Andreas Fink <[email protected]> 2009-03-17:
> Collegues,
> 
> The federal adminstration wants to change the law about cyber crime.
> 
> See also:
> 
> >http://www.admin.ch/ch/d/gg/pc/pendent.html#EJPD
> (or especially Genehmigung und Umsetzung des Übereinkommens des  
> Europarates über die Cyberkriminalität  )
[...]

Note that according to the "Adressatenliste", SwiNOG was
explicitly invited to comment on the proposed change of law.

I guess SwiNOG should comment on Art. 143bis Abs. 2 and request a
clarification, in order to make sure that academical, commercial
and private IT security research will not be affected by the
change of law.  The proposed wording of Abs. 2 currently does not
adequatly honour the fact that security tools are dual-use goods
by nature; i.e. they are not inherently good or evil.  Or in
other words, there is no practical way to distinguish a tool used
by a professional penetration tester from a tool used by a
blackhat.  The difference between the two is not in the tools,
it's in the contracts (i.e. approval of the target's owner).

-- 
Daniel Roethlisberger
http://daniel.roe.ch/

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