Correct me if I am wrong, but some years ago it has been defined that ISPs may ONLY get such orders from the Federal DBA Departement. We do not have to follow technically stupid orders given my a Cantonal Judge. The Judge must have to contact this federal deparement which will then contact us. I wont follow this order as I consider it as non-conform to the established procedure.
P. ----- Original Message ----- From: "Manuel Wenger" <[EMAIL PROTECTED]> To: <[EMAIL PROTECTED]> Sent: Thursday, December 12, 2002 2:03 PM Subject: R: [swinog] Swiss gov strikes again / Canton Vaud > Hi everyone, > > > we haven't received such a letter (yet). so i rather don't care what they say. > > but even if we would receive such a letter, this might be a proposal 'empfehlung' > > and not a 'must do'. > > We've received this letter. It's definitely a "must do", not a "proposal". In french it says "Le juge [...] ordonne [...]". This means the judge *orders* something: it's not an option. It's not a matter of free interpretation of a law. If a judge orders something to a specific Swiss company you normally have to do it (or am I wrong?). Of course, the legal decision might be "morally wrong", but that doesn't mean we can just ignore it. > > What they want us to do is to block the following sites and their subdirectories on our proxies and/or DNS servers: > - http://www.appel-au-peuple-org > - http://de.geocities.com/justicecontrol > - http://www.swiss-corruption.com > If and only if the blocking does not disrupt web access to other pages hosted on the same servers ("pour autant que cette mesure ne touche que le site litigieux"). This means that the Geocities page can only be blocked on proxies, not on the DNS server. Providers without proxy simply cannot block this page. > > If we block these sites we're not doing anything against freedom of speech. This decision is based "sur plainte de Michel Tinguely contre Gerhard Ulrich [...] pour diffamation, calomnie, injure et tentative de contrainte". It's a single person which is being offended by these websites: it's not political censorship. > > Failure to block these sites will be punished according to article 292 of the swiss penal code, with fines or emprisonment. We want to avoid that I guess :) > > Regards > > Ing. Manuel Wenger > Chief Technology Officer > Ticinocom SA > > > > ___________________________________________________ > Ticinocom SA - Via dei Pioppi 10 - 6616 Losone > Tel 0844 007070 - Fax 0844 007071 > http://www.ticino.com > ---------------------------------------------- > [EMAIL PROTECTED] Maillist-Archive: > http://www.mail-archive.com/swinog%40swinog.ch/ > ---------------------------------------------- [EMAIL PROTECTED] Maillist-Archive: http://www.mail-archive.com/swinog%40swinog.ch/
