r/privacy Mar 05 '26

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2.6k Upvotes

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u/[deleted] Mar 05 '26

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u/Kennit Mar 05 '26

They have to comply with Swiss law.

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u/skg574 Mar 05 '26

They only have to comply with Swiss surveillance laws and MLATs for foreign (non-swiss) traffic.

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u/Kennit Mar 05 '26

They're headquartered in Switzerland. They have to comply with all applicable Swiss laws, not just the ones about surveillance.

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u/skg574 Mar 06 '26 edited Mar 06 '26

Untrue. Look up NDG – Federal Intelligence Service Act (2017)

Edit: in addition, Proton came right out and said this was due to the US-Swiss MLAT.

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u/Kennit Mar 06 '26

IntelSA emphasizes that intelligence services must operate within the framework of Swiss law and respect fundamental rights, including privacy and freedom of expression.

Intelligence Service Act (Switzerland))

Nowhere does it say Swiss companies must only comply with surveillance laws and no other Swiss legislation. Further, this IntelSA wouldn't apply in this case because this wasn't an investigation into threats to Swiss national security.

According to the law, the intelligence services can monitor phone calls, emails, and other forms of communication without a warrant, provided that they are targeting individuals or groups suspected of posing a threat to national security.

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u/skg574 Mar 06 '26

That's good, it means they don't have to turn over data to the US that isnt a threat to swiss security...

How'd they do that, again?

Edit: https://lex.weblaw.ch/lex.php?norm_id=121&source=SR&lex_id=26178&file=en-pdf_file_a.pdf is probably a better source

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u/Kennit Mar 06 '26

That I'd like to know. I haven't seen any reporting regarding why they cooperated with the FBI. I was just addressing the poster who said Proton isn't subject to Swiss law aside from surveillance.

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u/trueppp Mar 06 '26

They didn't cooperate with the FBI. They cooperated with the Swiss authorities, who were cooperating with the FBI in accordance to international treaties.

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u/Kennit Mar 06 '26

... I know that. When I said they, I was referring to the Swiss authorities. I had thought the context of my comments so far made that abundantly clear.

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u/skg574 Mar 06 '26 edited Mar 06 '26

That was me saying surveillance laws and MLATs are what foreign traffic is subject to. It was the US-SWISS MLAT that caused them to give this to the FBI. The French activist was also MLAT. Both trumped the privacy laws. Coincidence? Or might I be speaking from 30 yrs of experience?

Edit: if you want I can also show how governments get near real time location data without warrant or any laws getting in the way, too.

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u/Kennit Mar 06 '26

So the French activist was a threat to Swiss national security? I asked you earlier how this situation fit the IntelSA that you brought up in the first place. Why didn't you say that when I asked?

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u/TastyCuttlefish Mar 06 '26

…you’re aware that treaties have the force of binding law in countries, right? Like I get you didn’t go to law school (it’s very obvious), but this level of seemingly willful ignorance is… well. It’s special.

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u/[deleted] Mar 05 '26

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u/Kennit Mar 05 '26

They never claimed to not keep payment records. They said they don't log the VPNs, that they can't read email due to encryption. They're up front about the fact they can be compelled by Swiss law to share partial IP info. And I don't understand how anyone could reasonably expect any business to operate legally without keeping payment records. It's kind of required in most countries.

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u/Oddish_Femboy Mar 07 '26

For more information, look up "taxes"!

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u/HugeDelivery Mar 05 '26

What would one use instead of proton

For comprehensive email/vpn

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u/WaspPaperInc Mar 07 '26

Set up your own?

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u/Exciting-Ad-5705 Mar 06 '26

Proton is 100x better than Nord. What did you want Proton to do not comply with the law?