The list of offenses which may (if there is a strong suspicion that one of these offenses has been committed, if “the seriousness of the offense justifies surveillance”, and if “investigative actions have been unsuccessful or the inquiries would otherwise be futile or disproportionately more difficult”) be investigated by means of wiretapping is long and it remains largely unchanged. The only substantive changes are that article 220 of the criminal code on abduction of minors and article 33(2) of the weapons law on illegal trade in weapons have been added to the list.
There are many serious reasons against allowing the state to use trojans. For instance: If the state wants to use trojans, it needs to purchase security vulnerabilities on a black market, thereby creating a legal black market and in effect using tax money to discourage the reporting of security vulnerabilities to vendors of software, mobile telephones etc. This endangers everyone.
For a discussion of this concern see Laura Tribe's article “What the heck is a Stingray? (And what does it have to do with my privacy?)”
Since the regulation regarding data retention remains unchanged in the proposed revision of the law, it is unaffected by the outcome of a referendum vote. The Swiss practice of data retention is however being challenged in a lawsuit organized by Digital Society Switzerland.
One of the concerns about storage of “data retention” communications metadata outside Switzerland is that for data stored in foreign countries, the laws of those countries would apply e.g. in regard to access to the data by intelligence agencies of those countries.
Assessment by Digital Society Switzerland: BÜPF 2.0: Schlecht ist nicht gut genug (German).
Information provided by the Swiss government: German, French, Italian.
Text of the current law:
Text of the proposed revised law: German, French, Italian.
Relevant proceedings of the Swiss Parliament (mostly in German, partly in French).
List of offenses justifying wiretapping and the use of trojans:
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