I'm pretty sure that if this passes, the EU Court of Justice will eventually find it more or less in violation with EU fundamental rights.
That will take time, though, so I guess they are either hoping that some impossibly secure, reliable and unerring technologies emerge in the meantime, or they are prepared for a forever battle with the Court, coming up with ever new adjustments as soon as previous schemes get struck down[1], meanwhile allowing European law enforcement agencies to keep testing, developing and iterating on whatever client-side scanning or other techno-legal approaches they may come up with. I think this was roughly what they — ie, basically a group of a dozen or two law enforcement reps from different member states agencies and ministries along with like one lonely independent information security expert — said themselves in some working group report as part of some kind of Commission roadmap thing presented by von der Leyen not too long ago.
[1] On the data protection side we've already seen this kind of perpetual movement through the years with respect to different “safeguarding” mechanisms made available to enable transfers of personal data to the US without too much hassle, from Safe Harbor through Privacy Shield to the current Data Privacy Framework.
That will take time, though, so I guess they are either hoping that some impossibly secure, reliable and unerring technologies emerge in the meantime, or they are prepared for a forever battle with the Court, coming up with ever new adjustments as soon as previous schemes get struck down[1], meanwhile allowing European law enforcement agencies to keep testing, developing and iterating on whatever client-side scanning or other techno-legal approaches they may come up with. I think this was roughly what they — ie, basically a group of a dozen or two law enforcement reps from different member states agencies and ministries along with like one lonely independent information security expert — said themselves in some working group report as part of some kind of Commission roadmap thing presented by von der Leyen not too long ago.
[1] On the data protection side we've already seen this kind of perpetual movement through the years with respect to different “safeguarding” mechanisms made available to enable transfers of personal data to the US without too much hassle, from Safe Harbor through Privacy Shield to the current Data Privacy Framework.