30 Amendments of Charlie WEIMERS related to 2022/0155(COD)
Amendment 279 #
Proposal for a regulation
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The European Parliament rejects the Commission proposal (COM(2022)0209).
Amendment 289 #
Proposal for a regulation
Recital 2
Recital 2
(2) Given the central importance of relevant information society services, those aims can only be achieved by ensuring that providers offering such services in the Union behave responsibly and take reasonable measures to minimise the risk of their services being misused for the purpose of child sexual abuse, those providers often being the only ones in a position to prevent and combat such abuse. The measures taken should be targeted, carefully balanced and proportionate, so as to avoid any undue negative consequences for those who use the services for lawful purposes, in particular for the exercise of their fundamental rights protected under Union law, that is, those enshrined in the Charter and recognised as general principles of Union law, and so as to avoid imposing any excessive burdens on the providers of the services. Considering the importance of the right to privacy, including the protection of personal data, as guaranteed by the Charter of Fundamental Rights, nothing in this regulation should be interpreted in a way that would enable future broad based mass surveillance.
Amendment 499 #
Proposal for a regulation
Article 1 – paragraph 1 – subparagraph 2 – point b
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;
Amendment 540 #
Proposal for a regulation
Article 1 – paragraph 4 a (new)
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.
Amendment 672 #
Proposal for a regulation
Article 3 – paragraph 2 – point e – point iii
Article 3 – paragraph 2 – point e – point iii
Amendment 802 #
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
Amendment 851 #
Proposal for a regulation
Article 6
Article 6
Amendment 877 #
Proposal for a regulation
Article 6 a (new)
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.
Amendment 878 #
Proposal for a regulation
Article 6 b (new)
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;
Amendment 891 #
Proposal for a regulation
Article 7 – paragraph 1
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.
Amendment 912 #
Proposal for a regulation
Article 7 – paragraph 3 – subparagraph 1 – point a
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;
Amendment 946 #
Proposal for a regulation
Article 7 – paragraph 3 – subparagraph 3
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.
Amendment 961 #
Proposal for a regulation
Article 7 – paragraph 4 – subparagraph 1 – point a
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;
Amendment 1011 #
Proposal for a regulation
Article 7 – paragraph 7 – subparagraph 1
Article 7 – paragraph 7 – subparagraph 1
Amendment 1021 #
Proposal for a regulation
Article 7 – paragraph 8 – subparagraph 1
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.
Amendment 1036 #
Proposal for a regulation
Article 7 – paragraph 9 – subparagraph 1
Article 7 – paragraph 9 – subparagraph 1
Amendment 1058 #
Proposal for a regulation
Article 8 – paragraph 1 – introductory part
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:
Amendment 1075 #
Proposal for a regulation
Article 8 – paragraph 1 – point e a (new)
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;
Amendment 1086 #
Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 1
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.
Amendment 1109 #
Proposal for a regulation
Article 9 – paragraph 2 – subparagraph 1
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).
Amendment 1157 #
Proposal for a regulation
Article 10 – paragraph 3 – point d a (new)
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;
Amendment 1167 #
Proposal for a regulation
Article 10 – paragraph 4
Article 10 – paragraph 4
Amendment 1499 #
Proposal for a regulation
Article 37 – paragraph 1 – subparagraph 2 a (new)
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;
Amendment 1527 #
Proposal for a regulation
Chapter IV – title
Chapter IV – title
IV EUJOINT CENTRE TO PREVENT AND COMBAT CHILD SEXUAL ABUSE
Amendment 1529 #
Proposal for a regulation
Article 40 – title
Article 40 – title
Establishment and scope of action of the EUJoint Centre
Amendment 1530 #
1. A European Unionn intergovernmental Agency to prevent and combat child sexual abuse, the EUJoint Centre on Child Sexual Abuse, is established.
Amendment 1533 #
Proposal for a regulation
Article 40 – paragraph 2
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.
Amendment 1534 #
Proposal for a regulation
Article 40 – paragraph 2
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.
Amendment 1537 #
Proposal for a regulation
Article 41 – paragraph 1
Article 41 – paragraph 1
1. The EUJoint Centre shall be a body of the Unionn intergovernmental body with legal personality in a Member State.
Amendment 1538 #
Proposal for a regulation
Article 41 – paragraph 2
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.