Switzerland: Swiss Surveillance Law: New Instruments – But Who Is Affected?

[Gunnar Larson]

https://www.mondaq.com/telecoms-mobile--cable-communications/1402650/swiss-surveillance-law-new-instruments--but-who-is-affected?email_access=on


Switzerland: Swiss Surveillance Law: New Instruments – But Who Is Affected?
19 December 2023
by Jonas Gassmann (VISCHER)
Vischer AG
View Jonas Gassmann (VISCHER) Biography on their website
On 1 January 2024, three partially revised implementing ordinances to the
Swiss Federal Act on the Surveillance of Post and Telecommunications (SPTA)
will enter into force. These provisions are related to 5G technology: the
declared aim is to prevent gaps in surveillance by introducing new types of
information and surveillance. This (first) revision package raises some
fundamental questions. It is still largely unclear which providers are
affected by the changes.

What It's About
The Swiss Federal Council at last divided the revision of surveillance law
into two parts:

First revision package: provisions for adapting three SPTA ordinances
(VÜPF; VD-ÜPF and VVS-ÜPF) to 5G technology. These provisions will enter
into force on 1 January 2024.
Second revision package: new definition of those providers obliged to
co-operate under surveillance law ("Affected Providers"). This part is
still pending.
The Swiss trade association of the ICT and online industry (Swico) and the
Swiss Social Democratic Party (SP) criticised this division of the revision
into two parts during the consultation process. They argued that the
current amendments would lay down obligations without specifying who would
be subject to these obligations. However, their request to withdraw the
first package of amendments and draw up a new proposal which also includes
the second package was not honoured.
-------------- next part --------------
A non-text attachment was scrubbed...
Name: not available
Type: text/html
Size: 2229 bytes
Desc: not available
URL: <https://lists.cpunks.org/pipermail/cypherpunks/attachments/20231221/b254d7c9/attachment.txt>