Politicians demand consequences: the secret service is probably spying on us all

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In September 2016, Swiss voters voted on the Intelligence Services Act (NDG). The aim of this was to achieve a more efficient defense against terrorism. One of the most important changes in the law revision concerned the so-called cable information. This gives the Swiss secret service, the NDB, the ability to monitor communications via fiber optic cables.

That is why the Young Socialists and the SP went to the barricades together with the Greens and the Pirate Party. They warned of a ‘sniffing state’ and ‘Fichenstaat 2.0’. In vain. The revised law was clearly approved – by 65.5 percent.

The Federal Council led by then VBS head Guy Parmelin (64) promised in the run-up to the vote that comprehensive surveillance of the population by the federal intelligence service was not planned. Neither at home nor abroad.

Large-scale monitoring

However, research by the online magazine ‘Republik’ shows that the Federal Council has not kept its promise. Since the law came into effect in 2017, Swiss people have been reading internet traffic on a large scale. Official documents obtained by the medium confirm that domestic communications are reviewed and analyzed, and data is also kept for a long time for subsequent requests.

The Federal Council has therefore not only misinformed citizens and allowed them to vote on the law under false circumstances. The fundamental rights of people living in Switzerland are also likely to be violated, such as the protection of privacy.

It is also very questionable whether professional secrecy for doctors and lawyers can be maintained. The same applies to source protection for journalists. If patients, clients and informants cannot be assured that sensitive information from and about them is protected, the relationship of trust with them is greatly disrupted. Precisely because their communications could be forwarded to the intelligence service under certain conditions.

And does the much-requested digitization, such as creating an electronic patient file, work if all health insurers have to expect that the secret service will read it?

Critical politicians now feel confirmed in their negative attitude. They are now calling for a thorough political investigation into the alleged complaints to the NDB. IT entrepreneur and Greens state councilor Gerhard Andrey (47) is only partially surprised by the information that has now become public. After all, his party, among others, had already warned in 2016 about this threat of mass surveillance.

“The damage is greater than the knowledge gain”

However, Andrey is surprised at the extent of the eavesdropping on the Swiss population without any initial suspicion. The fact that citizens are being monitored across the board is reminiscent of the Fichen affair, which came to light in 1989 and led to thousands of people demonstrating on the Bundesplatz in Bern in March 1990.

It is now clear to Andrey: “The damage this causes to the population is much greater than the actual knowledge gained for the NDB.” The Green politician also sees a democratic political problem here: “The Swiss people must be able to rely on the information from the Federal Council if it calls for a revision of the law.”

We in Switzerland do not live in a country in which the state is allowed to listen in on everything arbitrarily, SVP Landraad member and IT expert Mauro Tuena (51) also criticizes the actions of the secret service. “There is no reason to place all citizens under general suspicion.” However, the intelligence service must be able to act within the law if there is a suspicion. For example in the case of terrorism, human and drug trafficking, organized crime.

The Pirate Party is even shocked by the extent of the surveillance. “Federal councilor Parmelin’s lies have damaged democracy,” she says. In a press release she demands: “This must have consequences.”

The issue should go to parliament

However, those responsible cannot be prosecuted for lying during the voting campaign, says Martin Steiger. He is a lawyer in the digital space and spokesperson for the digital society. This company filed a strategic lawsuit against the use of cable intelligence in 2017 – virtually to the benefit of everyone in Switzerland – which is currently pending before the Federal Administrative Court.

A further revision of the law is now planned. However, it is unlikely that this will lead to improvements. The expectation is that the controversial expansion of cable intelligence will simply be enforced – or worse, that the current practice of comprehensive surveillance of the population will simply be retroactively legalized.

But several MPs now want to put an end to this: the issue has taken on new urgency with the article ‘Republic’, says Andrey, national councilor and former candidate for the Green Federal Council. He therefore wants to take action against the surveillance practice together with other politicians in parliament, with requests to the security committees or through individual initiatives during the next session.

The NDB, on the other hand, tells Blick that it does not conduct comprehensive surveillance of the population or mass surveillance. He also has no general authority, but has instruments for targeted interventions in specific threat situations. What is needed is relevant information and not big data in the sense of large piles of data. During cable reconnaissance, only the information that matches the previously defined and approved search terms may be processed.

Source:Blick