 12 months.deleted
2023/07/28
Committee: LIBE
Amendment 1036 #
Proposal for a regulation
Article 7 – paragraph 9 – subparagraph 1
The competent judicial authority or independent administrative authorityA court of law shall specify in the detection order the period during which it applies, indicating the start date and the end date.
2023/07/28
Committee: LIBE
Amendment 1053 #
Proposal for a regulation
Article 8
[...]deleted
2023/07/28
Committee: LIBE
Amendment 1057 #
Proposal for a regulation
Article 8 – paragraph 1
1. The competent judicial authority or independent administrative authority shall issue the detection orders referred to in Article 7 using the template set out in Annex I. Detection orders shall include: (a) information regarding the measures to be taken to execute the detection order, including the indicators to be used and the safeguards to be provided for, including the reporting requirements set pursuant to Article 9(3) and, where applicable, any additional safeguards as referred to in Article 7(8); (b) identification details of the competent judicial authority or the independent administrative authority issuing the detection order and authentication of the detection order by that judicial or independent administrative authority; (c) the name of the provider and, where applicable, its legal representative; (d) the specific service in respect of which the detection order is issued and, where applicable, the part or component of the service affected as referred to in Article 7(8); (e) whether the detection order issued concerns the dissemination of known or new child sexual abuse material or the solicitation of children; (f) the start date and the end date of the detection order; (g) a sufficiently detailed statement of reasons explaining why the detection order is issued; (h) a reference to this Regulation as the legal basis for the detection order; (i) the date, time stamp and electronic signature of the judicial or independent administrative authority issuing the detection order; (j) easily understandable information about the redress available to the addressee of the detection order, including information about redress to a court and about the time periods applicable to such redress.deleted
2023/07/28
Committee: LIBE
Amendment 1058 #
Proposal for a regulation
Article 8 – paragraph 1 – introductory part
1. The competent judicial authority or independent administrative authorityA court of law shall issue the detection orders referred to in Article 7 using the template set out in Annex I. Detection orders shall include:
2023/07/28
Committee: LIBE
Amendment 1075 #
Proposal for a regulation
Article 8 – paragraph 1 – point e a (new)
(ea) the person or group of persons covered by the detection order and specifics of the suspicion of illegal activities;
2023/07/28
Committee: LIBE
Amendment 1085 #
Proposal for a regulation
Article 8 – paragraph 2
2. The competent judicial authority or independent administrative authority issuing the detection order shall address it to the main establishment of the provider or, where applicable, to its legal representative designated in accordance with Article 24. The detection order shall be transmitted to the provider’s point of contact referred to in Article 23(1), to the Coordinating Authority of establishment and to the EU Centre, through the system established in accordance with Article 39(2). The detection order shall be drafted in the language declared by the provider pursuant to Article 23(3).deleted
2023/07/28
Committee: LIBE
Amendment 1086 #
Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 1
The competent judicial authority or independent administrative authorityurt of law issuing the detection order shall address it to the main establishment of the provider or, where applicable, to its legal representative designated in accordance with Article 24.
2023/07/28
Committee: LIBE
Amendment 1092 #
Proposal for a regulation
Article 8 – paragraph 3
3. If the provider cannot execute the detection order because it contains manifest errors or does not contain sufficient information for its execution, the provider shall, without undue delay, request the necessary clarification to the Coordinating Authority of establishment, using the template set out in Annex II.deleted
2023/07/28
Committee: LIBE
Amendment 1095 #
Proposal for a regulation
Article 8 – paragraph 4
4. The Commission shall be empowered to adopt delegated acts in accordance with Article 86 in order to amend Annexes I and II where necessary to improve the templates in view of relevant technological developments or practical experiences gained.
2023/07/28
Committee: LIBE
Amendment 1098 #
Proposal for a regulation
Article 9
[...]deleted
2023/07/28
Committee: LIBE
Amendment 1103 #
Proposal for a regulation
Article 9 – paragraph 1
1. Providers of hosting services and providers of interpersonal communications services that have received a detection order, as well as users affected by the measures taken to execute it, shall have a right to effective redress. That right shall include the right to challenge the detection order before the courts of the Member State of the competent judicial authority or independent administrative authority that issued the detection order.deleted
2023/07/28
Committee: LIBE
Amendment 1108 #
Proposal for a regulation
Article 9 – paragraph 2
2. When the detection order becomes final, the competent judicial authority or independent administrative authority that issued the detection order shall, without undue delay, transmit a copy thereof to the Coordinating Authority of establishment. The Coordinating Authority of establishment shall then, without undue delay, transmit a copy thereof to all other Coordinating Authorities through the system established in accordance with Article 39(2). For the purpose of the first subparagraph, a detection order shall become final upon the expiry of the time period for appeal where no appeal has been lodged in accordance with national law or upon confirmation of the detection order following an appeal.deleted
2023/07/28
Committee: LIBE
Amendment 1109 #
Proposal for a regulation
Article 9 – paragraph 2 – subparagraph 1
When the detection order becomes final, the competent judicial authority or independent administrative authorityurt of law that issued the detection order shall, without undue delay, transmit a copy thereof to the Coordinating Authority of establishment. The Coordinating Authority of establishment shall then, without undue delay, transmit a copy thereof to all other Coordinating Authorities through the system established in accordance with Article 39(2).
2023/07/28
Committee: LIBE
Amendment 1113 #
Proposal for a regulation
Article 9 – paragraph 3
3. Where the period of application of the detection order exceeds 12 months, or six months in the case of a detection order concerning the solicitation of children, the Coordinating Authority of establishment shall require the provider to report to it on the execution of the detection order at least once, halfway through the period of application. Those reports shall include a detailed description of the measures taken to execute the detection order, including the safeguards provided, and information on the functioning in practice of those measures, in particular on their effectiveness in detecting the dissemination of known or new child sexual abuse material or the solicitation of children, as applicable, and on the consequences of those measures for the rights and legitimate interests of all parties affected.deleted
2023/07/28
Committee: LIBE
Amendment 1119 #
Proposal for a regulation
Article 9 – paragraph 4
4. In respect of the detection orders that the competent judicial authority or independent administrative authority issued at its request, the Coordinating Authority of establishment shall, where necessary and in any event following reception of the reports referred to in paragraph 3, assess whether any substantial changes to the grounds for issuing the detection orders occurred and, in particular, whether the conditions of Article 7(4) continue to be met. In that regard, it shall take account of additional mitigation measures that the provider may take to address the significant risk identified at the time of the issuance of the detection order. That Coordinating Authority shall request to the competent judicial authority or independent administrative authority that issued the detection order the modification or revocation of such order, where necessary in the light of the outcome of that assessment. The provisions of this Section shall apply to such requests, mutatis mutandis.deleted
2023/07/28
Committee: LIBE
Amendment 1125 #
Proposal for a regulation
Article 10
[...]deleted
2023/07/28
Committee: LIBE
Amendment 1127 #
Proposal for a regulation
Article 10 – paragraph 1
1. Providers of hosting services and providers of interpersonal communication services that have received a detection order shall execute it by installing and operating technologies to detect the dissemination of known or new child sexual abuse material or the solicitation of children, as applicable, using the corresponding indicators provided by the EU Centre in accordance with Article 46.deleted
2023/07/28
Committee: LIBE
Amendment 1134 #
Proposal for a regulation
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 executing the 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.deleted
2023/07/28
Committee: LIBE
Amendment 1141 #
Proposal for a regulation
Article 10 – paragraph 3
3. The technologies shall be: (a) effective in detecting the dissemination of known or new child sexual abuse material or the solicitation of children, as applicable; (b) not be able to extract any other information from the relevant communications than the information strictly necessary to detect, using the indicators referred to in paragraph 1, patterns pointing to the dissemination of known or new child sexual abuse material or the solicitation of children, as applicable; (c) in accordance with the state of the art in the industry and the least intrusive in terms of the impact on the users’ rights to private and family life, including the confidentiality of communication, and to protection of personal data; (d) sufficiently reliable, in that they limit to the maximum extent possible the rate of errors regarding the detection.deleted
2023/07/28
Committee: LIBE
Amendment 1157 #
Proposal for a regulation
Article 10 – paragraph 3 – point d a (new)
(da) (e) focused on communications where there is an established suspicion of illegal activity and the technologies shall not lead to general monitoring of private communications;
2023/07/28
Committee: LIBE
Amendment 1166 #
Proposal for a regulation
Article 10 – paragraph 4
4. The provider shall: (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 execute the detection orders addressed to them; (b) establish effective internal procedures to prevent and, where necessary, detect and remedy any misuse of the technologies, indicators and personal data and other data referred to in point (a), including unauthorized access to, and unauthorised transfers of, such personal data and other data; (c) ensure regular human oversight as necessary to ensure that the technologies operate in a sufficiently reliable manner and, where necessary, in particular when potential errors and potential solicitation of children are detected, human intervention; (d) establish and operate an accessible, age-appropriate and user-friendly mechanism that allows users to submit to it, within a reasonable timeframe, complaints about alleged infringements of its obligations under this Section, as well as any decisions that the provider may have taken in relation to the use of the technologies, including the removal or disabling of access to material provided by users, blocking the users’ accounts or suspending or terminating the provision of the service to the users, and process such complaints in an objective, effective and timely manner; (e) inform the Coordinating Authority, at the latest one month before the start date specified in the detection order, on the implementation of the envisaged measures set out in the implementation plan referred to in Article 7(3); (f) regularly review the functioning of the measures referred to in points (a), (b), (c) and (d) of this paragraph and adjust them where necessary to ensure that the requirements set out therein are met, as well as document the review process and the outcomes thereof and include that information in the report referred to in Article 9(3).deleted
2023/07/28
Committee: LIBE
Amendment 1167 #
Proposal for a regulation
Article 10 – paragraph 4
4. The provider shall: (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 execute the detection orders addressed to them; (b) establish effective internal procedures to prevent and, where necessary, detect and remedy any misuse of the technologies, indicators and personal data and other data referred to in point (a), including unauthorized access to, and unauthorised transfers of, such personal data and other data; (c) ensure regular human oversight as necessary to ensure that the technologies operate in a sufficiently reliable manner and, where necessary, in particular when potential errors and potential solicitation of children are detected, human intervention; (d) establish and operate an accessible, age-appropriate and user-friendly mechanism that allows users to submit to it, within a reasonable timeframe, complaints about alleged infringements of its obligations under this Section, as well as any decisions that the provider may have taken in relation to the use of the technologies, including the removal or disabling of access to material provided by users, blocking the users’ accounts or suspending or terminating the provision of the service to the users, and process such complaints in an objective, effective and timely manner; (e) inform the Coordinating Authority, at the latest one month before the start date specified in the detection order, on the implementation of the envisaged measures set out in the implementation plan referred to in Article 7(3); (f) regularly review the functioning of the measures referred to in points (a), (b), (c) and (d) of this paragraph and adjust them where necessary to ensure that the requirements set out therein are met, as well as document the review process and the outcomes thereof and include that information in the report referred to in Article 9(3).deleted
2023/07/28
Committee: LIBE
Amendment 1191 #
Proposal for a regulation
Article 10 – paragraph 5
5. The provider shall inform users in a clear, prominent and comprehensible way of the following: (a) the fact that it operates technologies to detect online child sexual abuse to execute the detection order, the ways in which it operates those technologies and the impact on the confidentiality of users’ communications; (b) the fact that it is required to report potential online child sexual abuse to the EU Centre in accordance with Article 12; (c) the users’ right of judicial redress referred to in Article 9(1) and their rights to submit complaints to the provider through the mechanism referred to in paragraph 4, point (d) and to the Coordinating Authority in accordance with Article 34. The provider shall not provide information to users that may reduce the effectiveness of the measures to execute the detection order.deleted
2023/07/28
Committee: LIBE
Amendment 1200 #
Proposal for a regulation
Article 10 – paragraph 6
6. Where a provider detects potential online child sexual abuse through the measures taken to execute the detection order, it shall inform the users concerned without undue delay, after Europol or the national law enforcement authority of a Member State that received the report pursuant to Article 48 has confirmed that the information to the users would not interfere with activities for the prevention, detection, investigation and prosecution of child sexual abuse offences.deleted
2023/07/28
Committee: LIBE
Amendment 1205 #
Proposal for a regulation
Article 11
The Commission, in cooperation with the Coordinating Authorities and the EU Centre and after having conducted a public consultation, may issue guidelines on the application of Articles 7 to 10, having dueArticle 11 deleted Guidelines regard in particular to relevant technological developments and the manners in which the services covered by those provisions are offered and used.g detection obligations
2023/07/28
Committee: LIBE
Amendment 1251 #
Proposal for a regulation
Article 13 – paragraph 1 – point e
(e) whether the potential online child sexual abuse concerns the dissemination of known or new child sexual abuse material or the solicitation of children;deleted
2023/07/28
Committee: LIBE
Amendment 1300 #
Proposal for a regulation
Article 16
[...]deleted
2023/07/28
Committee: LIBE
Amendment 1301 #
Proposal for a regulation
Article 16 – paragraph 1
1. The Coordinating Authority of establishment shall have the power to request the competent judicial authority of the Member State that designated it or an independent administrative authority of that Member State to issue a blocking order requiring a provider of internet access services under the jurisdiction of that Member State to take reasonable measures to prevent users from accessing known child sexual abuse material indicated by all uniform resource locators on the list of uniform resource locators included in the database of indicators, in accordance with Article 44(2), point (b) and provided by the EU Centre.deleted
2023/07/28
Committee: LIBE
Amendment 1302 #
Proposal for a regulation
Article 16 – paragraph 2
2. The Coordinating Authority of establishment shall, before requesting the issuance of a blocking order, carry out all investigations and assessments necessary to determine whether the conditions of paragraph 4 have been met. To that end, it shall, where appropriate: (a) verify that, in respect of all or a representative sample of the uniform resource locators on the list referred to in paragraph 1, the conditions of Article 36(1), point (b), are met, including by carrying out checks to verify in cooperation with the EU Centre that the list is complete, accurate and up-to-date; (b) require the provider to submit, within a reasonable time period set by that Coordinating Authority, the necessary information, in particular regarding the accessing or attempting to access by users of the child sexual abuse material indicated by the uniform resource locators, regarding the provider’s policy to address the risk of dissemination of the child sexual abuse material and regarding the provider’s financial and technological capabilities and size; (c) request the EU Centre to provide the necessary information, in particular explanations and assurances regarding the accuracy of the uniform resource locators in indicating child sexual abuse material, regarding the quantity and nature of that material and regarding the verifications by the EU Centre and the audits referred to in Article 36(2) and Article 46(7), respectively; (d) request any other relevant public authority or relevant experts or entities to provide the necessary information.deleted
2023/07/28
Committee: LIBE
Amendment 1303 #
Proposal for a regulation
Article 16 – paragraph 3
3. The Coordinating Authority of establishment shall, before requesting the issuance of the blocking order, inform the provider of its intention to request the issuance of the blocking order, specifying the main elements of the content of the intended blocking order and the reasons to request the blocking order. It shall afford the provider an opportunity to comment on that information, within a reasonable time period set by that Coordinating Authority.deleted
2023/07/28
Committee: LIBE
Amendment 1304 #
Proposal for a regulation
Article 16 – paragraph 4
4. The Coordinating Authority of establishment shall request the issuance of the blocking order, and the competent judicial authority or independent authority shall issue the blocking order, where it considers that the following conditions are met: (a) there is evidence of the service having been used during the past 12 months, to an appreciable extent, for accessing or attempting to access the child sexual abuse material indicated by the uniform resource locators; (b) the blocking order is necessary to prevent the dissemination of the child sexual abuse material to users in the Union, having regard in particular to the quantity and nature of that material, the need to protect the rights of the victims and the existence and implementation by the provider of a policy to address the risk of such dissemination; (c) the uniform resource locators indicate, in a sufficiently reliable manner, child sexual abuse material; (d) the reasons for issuing the blocking order outweigh negative consequences for the rights and legitimate interests of all parties affected, having regard in particular to the need to ensure a fair balance between the fundamental rights of those parties, including the exercise of the users’ freedom of expression and information and the provider’s freedom to conduct a business. When assessing whether the conditions of the first subparagraph have been met, account shall be taken of all relevant facts and circumstances of the case at hand, including any information obtained pursuant to paragraph 2 and the views of the provider submitted in accordance with paragraph 3.deleted
2023/07/28
Committee: LIBE
Amendment 1305 #
Proposal for a regulation
Article 16 – paragraph 5
5. The Coordinating Authority of establishment when requesting the issuance of blocking orders, and the competent judicial or independent administrative authority when issuing the blocking order, shall: (a) specify effective and proportionate limits and safeguards necessary to ensure that any negative consequences referred to in paragraph 4, point (d), remain limited to what is strictly necessary; (b) subject to paragraph 6, ensure that the period of application remains limited to what is strictly necessary.deleted
2023/07/28
Committee: LIBE
Amendment 1306 #
Proposal for a regulation
Article 16 – paragraph 6
6. The Coordinating Authority shall specify in the blocking order the period during which it applies, indicating the start date and the end date. The period of application of blocking orders shall not exceed five years.deleted
2023/07/28
Committee: LIBE
Amendment 1307 #
Proposal for a regulation
Article 16 – paragraph 7
7. In respect of the blocking orders that the competent judicial authority or independent administrative authority issued at its request, the Coordinating Authority shall, where necessary and at least once every year, assess whether any substantial changes to the grounds for issuing the blocking orders occurred and, in particular, whether the conditions of paragraph 4 continue to be met. That Coordinating Authority shall request to the competent judicial authority or independent administrative authority that issued the blocking order the modification or revocation of such order, where necessary in the light of the outcome of that assessment or to take account of justified requests or the reports referred to in Article 18(5) and (6), respectively. The provisions of this Section shall apply to such requests, mutatis mutandis.deleted
2023/07/28
Committee: LIBE
Amendment 1309 #
Proposal for a regulation
Article 17
[...]deleted
2023/07/28
Committee: LIBE
Amendment 1313 #
Proposal for a regulation
Article 17 – paragraph 1
1. The Coordinating Authority of establishment shall issue the blocking orders referred to in Article 16 using the template set out in Annex VII. Blocking orders shall include: (a) the reference to the list of uniform resource locators, provided by the EU Centre, and the safeguards to be provided for, including the limits and safeguards specified pursuant to Article 16(5) and, where applicable, the reporting requirements set pursuant to Article 18(6); (b) identification details of the competent judicial authority or the independent administrative authority issuing the blocking order and authentication of the blocking order by that authority; (c) the name of the provider and, where applicable, its legal representative; (d) the specific service in respect of which the detection order is issued; (e) the start date and the end date of the blocking order; (f) a sufficiently detailed statement of reasons explaining why the blocking order is issued; (g) a reference to this Regulation as the legal basis for the blocking order; (h) the date, time stamp and electronic signature of the judicial authority or the independent administrative authority issuing the blocking order; (i) easily understandable information about the redress available to the addressee of the blocking order, including information about redress to a court and about the time periods applicable to such redress.deleted
2023/07/28
Committee: LIBE
Amendment 1315 #
Proposal for a regulation
Article 17 – paragraph 2
2. The competent judicial authority or independent administrative authority issuing the blocking order shall address it to the main establishment of the provider or, where applicable, to its legal representative designated in accordance with Article 24.deleted
2023/07/28
Committee: LIBE
Amendment 1316 #
Proposal for a regulation
Article 17 – paragraph 3
3. The blocking order shall be transmitted to the provider’s point of contact referred to in Article 23(1), to the Coordinating Authority of establishment and to the EU Centre, through the system established in accordance with Article 39(2).deleted
2023/07/28
Committee: LIBE
Amendment 1317 #
Proposal for a regulation
Article 17 – paragraph 4
4. The blocking order shall be drafted in the language declared by the provider pursuant to Article 23(3).deleted
2023/07/28
Committee: LIBE
Amendment 1318 #
Proposal for a regulation
Article 17 – paragraph 5
5. If the provider cannot execute the blocking order because it contains manifest errors or does not contain sufficient information for its execution, the provider shall, without undue delay, request the necessary clarification to the Coordinating Authority of establishment, using the template set out in Annex VIII.deleted
2023/07/28
Committee: LIBE
Amendment 1319 #
Proposal for a regulation
Article 17 – paragraph 6
6. The Commission shall be empowered to adopt delegated acts in accordance with Article 86 in order to amend Annexes VII and VIII where necessary to improve the templates in view of relevant technological developments or practical experiences gained.
2023/07/28
Committee: LIBE
Amendment 1322 #
Proposal for a regulation
Article 18
[...]deleted
2023/07/28
Committee: LIBE
Amendment 1499 #
Proposal for a regulation
Article 37 – paragraph 1 – subparagraph 2 a (new)
No action shall be taken without a decision from a court of law in the Member State where the provider of the relevant information is located;
2023/07/28
Committee: LIBE
Amendment 1527 #
Proposal for a regulation
Chapter IV – title
IV EUJOINT CENTRE TO PREVENT AND COMBAT CHILD SEXUAL ABUSE
2023/07/28
Committee: LIBE
Amendment 1529 #
Proposal for a regulation
Article 40 – title
Establishment and scope of action of the EUJoint Centre
2023/07/28
Committee: LIBE
Amendment 1530 #
1. A European Unionn intergovernmental Agency to prevent and combat child sexual abuse, the EUJoint Centre on Child Sexual Abuse, is established.
2023/07/28
Committee: LIBE
Amendment 1533 #
Proposal for a regulation
Article 40 – paragraph 2
2. The EU Centre shall contribute to the achievement of the objective of this Regulation by supporting and facilitating the implementation of its provisions concerning the detection, reporting, removal or disabling of access to, and blocking of online child sexual abuse and gather and share information and expertise and facilitate cooperation between relevant public and private parties in connection to the prevention and combating of child sexual abuse, in particular online. Its remit and powers shall not be expanded without prior evaluation and unanimous decision by Member States.
2023/07/28
Committee: LIBE
Amendment 1534 #
Proposal for a regulation
Article 40 – paragraph 2
2. The EUJoint Centre shall contribute to the achievement of the objective of this Regulation by supporting and facilitating the implementation of its provisions concerning the detection, reporting, removal or disabling of access to, and blocking of online child sexual abuse and gather and share information and expertise and facilitate cooperation between relevant public and private parties in connection to the prevention and combating of child sexual abuse, in particular online.
2023/07/28
Committee: LIBE
Amendment 1537 #
Proposal for a regulation
Article 41 – paragraph 1
1. The EUJoint Centre shall be a body of the Unionn intergovernmental body with legal personality in a Member State.
2023/07/28
Committee: LIBE
Amendment 1538 #
Proposal for a regulation
Article 41 – paragraph 2
2. In each of the Member States the EU Centre shall enjoy the most extensive legal capacfully comply wityh accorded to legal persons under their laws. It may, in particularnd respect their laws. It may, with the consent of the Member State concerned, acquire and dispose of movable and immovable property and be party to legal proceedings.
2023/07/28
Committee: LIBE