Court says Swiss law does not allow website blocking orders

The Swiss Federal Supreme Court has ruled that internet providers cannot be ordered to block websites suspected of being used for fraud because current law provides no legal basis for such measures, SRF reported.

The ruling upholds a complaint by internet provider Init7 against an order from the Vaud public prosecutor’s office. The order required several providers to block web addresses allegedly used by suspected investment fraudsters. The court has overturned the DNS blocking order against Init7.

Prosecutors had investigated suspects accused of defrauding investors of more than 1.7 million Swiss francs through several websites. They ordered the blocks to prevent further victims.

The court said DNS blocks can be an effective tool against online fraud and other cybercrime, but that existing criminal procedure rules do not provide sufficient legal authority. It noted that specific laws, including the Gambling Act and telecommunications law, contain explicit provisions for internet blocks. The court said lawmakers should consider action as cybercrime increases.