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?