Hello, 
 Till 
now we haven't receive any letter. Our Partnernetwork hasn't to receive any 
letter. 
 It 
is nice. I think they must wirte to all providers... 
 We 
have more than 3000 clients together... 
 Greetings 
 X. 
Aerni
  
    
    In this topic, Andreas and Roger you are asking who should pay to 
    implement these measures...
I'm sad to tell you that YOU probably 
    will have to pay for that. Despite your hope, I am pretty sure that (if a 
    law making that appliable does exist) nobody except you (and at the end your 
    customers if you increase your service price) will pay for such a blocking 
    system. Even if it can seem unfair, in fact it works like that:
- Some 
    cantons voted for banning smoke in public places (restaurants, bars, ...) 
    except in one dedicated and closed aread (called "fumoir" in French). The 
    restaurant managers will pay for the needed changes to become compliant. 
    They will not receive money from the authorities to do so.
- In our work 
    activity, we also have legal requirements. As ISPs we have the obligation to 
    keep historical data about IP address allocation for our customers, we have 
    to keep some records about e-mail that are sent from our mail exchange 
    relays, ... Once again, the ISPs financed these modifications / changes / 
    upgrades to comply the law.
This is the way it works in Switzerland: 
    Politicians (and/or citizens when a subject is voted by them) decide the 
    laws. Other key players assume the financial charge for it. I am not saying 
    this is a bad idea (I agree with this way to do! (*)), however I consider 
    that the investments should be reasonable and they should have proved their 
    effectiveness. In the present case, this is the main problem: blocking the 
    access to some web content (in addition to the problem of censorship I 
    already expressed in previous posts) is not effective: 1) the simple use of 
    a relay/proxy/anonymizer would permit to defeat this "protection"; 2) if 
    ISPs are concerned with this measure, enterprise would not be permitting to 
    access the offending content from an office workplace!
(*) I 
    mentionned above I agree with the way consisting of political deputies (or 
    citizens) making a decision, and involved actors to finance the required 
    changes. Let me explain why. I still believe we are living in a very 
    democratical country where individuals and companies have their own 
    responsabilities and obligations. Everybody must take the needed measures to 
    comply with the law without expecting any compensation. IMHO this has the 
    advantage to make everybody playing an active role in the final decision 
    about a law. Most of the laws follow a consult phase ("phase de 
    consultation" in French); other laws are voted by the citizens. If you're 
    not happy with a project law, you can inform (lobbying with the deputies / 
    advertise the citizens) the decision makers about the problems you will face 
    (inadequate price / effectiveness ratio for instance) but at the same time 
    also announce that this correspond to a form of censorship. At the end, you 
    don't make the decision and you can win or lose. But democracy is more or 
    less respected. 
If the Authorities would have to finance such a decision 
    (such as the hardware + implementation of a censorship solution), your role 
    would be lowered much more. Your voice would count for peanuts. That 
    Authorities would tell you: Shut up, we decide, we pay, your financial and 
    ethical opinions do not matter.
Once again, my questions about the 
    present topic are:
- Is there an existing law permitting to mandate ISPs 
    to block access to a given content? If yes, who can decide of such blocking 
    (a canton court or a Swiss court)?
- Why was this decision to block 
    access from the ISP taken, instead of making the hosting provider removing 
    the offending content? The first solution is technically known to be 
    uneffective as workarounds exist and can be used by people with only a 
    little technical knowledge or by users having a web access from an 
    enterprise.
- Ethically, I consider this way to proceed as a form of 
    censorship: blocking access to a published content match my definition of 
    censorship ("we decide what is good for you" or "we filter for your 
    well-being", take care you prove G. Orwell right). Removing (and not simply 
    restricting access) an offending content is a legal decision that can (and 
    must) be taken, if that content is considered as illegal. This does not 
    shoke me. Even if the result (for the Swiss web users) is the more or less 
    same (it will not have access to that content), the taken action is totally 
    different. In one case, this is filtering for some world citizens, in the 
    second case, this is global removal of the content. An analogy can be made 
    with publishing world: If a book containing offending someone (physical or 
    moral person) content is written, the courts can decide to forbid the 
    publisher to destroy all the books (and possibly if this is too late, to 
    forbid the bookstores to sell it and to return the remaining ones to the 
    publisher). But never the court will say the bookstores to use a black 
    marker to strike through the offending lines or to tear out the offending 
    pages.
Last remark: Definition of offending content is out of scope 
    of this e-mail. Just understand that for me an offending content is 
    something that is against the law (for instance: pedophilia content, 
    libellous texts, ...).