Network blocking case: Init7 wins in court
Init7 achieves a success against ordered network blocks. The company defends itself against DNS blockades and questions their legal basis.
The Winterthur-based internet provider Init7 has achieved its first legal success in the conflict over ordered network blocking. The company has been defending itself for months against orders from public prosecutors in French-speaking Switzerland who wanted to block access to certain websites. Init7 has now been proven right in court proceedings in the canton of Vaud.
The dispute revolves around so-called DNS blocks. Internet providers intervene in the name resolution of websites. Anyone accessing a blocked address no longer receives a connection to the corresponding IP address. Although the website remains online, it appears inaccessible to users of the provider concerned.
«giant» obeyed, Init7 fought back
The dispute was triggered by orders issued by the public prosecutor's offices in the cantons of Vaud and Valais. The authorities demanded that Swiss internet providers block several websites. On the one hand, this concerned suspected fraudulent offers and, on the other, the website of the French-speaking Swiss climate protection movement «Grondements des Terres». While major suppliers such as Swisscom and Sunrise implemented the orders, Init7 opted for a different approach. The company refused the DNS blocks and went to court.
Init7 Managing Director Fredy Künzler publicly questioned the legal basis of the orders. In his opinion, the existing legal provisions are not sufficient to oblige internet providers to impose such blocks. The fact that other providers implement the orders does not change this issue.
Init7 received support from lawyer Simon Schlauri. He argued that network blocking represents a significant encroachment on freedom of communication. A clear legal basis is therefore needed for such measures.
Dispute over the interpretation of the Code of Criminal Procedure
The public prosecutor's offices based their orders on Article 267 of the Swiss Code of Criminal Procedure. This regulates seizures in the context of criminal proceedings. In the opinion of the authorities, websites that are associated with suspected criminal offences can be regarded as instrumentalities or supporting instruments. From this, they derive the possibility of blocking access to such suppliers.
Init7 and its legal representative take a different view. They argue that seizures are directed against specific data or objects. The technical mediation of internet access by third-party providers does not fall under this. In their view, the Code of Criminal Procedure does not contain any general authorisation to oblige providers to block networks.
Init7 also refers to technical objections. DNS blocks can be circumvented relatively easily, for example by using alternative DNS services or other internet access points. The company also criticises the fact that blocking entire domains could compromise net neutrality.
Buses led to the complaint
Because Init7 did not implement the ordered blocks, a public prosecutor imposed a fine of 6,000 francs on the company. The provider lodged an appeal against this. The current court decision from the canton of Vaud marks an important interim step in these proceedings. In another case, Init7 lost before the cantonal court of Vaud. The provider is appealing the decision to the Federal Supreme Court. Company boss Künzler is optimistic about the next instance.
I've been tinkering with digital networks ever since I found out how to activate both telephone channels on the ISDN card for greater bandwidth. As for the analogue variety, I've been doing that since I learned to talk. Though Winterthur is my adoptive home city, my heart still bleeds red and blue.
From the latest iPhone to the return of 80s fashion. The editorial team will help you make sense of it all.
Show all
