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Swiss ISPs Must Archive E-mail For 6 Months

the_danielsan writes: "I first thought this (this ain't yellow press) would be a joke, but apparently swiss ISPs are now enforced to monitor all outgoing mails up to a period of 6 month - at their own cost! sunrise, a larger ISP, speaks of 50,000 to 100,000 CHF (that's about 31,405 to 62,810 USD according to my currency calculator) to update their systems. heise Newsticker has the same story running (both German). I can't believe this." For non-German readers, babelfish does a decent job with these articles.

56 comments

  1. FP? by jakobk · · Score: 1

    WTF? I mean, is this really possible? I'm quite shocked by the devaluation of democratic rights around the world.

    1. Re:FP? by jo42 · · Score: 1

      Imagine: 95.42% of the archived e-mail will be spam!

  2. Curse of Socialism by zpengo · · Score: 2
    The spectrum of government goes from free and chaotic to secure and restricted. You trade structure for freedom -- the two aren't compatible.

    In the US, though we're fond if whining about our government, we tend to be more on the free and chaotic side of the spectrum. Not all the way, of course, but at least on that side.

    Europeans have been so accustomed to the idea of trading freedom for security, though, that they willingly allow these things to happen. It's just another day in the life for them.

    Our country may not be as good as it could be, but thank God we're not socialists.

    --


    Got Rhinos?
    1. Re:Curse of Socialism by PD · · Score: 2

      I'm with you brother! I'd like to add that if the Swiss had the right to have a gun in their house, then they wouldn't be suffering under the tyranny of e-mail storage. Thank God we've got our guns here in the US of A.

      (do I REALLY need to mention that this is sarchasm?)

    2. Re:Curse of Socialism by alphaseven · · Score: 2, Insightful

      Ahem, Carnivore, Echelon, DMCA, facial recognition cameras... the U.S. has been pioneering a heck of a lot more of surveilance on the public than a lot of these European countries, why do you think terrorists hang out and do their planning in Europe and Canada before heading to the U.S?

      Hey, if socialism is so restrictive of freedom, how come I can smoke a joint in the Netherlands but not in the U.S?

    3. Re:Curse of Socialism by zpengo · · Score: 0, Troll
      Ahem, Carnivore, Echelon, DMCA, facial recognition cameras... the U.S. has been pioneering a heck of a lot more of surveilance on the public than a lot of these European countries.

      We're not pioneering it, we're just talking about it more. We fight the things that most Europeans take for granted.

      --


      Got Rhinos?
    4. Re:Curse of Socialism by medcalf · · Score: 2

      In one of the early Federalist papers, this is discussed quite thoroughly. In essence, it is the historical need for standing armies and fortified borders, and the concommitant need to take away the rights of the people who lived in those border areas, that over time accustomed the Europeans to being deprived of liberties to the point where they don't realize that they are so deprived.

      --
      -- Two men say they're Jesus. One of them must be wrong. - Dire Straits
    5. Re:Curse of Socialism by leviramsey · · Score: 1

      Of course the fact that Switzerland may be the most Libertarian state on the face of the planet is not known by any of you.

      Hell, they go beyond allowing anybody to buy a machine gun: by law, most households are required to have a government issued machine gun. This, of course, is part of why no one picks on Switzerland.

    6. Re:Curse of Socialism by jmd! · · Score: 2

      > Our country may not be as good as it could be, but thank God we're not socialists.

      Norman Thomas, For many years the U.S. Socialist Presidential candidate proclaimed: "The American people will never knowingly adopt Socialism. But under the name of "liberalism" they will adopt every fragment of the Socialist program, until one day America will be a Socialist nation, without knowing how it happened."

      Norman Thomas and Gus Hall, the U.S. Communist Party candidate, both quit American politics, agreeing that the Republican and Democratic parties by 1970 had adopted every plank of the Communist/Socialist Party and they no longer had an alternative party platform on which to run.

    7. Re:Curse of Socialism by tzanger · · Score: 2

      (do I REALLY need to mention that this is sarchasm?)

      I sure hope I don't have to jump across it. :-)

    8. Re:Curse of Socialism by Anonymous Coward · · Score: 0

      Yeah, Americans have the freedom to go to prison if they visit Cuba.

    9. Re:Curse of Socialism by Drakin · · Score: 1

      the other part is... what does Switzerland have that anyone wants... I mean really...

    10. Re:Curse of Socialism by Anonymous Coward · · Score: 0
      Nazi gold, maybe?

      ~~~

    11. Re:Curse of Socialism by Anonymous Coward · · Score: 0

      Yep. Thomas had 32 points. 31 of them have become law.

    12. Re:Curse of Socialism by Anonymous Coward · · Score: 0

      mmm... cute swiss college babes... mmmm

    13. Re:Curse of Socialism by Zarquon · · Score: 3, Insightful

      Money.. chocolate.. information on who owns what money.. Chocolate.. Some great skiing in the Alps.. Chocolate.. Getting rid of it's reputation as pretty much the only European nation to actually pull off being neutral for the last century.. Chocolate.

      --
      "'Tis great confidence in a friend to tell him your faults, greater to tell him his." --Poor Richard's Almanac
    14. Re:Curse of Socialism by weeerdo · · Score: 0

      Yeah - like universally accessible medical care. Fight the good fight, Central-North-America!

  3. Just the headers. by jakobk · · Score: 3, Informative

    Well, they do not want to archive the contents, just the header data.

    1. Re:Just the headers. by jeffy124 · · Score: 1

      aka, traffic analysis. the same that could be done at the post office if they wanted to.

      --
      The One Rule Of Chess You'll Ever Need: Don't play someone who carries a kit in their bookbag.
    2. Re:Just the headers. by sulli · · Score: 1

      it still sux badly

      --

      sulli
      RTFJ.
    3. Re:Just the headers. by J'raxis · · Score: 1

      Ah. And this is exactly the same as a lot of governments do with every other communications medium already. The U.S. phone companies keeps call records detailing whos calling whom, for how long and when; the post office could (not sure if they do or not) keep records of recipients and return addresses. In other words, this is no more invasive than what we deal with in the offline world already.

  4. What? by hettb · · Score: 0

    Umm, Switzerland is definitely NOT a socialist country!

    1. Re:What? by zpengo · · Score: 1, Troll

      Your knowledge of international politics comes from a blurb in a CIA-funded reference that most school children find overly simplistic?

      --


      Got Rhinos?
    2. Re:What? by Anonymous Coward · · Score: 0

      In this case, it is more out-of-date info than simplistic info. But your basic premise stands.

  5. switzerland is not the US by voisine · · Score: 1

    I think you'll find that the Swiss tend to be
    very supportive all the silly laws the government
    passes. My favorite is that you must turn your
    car off if you are sitting at a light for longer
    than 30 seconds or so. They're not as fond of their
    personal freedoms as we are in the states.

    1. Re:switzerland is not the US by Anonymous Coward · · Score: 0

      you moron,

      we just tend to give a goddamn shit about
      our environment and yes
      we are not the US and this is a good thing (TM)

    2. Re:switzerland is not the US by silicon_synapse · · Score: 1

      Stopping and restarting an engine while sitting at a stop light will waste more gas and be harder on the engine than letting it idle.

    3. Re:switzerland is not the US by Anonymous Coward · · Score: 0

      really depends on the time
      methinks and hence the 30 seconds...

      don't have hard data though, maybe you
      do??? would be really interested..

    4. Re:switzerland is not the US by Anonymous Coward · · Score: 0

      IIRC, the time is something like 1 or 2 minutes. However, an car engine the vast majority of an engine's wear occurs at startup. That means reduced engine life (more landfill space and fluids leaking into the soil) and more oil burning, which is MUCH worse for the air than burning gasoline.

      Any way you look at it, it is a stupid law.

    5. Re:switzerland is not the US by JWBsDad · · Score: 1

      So do their traffic light come with timers?

      --
      Ahhh yess, the obligatory sigh oh, did you say sig?
    6. Re:switzerland is not the US by Bobzibub · · Score: 2

      The Swiss supporting silly laws is true (like no work on weekends!) but not necessarily unique. It also depends upon what the 'total' in "total information awareness" mean to you:
      http://www.darpa.mil/iao/
      There is some neat (but scary) techno stuff in there. If you or I did it--it would be called "stalking". ; )

      In case any Europeans get snooty over the above, this should humble them some:
      http://www.statewatch.org/news/2002/may/05s urv.htm

      Anyone think that the /. YRO section is getting a little dated? I think that YouHaveNoRO (YHNRO!) might be more apt now. Mebbe Larry was right all along?

      Cheers, All!
      -b

    7. Re:switzerland is not the US by voisine · · Score: 1

      Sorry if I offended you. I only
      meant to point out that Switzerland
      is very different, not to pass
      judgement. I and a lot of Americans
      find the laws silly, the Swiss do not.

    8. Re:switzerland is not the US by Rolo+Tomasi · · Score: 1

      No. The wear occurs due to the oil flowing off the engine's parts and surfaces down into the oil pan/transaxle. The higher fuel consumption is because the engine is cold and the oil is stickier. If you turn off a warm engine and start it again within ten minutes, none of these effects occurs. Therefore, turning your engine off at a red light is advisable. The only part that will get stressed more than normally is the starter motor.

      --
      Did you know you can fertilize your lawn with used motor oil?
  6. all outgoing mails by DrSkwid · · Score: 2

    not read the article but what defines an ISP and at what level would the capture be?

    I mean I don't use my ISP's mailserver directly as a relay I use my own SMTP server, do I become my own ISP? Or will my upstream provider be required to scan all of my port 25 ourgoing traffic too?

    --
    There are places where the networks are not touching,and there are places where they are-Boeing's Lori Gunter
    1. Re:all outgoing mails by isotope23 · · Score: 1

      As these laws come to pass, I forsee
      programs which will use different ports to
      send out email to an external emailer....

      Perhaps encrypted to the emailer on a random port,
      to be unencrypted there or by the recipient

      --
      Service guarantees Citizenship! Questions Guarantee GITMO.... Amerika Uber Alles!
  7. Simple: Plug in Feedback by 4of12 · · Score: 2

    Just pass the charges for implementing the system and for storing the data onto the users with a full explanation that they are paying to be in compliance with the legal provision.

    They're the voters - let them taste a little of their government in action, let them feedback as they deem fit if they find the added "value" of this measure insufficient relative to its costing them.

    Representative government in action!

    --
    "Provided by the management for your protection."
    1. Re:Simple: Plug in Feedback by acceleriter · · Score: 2, Insightful
      That only works for monopolies or oligopolies like phone companies (pass on a corporate tax as a $2 "universal service charge" and blame it on the FCC, for example).

      The first ISP to start doing this would hemmorage customers, unless it could get the others to go along--which we all know is illegal.

      --

      CEE5210S The signal SIGHUP was received.

    2. Re:Simple: Plug in Feedback by Anonymous Coward · · Score: 0
      Just in case you don't know (and you probably don't) the Swiss are very much in tune with the concept that laws have repercusions. The voters have been known to strike down tax cuts (yes, you read correctly - tax *cuts*), because if taxes were lower, they couldn't fund all the government programs they need.

      And as for the voters deciding ... all it takes in Switzerland is the signature of only 10,000 (IIRC) citizens (number for the *entire* country) to force a national, *binding* referendum on *any* issue. (Including this one.)

      But the Swiss, as a whole, tend to be a communal nation. In fact, the quasi-official Swiss-German term for Switzerland, "Eidgenossenshaft"(sp?), loosely translates as "brothership of the oath" with strong "all for one and one for all" overtones. The Swiss tend to greatfully relinquish individual freedoms if doing so would truely benefit the common good. (But it takes quite a bit of effort to convince your average Swiss that such a sacrifice would have any actual effect.)

  8. It's personal by Anonymous Coward · · Score: 0

    Why does this comment deserve a -1 moderator edit? Oh yeah, you don't like the poster. I forgot.

    1. Re:It's personal by Anonymous Coward · · Score: 0

      I don't see any moderation attached to that post.

      Looks like the poster has sufficiently negative karma (from *previous* posts) that s/he posts at -1 automatically.

  9. Let's encrypt our email! by Anonymous Coward · · Score: 0

    Seriously, it scares me what's happening in the world. I think however, we should be smarter than all "up there" guys that do want to take away our right to privacy!

    Let's only send encrypted mail. And I mean everyone and always!
    The one proven email service provider I know that uses the highest in cryptography is called CryptoHeaven. There is also Hushmail, (but I don't know much about these guys)... and of course for more advanced users our good old friend PGP.

    1. Re:Let's encrypt our email! by Anonymous Coward · · Score: 0

      Good point! Even if you have to pay just a little more for email service. Your privacy is worth it!

    2. Re:Let's encrypt our email! by andy737 · · Score: 1

      It's hard to convince regular users to encrypt their email. People don't realize what they are doing. But for those of us who understand the importance of encryption, we should pass the word around.

  10. Redefine "e-mail" by madburn · · Score: 2, Insightful

    This move seems similar in goal to Carnivore, except it shifts the burden to the poor ISPs who have to pay the costs. I question the chain of custody issues with any "evidence", although I'm ignorant of the Swiss legal system.

    Reading the articles there doesn't seem to be enough detail on what e-mail is, so I will assume it's rfc822-style traffic. The obvious way to avoid this law would then be to not use that kind of message traffic. What an opportunity for one or more of the Swiss ISPs to change the landscape of network messaging.

    It's time for the existing email infrastructure to wither and die since it's been overrun by spamming and virus delivery.

  11. Re: Swiss gun control by Anonymous Coward · · Score: 0

    For your information, most Swiss households have some sort of semi-automatic with a few cases of ammunition somewhere. The Swiss army is organized on a reservist basis, and reservists are supposed to be able to get to mobilization centers even if they have to fight their way there, therefore the requirement.

    Now, on the other hand, they have an order of magnitude lower violent crime rate than the US has, but that's because of cultural differences, not for lack of available weaponry. Yeah, strange.

  12. J'raxis = The WIPO Troll by Anonymous Coward · · Score: 0

    You may think you have fooled everyone into thinking that you are not The WIPO Troll. You are mistaken. Your trolling days will haunt you forever. Do not forget it.

  13. Bravo Switzerland! Death to Spammers! by neitzsche · · Score: 1

    They *are* going to use this to track down and execute spammers, right? Oh please, oh please!

    If you send something unencrypted via e-mail you should expect it to have about the same privacy as a post card. If you're shocked that a government entity is tracking your e-mail then you are very naive.

    --
    "God is dead." - Frederik Nietzsche
  14. What is email? by NoMercy · · Score: 1

    How do you define email?

    'Electronic comunication system where messages are stored for later transmition to one or more recipiants'

    Thats the best I can come up with, unforutnately it covers many more things than email, and doesn't
    cover the case when email is a direct peer to peer operation.

  15. The Gov't can pay for it by Anonymous Coward · · Score: 0

    If the government wants ISPs to store 6 months of outgoing mail, then the Government can bring in a storage array at they're own cost. I work for an ISP in Canada, and if the Gov here wanted us to store all of our email, I would't have a problem storing it on something that they provide... but the idea of them telling us that we need to buy a storage array because *someday* they *might* want to look through it is crazy.

  16. 7 Years in UK. by Martin+Spamer · · Score: 2


    In the UK we dream of only 6months retention, a UK ISP must keep a copy of the Network Traffic they carry for a period of not less than 7 years, just incase of investigation. Failure to do so is a criminal offense.

    The Home Office seems to be dilligently ignorant of the fact that is actually impossible in practice to comply with this law and the directors of every UK ISP are breaking the law.

    http://www.homeoffice.gov.uk/ripa/ripact.htm

    1. Re:7 Years in UK. by psicic · · Score: 2

      Yeah, I really couldn't believe the whole RIP thing in the UK - especially as it happened so close to home(Ireland) with virtually no comment from the general media.
      So the UK not only demands ISPs to provide the ablitiy to intercept and store any private e-mails, it also makes it illegal to withold your encryption keys, even providing for jail time and fines if you 'lose' your key and can't prove that the loss is genuine. At the same time the power of enforcement is altered significantly and a minister or local authority, among others, can issue a warrent to police to seize your encryption keys.
      While the RIP was being passed in Britain, in Ireland the legality of electronic signatures, the privacy of encryption key etc... were being legislated for. Also e-mails are not intercepted/stored.


      This link has the - now very old - story regarding the differences between Ireland and Britain.

      Given the relative closeness of the two countries, that the people (mostly) speak the same language, watch the same tv, read the same books etc... it's amazing how different we are. It would be interesting to find out how different other EU countries are with respect to encryption/stored e-mails etc.



      8)

      --
      Concrete analysis...
  17. Simple fix by Anonymous Coward · · Score: 0

    Write scripts that continually send out emails to blackhole addresses in the sky. Distribute said scripts widely. Make it enormously expensive for ISPs to implement this crap. Flood their freakin' file servers. Not the ISP's fault, but at some point people have to insist that their vendors quit knuckling under, and make them pay a price if they do. It worked in America in the 1770s, when businesses that went along with British edicts caught all kinds of hell...and it'll work today.

  18. Reality in switzerland by theolein · · Score: 2

    Here in Zürich, where I live, at 5pm in the afternoon I sit in the same traffic jams that I would be sitting in in any city in the world. No one switches off their engines at the traffic lights anymore. That way a waste of time anway and impossible to enforce.

  19. Well in Switzerland there's referendums. by theolein · · Score: 2

    The swiss political system provides for initiatives with referendums which are legally binding. Anyone can start one and it gets voted on if there are more than 100 000 votes (Switzerland is small). What that means is that all you need to do is start an initiative and collect signatures. If it gets through you do your best to inform the public that their privacy is in danger (there is always a rundown of the initiatives sent to voters but many don't bother to read them). If people are worried enough, out the window, the law goes. End of story.

  20. The real stuff by Anonymous Coward · · Score: 0

    This thread seems limited to e-mail. If any of you actually bothered researching this, instead of being extremely sensationalist & reactionary, then you would know that the rules come in to effect next year, not this year, and it does not only apply to e-mail, but also telephone conversations, etc.

    I personally agree with it. Some of you comment that Europeans are used to a lack of freedom. I cannot comment on that, but the Swiss are NOT a part of the EU, and so you should not confuse any other EU related stuff you see. They are totally independant. About a lack of freedom: How many schools in Europe have armed police patrolling them?

    And for those that doubt it is possible, I can assure you that it is very easy, so break the rules if you dare! The price quote from Sunrise seems reasonable.

    I would like to see this kind of comment page under HTTPS so I cannot be monitored for content!! But that is just me.