Federal Council: State Trojans should be permitted to a "limited extent"
Die Polizei soll für Computer in Strafverfahren mit Software überwachen dürfen. Das entschied der Bundesrat am Mittwoch. Der Einsatz der sogenannten «Staatstrojaner» soll aber auf die Überwachung von Internet- Telefonie und E-Mail beschränkt werden.
According to the Federal Council, the more extensive use of software that is secretly introduced into computers would not be permitted. This includes, for example, searching computers or manipulating microphones to turn them into bugging devices, as the Federal Department of Police and Justice (FDJP) announced on Wednesday. The encrypted communication of suspects via Internet telephone services such as Skype can only be monitored with the controversial programs. Surveillance is only permitted for certain offenses for which undercover investigations are also permitted. It must also be approved by a court.
Until now, the legal situation regarding the use of surveillance software was considered controversial. According to information from August, the technology has been used four times so far. The deployments only came to light when a controversy arose in Germany about Trojans used there. The German company in question stated that it had also supplied the software to Switzerland.
The consultation on the revision of the Postal and Telecommunications Surveillance Act (BÜPF) ended a year ago in the summer. At the time, the political parties and IT industry associations hardly had a good word to say about the draft: they criticized the use of Trojans, the longer data storage period and the planned assumption of costs by private providers with varying degrees of vehemence. The FDJP went on to say that this was a decision by the Federal Council. The FDJP will now prepare a dispatch for parliament.
At the same time, however, the Federal Council also decided to amend the Ordinance to the Act (VÜPF) as early as January 1. This is intended to specify which surveillance methods the prosecution authorities will be allowed to use in the near future. In doing so, the government backtracked on its draft from the summer. Only providers who offer Internet access are to be obliged to enable surveillance, but not providers of chat and community services such as Facebook. (SDA)
