Digital fixes and techno-solutionism: The EU’s tech-based battle against child sexual abuse

Abstract

Worldwide, the creation and distribution of child sexual abuse material (CSAM) is increasingly gaining attention as a widespread crime that needs to be addressed. In response, the European Commission proposed new legislation to regulate the prevention and combating of CSAM, resulting in the proposal for a Regulation laying down rules to prevent and combat child sexual abuse in May 2022. However, this proposed Regulation has sparked significant controversy and debate and has not yet been adopted or implemented. This article examines the developments and content of the proposed Regulation through the lens of techno-solutionism. In essence, techno-solutionism is the reframing of complex societal issues as problems that can be solved with technology or as processes that can be optimized with the right technology in place. It assumes a certain level of knowledge about the problem, rather than investigating it first. This article asserts that techno-solutionism is prevalent in the proposal, which poses risks to encryption and the fundamental right to privacy. Moreover, an overly techno-solutionist approach to addressing child sexual abuse can lead to unintended harm, potentially creating new issues rather than solving the original problem. One such consequence could be wrongful accusations of child abuse, causing significant damage to innocent individuals. The article proposes strategies to mitigate such risks, challenging the premise that new technologies can be an all-encompassing solution to child sexual abuse, while simultaneously not excluding effective uses of technological solutions.