The proposal,
published by Switzerland’s Minister of Justice
and Police, Simonetta Sommaruga, would provide law enforcement agencies with
unprecedented authority to collect personal information and intercept Internet
traffic. By extending the scope of the existing law to include all Internet
providers offering a public service “on the basis of IP technology”, including
foreign IP addresses, the proposed modifications would create substantial legal
uncertainty for Internet intermediaries operating in Switzerland and conflicts
of law for those outside.
“The
proposal would grant law enforcement agencies with extensive and poorly defined
new powers at the expense of the privacy rights of Internet users. This could
set a dangerous precedent, especially for countries with less robust
constitutional and judicial protections for citizens than Switzerland,” said
Matthias Langenegger, Deputy Representative at CCIA’s Geneva office.
The
Justice Department also wants to be able to demand both real time and
“retrospective” surveillance of data flows. CCIA is concerned by the proposed
obligation to record and retain all communications for f twelve months
as it is disproportionate and raises serious privacy issues. In addition, it
would require Internet intermediaries to deploy considerable resources to
acquire and maintain expensive surveillance equipment, which would likely put
some smaller intermediaries out of business - and could cause non-domestic
service providers with Swiss offices to relocate.
Although
the proposed modifications have potentially far-reaching implications for
Internet users and intermediaries, the proposals would not allow for scrutiny
by legislators and legal experts. In fact, the Federal Telecommunications Act
which sets the legal framework for the surveillance ordinance is currently
under revision by the Swiss parliament. By moving ahead with the modification
of the ordinance before the revision of the act has been completed, the Justice
Department undermines the legislative process and raises due process concerns.
CCIA’s
criticism was echoed by other major Swiss trade associations representing the
ICT sector, including SWICO, ICT Switzerland and Information Security Society
Switzerland (ISSS). The issue also received widespread press attention,
including from two of the most prominent national newspapers Le Temps (in French) and Neue Zurcher Zeitung (in German). 
