[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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