A last-minute decision by Germany derailed attempts at legislating for “Chat Control” a controversial initiative designed to give European governments and Europol in particular backdoor access to devices under the guise of fighting the dissemination of child abuse.

On the cards since 2021, Chat Control has found itself subject to a cross-partisan lobbying campaign as Ireland toed the line with both Paris and the Danish EU Council Presidency against hesitation from Germany, Austria, Netherlands and the Czechia. 

The core concept of Chat Control directly contravenes the end-to-end encryption promises of platforms such as WhatsApp, Telegram and Signal with the latter promising to withdraw from the EU should it pass. The current wording promises to keep the scanning of communications to purely images though opponents warn about the inherent mission creep built into the text.

The latest volte face by the CDU-led German government kicks the issue of Chat Control down the road, potentially to be resurrected again when Ireland takes up the EU Council Presidency in July and is able to steer the EU agenda.

Similar to transatlantic data protection dispute mediated by the Irish DPC, the tax affairs of Silicon Valley multinationals as well as the latest round of free speech wars triggered by the EU’s DSA on content regulation, Dublin has an interesting role in managing the prospective Chat Control rollout-up, both spoken and unspoken.

Chat Control is motivated by the Pegasus surveillance scandals of the late 2010s where various European governments were caught surveilling the phones of key civil society figures without proper authorisation leading to an intense backlash.

The resulting furore meant European intelligence agencies sought to look for new judicial ways to access data, ideally to bypass an increasingly unreliable USA, with the topic of child safety providing ample cover.

Chat Control for this reason can be seen as an attempt to domesticate surveillance by embedding scanning within EU-governed civilian infrastructure, rather than depending on Israeli or US-origin technologies such as Pegasus.

For Dublin, if Chat Control passes in anything close to its current or “compromise” form, Ireland naturally becomes one of the most strategically exposed.

Nearly every major encrypted messaging or cloud service (WhatsApp, Apple iMessage, Google, Signal, Microsoft, operates their EU legal entities through Dublin. If detection orders are issued, they’ll land first on Irish-registered subsidiaries. 

Ireland thus becomes the gateway jurisdiction for implementing (or resisting) government scanning mandates running it through the Irish Data Protection Commission (DPC).

Already under fire from the recent RTE expose on its handling of phone data this means the DPC becomes the operational middleman between EU scanning orders and U.S. companies’ encryption architecture, a politically explosive role for the entire state.

The broader context is that Ireland is notionally outside NATO intelligence-sharing mechanisms, yet technically aligned with the Five Eyes making Dublin the prime interface between the US and EU down the line.

Should Ireland align firmly with Brussels and enforce detection mandates, it effectively holds a data chokepoint card. American. companies can’t afford to abandon the EU market; thus Washington might tolerate limited backdoors like Chat Control that Dublin in turn could leverage that for concessions on tax, Gaza, and other pet policies of the Irish government.

For Europe’s intelligence community and even unscrupulous national governments, Chat Control is the holy grail of lawful access, a surveillance capability embedded in the everyday digital environment, legitimised by regulation rather than secrecy.

Ultimately, Chat Control is not about “protecting children” so much as Brussels establishing a continental surveillance template that weakens US tech dominance, undermines free speech, and creates a model authoritarian regimes from Belarus to Beijing could copy. All mediated potentially by Irish technocrats in Dublin office space.

Whether we properly understood it or not Ireland has become the hinge on which Europe’s future depends on to mediate the basic functions of civic life.

Posted by Ned Gubbins