Swiss Authorities’ Expanded Internet and Mobile Surveillance: Implications and Critiques

2023-12-30 15:50:02

From January 1, the Swiss authorities will have expanded means to monitor data from the Internet and mobile telephony. In particular, they will be able to more easily identify who is hiding behind a spoofed or unknown number.

Three ordinances relating to the law on telecommunications surveillance have been modified to respond to technological advances, in particular the arrival of 5G, according to the Federal Council. The changes which will come into force on January 1, 2024 must in particular make it possible to continue to prosecute fraudsters effectively.

In the case of criminals broadcasting an anonymous bomb call from a spoofed or unknown number, telephone operators will be required to provide the authorities with information enabling them to trace the call and know in real time the position of the person being pursued.

Speed

These new types of surveillance will also be applicable to searches in the event of an emergency, that is to say when the authorities must locate and rescue people whose bodily integrity or life is threatened as quickly as possible, explains the Confederation. .

The new provisions will also allow criminal prosecution authorities to obtain more quickly the data they need to identify culprits. The processing time will be reduced to six hours for suppliers who are required to have an on-call service, compared to one working day currently. This deadline is too long for urgent requests filed during a weekend or a public holiday, the authorities estimated.

Critiques

During the consultation procedure, several parties and human rights defenders criticized the new provisions, denouncing a large extension of surveillance. According to them, they bring in their wake potential violations of the private sphere and weaken the protection of user data. Telephone operators have denounced the additional charges imposed on them through these new provisions.

Faced with criticism, the Federal Council has also renounced for the moment the implementation of a controversial part of the revision. This involved forcing applications such as Whatsapp, Threema or Signal to remove the encryption used by operators to guarantee the confidentiality of messages.

ats/miro

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