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by protonmail 897 days ago
Proton analyzed this revelation and found it doesn't impact Proton users due to the way that Proton's encryption and infrastructure works. While the reported practices have long been legalized in the US and Germany, they are very likely illegal in Switzerland and are therefore subject to legal challenge. It would not be entirely surprising if this got overturned by the courts. For example, Proton won a similar court case in 2021 (https://proton.me/blog/court-strengthens-email-privacy).

Deeper analysis on these revelations can be found here: https://www.reddit.com/r/ProtonMail/comments/1930vnh/comment....

3 comments

> While the reported practices have long been legalized in the US and Germany, they are very likely illegal in Switzerland and are therefore subject to legal challenge. It would not be entirely surprising if this got overturned by the courts.

Mass surveillance without reason ("Anlasslose Vorratsdatenspeicherung") is illegal in the EU (and Germany), just like it hopefully is in Switzerland. But declaring a law illegal takes time, so Germany simply creates a new law to continue their mass surveillance until courts declare it illegal again.

So I don't know how mass surveillance being likely illegal in Switzerland changes much. Until today it wasn't even publicly known that mass surveillance is a thing in Switzerland, and I won't be surprised if a similar story will make news in a decade again.

German: https://netzpolitik.org/2023/bundesverwaltungsgericht-vorrat...

English: https://www.reuters.com/technology/indiscriminate-data-reten...

Overall it seems that the best way is to use some provider like Proton or use PGP locally. Everything else seems to be insecure. And if not know than with a press release in near/future time saying that country X or Y is making it like other countries did already.

So it's all about encryption.

Wow. Well done and thanks for the detailed explanation!

Interested in what others like Migadu and/or Infomaniak will report on this points!

Glad to be paying a subscription.