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I just read through the document... The surveillance is only applicable if a lawsuit has been started. So one needs put this into context but it still brings up
by mkuhn 17y ago
I just read through the document... The surveillance is only applicable if a lawsuit has been started. So one needs put this into context but it still brings up some concerns.
As far as I understood it this measure is taken to be able to do surveillance on someones internet connection the same way law enforcement does with phone lines.
- mkuhn 17y agoI also just had a look at the law this administrative extension extends, SR780.1 (http://www.admin.ch/ch/d/sr/780_1/index.html http://www.admin.ch/ch/d/sr/780_1/index.html, unfortunatley I wasn't able to find an English translation) Especially interesting is Article 3: Prerequisits (http://www.admin.ch/ch/d/sr/780_1/a3.html http://www.admin.ch/ch/d/sr/780_1/a3.html): (I'm no lawyer and not a native english speaker so my translation might be incorrect but you'll get the picture) To be able to command surveillance the following factors have to be fulfilled: a. Certain factors justify the urgent suspicion, the person to be surveyed has commited one of the crimes listed in paragraph 2 or 3 or was part of such a crime. b. The gravity of such a crime justifies the surveillance c. Other tries at investigating have remained unsuccessful, or the Investigations without the surveillance would be futile or unjustifiably hindered. In paragraph 2 and 3 follows a list of the crimes that justify a surveillance.