De l’application de la LSCPT aux fournisseurs de services de VoIP
This article offers a comprehensive analysis of how Swiss telecommunications surveillance legislation applies to Voice over IP providers. This timely article examines the legal classification of VoIP services under Swiss law and clearly identifies the jurisdictional and technical obstacles faced by law enforcement when investigating crimes committed through these platforms.
The authors provide valuable insight into the practical realities of telecommunications surveillance, explaining why monitoring VoIP communications—especially peer-to-peer services like Skype—is particularly challenging due to encryption, international jurisdiction issues, and decentralized infrastructure. Through detailed case studies of “sextortion” and “romance scams,” they illustrate how cybercriminals exploit these technical and legal limitations to commit crimes with minimal risk of detection.
Legal professionals and technology experts will appreciate the forward-looking analysis of Switzerland’s proposed LSCPT revision, which aims to extend surveillance obligations to derivative service providers regardless of their registration status. The authors conclude with pragmatic recommendations for practitioners confronting these challenges today, while emphasizing the need for enhanced international cooperation to effectively combat cybercrime in an increasingly borderless digital environment.