Re: [swinog] Switzerland judged "Cleanest Country"

2012-08-13 Diskussionsfäden Andreas Fink
Doesnt matter. Switch is only following the rules in the law.
Now we can argue if its a good law or not. And we can launch a public voting 
for this in switzerland (not like in germany)



On 13.08.2012, at 21:47, Oliver Schad  wrote:

> On Mon, 13 Aug 2012 10:55:04 +0200
> Guillaume Leclanche  wrote:
> 
>> I think the law makes a good job of delimiting the cases where the
>> block can be done. In addition, I think Switch makes a good job
>> applying this law.
>> I'd be happy that switch blocks one of my domains to prevent me
>> from being sued for damages by some infected people.
> 
> If the entities domain owner, server owner and service owner are the
> same - no problem.
> 
> You want that your email communication is blocked because one of your
> clients has a client that hosts a vulnerable PHP application? Come on.
> 
> Regards
> Oli
> 
> 
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Re: [swinog] Switzerland judged "Cleanest Country"

2012-08-13 Diskussionsfäden Oliver Schad
On Mon, 13 Aug 2012 10:55:04 +0200
Guillaume Leclanche  wrote:

> I think the law makes a good job of delimiting the cases where the
> block can be done. In addition, I think Switch makes a good job
> applying this law.
> I'd be happy that switch blocks one of my domains to prevent me
> from being sued for damages by some infected people.

If the entities domain owner, server owner and service owner are the
same - no problem.

You want that your email communication is blocked because one of your
clients has a client that hosts a vulnerable PHP application? Come on.

Regards
Oli


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Re: [swinog] Switzerland judged "Cleanest Country"

2012-08-13 Diskussionsfäden Guillaume Leclanche
2012/8/13 Oliver Schad 

>
> It doesn't make sense to mix up responsibilities of entities. I'm very
> happy, that most of my domains have nothing to do with switch.ch and
> this clueless law.
>
>
I think the law makes a good job of delimiting the cases where the block
can be done. In addition, I think Switch makes a good job applying this
law.
I'd be happy that switch blocks one of my domains to prevent me
from being sued for damages by some infected people.

Furthermore, if the law is abused or misused, it will be enough to change
it.

Guillaume

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Re: [swinog] Switzerland judged "Cleanest Country"

2012-08-13 Diskussionsfäden Oliver Schad
On Mon, 13 Aug 2012 10:05:19 +0200
Serge Droz  wrote:

> I am a bit surprised at your reply.
> In fact, the domain take down process is described in the law:
> 
> http://www.admin.ch/ch/d/sr/784_104/a14bist.html
> 
> Besides the rather strict legal framework we operate in, we must
> submitt a list ob blocked domain names OFCOM four times a year. And
> we must be able to explain our action for each of these. The OFCOM
> people monitor this process quite closely.
> 
> I hope this clarifies matters.

It's a kind of a post-democracy law, decision and execution in a
private hand.

And mixing up the entities domain owner, server(s) owner, user(s) on
that servers and ISPs of all or some servers is in the best
case clueless.

It's like punish a city/township because a car driver killed somebody
somewhere and the car is registered in that city.

It doesn't make sense to mix up responsibilities of entities. I'm very
happy, that most of my domains have nothing to do with switch.ch and
this clueless law.

That ISPs help to clean up their networks is very important but it has
to be done carefully and without mix up responsibilities.

Regards
Oli


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Re: [swinog] Switzerland judged "Cleanest Country"

2012-08-13 Diskussionsfäden Serge Droz
Hello Andre,

I am a bit surprised at your reply.
In fact, the domain take down process is described in the law:

http://www.admin.ch/ch/d/sr/784_104/a14bist.html

Besides the rather strict legal framework we operate in, we must submitt
a list ob blocked domain names OFCOM four times a year. And we must be
able to explain our action for each of these. The OFCOM people monitor
this process quite closely.

I hope this clarifies matters.

Best regards
Serge


On 08/12/2012 07:12 PM, Andre Oppermann wrote:
> On 10.08.2012 16:27, Serge Droz wrote:
>> Hello Swinogers,
>>
>> you may have read our press release yesterday:
>> http://www.switch.ch/about/news/2012/malware-080812.html
>>
>> In the latest "PandaLabs Quarterly Report" Switzerland is judged as the
>> "Least infected" country. While one always has to read such number with
>> care, we still feel it indicates that Swiss ISPs do a good job.
>> We've been sending out reports about infected systems since about a
>> year, and the response was positive. Most people did put in the
>> additional effort to support their customers fixing the problems.
>>
>> Thus a big "Thank you" to all who take security serious..
> 
> Despite the results in cleaning up *websites* I still feel uneasy about
> this completely extra-judicial domain takedown process.  A domain is at
> least as important as a specially assigned phone number.  When BAKOM
> want's to deactivate such a phone number because of alleged abuse it
> has to issue an official order (Verfügung) which can be appealed in legal
> court.  Then court then may, or may not, issue a stay on the order until
> things are further analysed or sorted out.
> 
> Here SWITCH is the accuser and executioner in union.  On top of that it
> will only re-establish the domain when SWITCH is satisfied that its demands
> are fulfilled.  There is no appeals process, no legal court, no 3rd party
> review, simply nothing.  And ".ch" Domains are a Swiss federal resource
> in law.
> 
> It seems we haven't hit the edge cases yet where there is disagreement on
> whether something actually is malware or malicious enough between SWITCH
> and a domain holder.
> 
> I'm waiting for the day "megarapiddownload.ch" (made that up) is considered
> illicit for the purpose of a domain disable procedure.  What then?  IFPI
> throwing a party?
> 


-- 
SWITCH
Serving Swiss Universities
--
Serge Droz, SWITCH-CERT
Werdstrasse 2, P.O. Box, 8021 Zurich, Switzerland
phone +41 44 268 15 63, fax +41 44 268 15 78
serge.d...@switch.ch, http://www.switch.ch


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