[CC] Swiss Internet censorship plans lurch forward
George(s) Lessard
media at web.net
Sun Mar 16 15:15:43 CET 2003
Swiss Internet censorship plans lurch forward
====================================================
Recent events have generated public concern over the future of online free speech in
Switzerland.
Nearly three months ago, a local Swiss magistrate, Francoise Dessaux, ordered many Swiss
Internet service providers (ISPs) to block access to various websites and to modify domain
name system servers so that "the name of the domain swiss-corruption.com points to an
empty page." A number of groups, ranging from cyberlibertarians to industry leaders,
immediately questioned the validity of this measure. The Swiss Internet User Group (SIUG-a
GILC member) and the Swiss Network operators Group (Swinog) issued a joint press release
arguing that the magistrate's order violated Swiss law, notably article 16 of the Swiss
constitution, which guarantees to every person "the right to receive information freely, to gather
it from generally accessible sources, and to disseminate it." SIUG and Swinog also pointed
that the blocking measures (such as those envisioned under the order) could be easily
bypassed, as a technical matter.
Subsequently, most Swiss providers at first refused to comply with the judge's request, but
backed down for fear for further legal action. However, Guido Honegger of Swiss ISP green
continued to hold out against Dessaux's command, and is now facing protracted litigation
because of disobedience. Other ISPs like Init Seven AG are redirecting users who try to visit
the banned sites to protest pages. In addition, the sites that were supposed to be blocked are
still online, this time with new web addresses-a move that is being seen as evidence as to the
futility of Dessaux's efforts.
Meanwhile, the Swiss federal office of justice has issued a proposal that may curb the ability of
people to see and hear what they want online. The plan would revise Swiss laws (that originally
targeted lotteries and betting) so that Internet service providers would be required to prevent
their users from access to certain enumerated games. Violators could face a year in prison or
fines of up to 1 Million Swiss francs (approximately EUR 660 000). Some observers fear that
the scheme, if approved, will set a dangerous precedent and pave the way for harsher
restrictions on Internet content. SIUG currently is planning to submit formal objections to the
scheme.
A copy of Dessaux's order is available (in PDF format) under
http://www.nrg4u.com:80/abuse/canton-de-vaud.pdf
The joint SIUG and Swinog press release is posted at
http://www.siug.ch/presse/Presse.20021213.txt
For background information, read "Schweizer Richter verlangt Website-Sperrung von
Providern," Heise Online, 12 December 2002 at
http://www.heise.de/newsticker/data/hob-12.12.02-000/
Visit the homepage of Swiss ISP green at
http://www.green.ch/
For more information about Init Seven, go to
http://www.init7.net/
To view a sample protest page, click
http://vaud.init7.net/
The relocated banned websites can be seen at
http://www.c9c.net/swiss-corruption/info
http://www.freejustice.de/
The official homepage of the Swiss Federal office of justice is located at
http://www.ofj.admin.ch/
=========================
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