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eservations. Jean-Marc Hensch (Swico) welcomed thedemonstrators: “Dear potential criminals, dear possiblesuspects” – referring to broad-scale surveillanceand the storage of personal data without concretefacts supporting suspicion of a crime. 11 A speaker fromthe young social democrats (Juso) accused the FederalCouncil and his party elders of “historical amnesia”,pointing to the revelations of the second Secret FilesScandal in summer 2010 (and the early 1990s) or similarincidents that had shattered people’s confidence inits secret services before. 12The Federal Parliament (Nationalrat) was supposedto deal with the BÜPF bill in June, but thedebate was postponed to its autumn or winter session.Observers predict more critical voices andsubstantial debates among parliamentarians, yetparliamentary opponents seem to be rather scarce.Ruedi Noser from the Liberal Party and a well-knownICT entrepreneur reflects: “Many MPs are not awareabout the consequences of the BÜPF because theyare digitally distant.” They obviously care more aboutbanking secrecy than privacy. “I need to remind myparty folks that privacy matters on the internet aswell,” he said. 13Privacy as a privilege?From the official side, it is Switzerland’s Data Protectionand Information Commissioner HanspeterThür who expresses doubts about private and stateactors that need to be better controlled whenevercollecting data. “Consumers have almost no optionsany more to protect their private sphere – privacybecomes a privilege,” he feels. 14 According to a recentstudy conducted in nine countries on behalf ofthe European Commission, public awareness andwariness about state surveillance is on the rise. Thesurvey sample in Switzerland (75 to 90 people in alllanguage regions) indicated that Swiss citizens arerather anxious about surveillance of the public forsecurity reasons: 38% only were in favour of it (citizensare more critical in Germany only). 1511 STOP BÜPF, Medienecho zur Stop-Büpf-Demo vom 31. Mai 2014and Testimonials. stopbuepf.ch/medienecho-zur-stopbuepf-demovom-31-mai-201412 Die Fichenaffäre – eine Geschichte von Lug und Trug,Tagesanzeiger, 5 July 2010. www.tagesanzeiger.ch/schweiz/standard/Die-Fichenaffaere--eine-Geschichte-von-Lug-und-Trug/story/1622336213 Überwachung: Der Streit um Staatstrojaner spaltet die Parteien,TagesWoche, July 2014. www.tageswoche.ch/de/2014_30/schweiz/66422914 Datenschutz: „Privatsphäre wird zu einem Privileg“, Interviewwith the FDPIC, March 2014. www.nzz.ch/aktuell/schweiz/privatsphaere-wird-zu-einem-privileg-1.1825691515 Schweizer lehnen Staatsüberwachung ab, NZZ am Sonntag,May 2014. www.nzz.ch/aktuell/schweiz/schweizer-lehnenstaatsueberwachung-ab-1.18309315A referendum on surveillanceseems predictablePolitical prognoses are usually difficult, dependingon various factors (not only in Switzerland).However, if the contested BÜPF passes the FederalParliament in the autumn or winter session (likethe second Chamber Ständerat in March before)– which seems to be predictable – a referendumwill be called for by various actors in the country.A Referendum Committee was already created atthe end of May. 16 Such referendums are instrumentalto direct democracy and an essential part of thepolitical system in Switzerland. Whenever the twoChambers of the Parliament pass a law, a public referendumcan be announced and organised by anystakeholder groups in the country (usually politicalparties, unions, business or other associationsor any initiatives). They usually create an allianceof opponents called a Referendum Committee.Such committees need to collect 40,000 signatures(practically, around 50,000 are necessary) from allover the country during a limited period of severalmonths. Once this number is achieved, large packagesof signatures are delivered – usually in a publicaction – to the Federal Chancellery in Bern. The officein charge will review and check the validity ofthe collected signatures before a referendum is officiallyapproved. Upon approval of a referendum,the respective law is suspended until public voting– dates are fixed by the Federal Council in thecourse of the next federal voting schedule (usuallyin spring, summer or autumn every year).The biggest challenge for any ReferendumCommittee is to organise broader alliances of supportersamong opponents and to raise funds (aminimum of one million Swiss francs, roughly USD110 million) for a voting campaign. In the given caseof an anticipated Anti-BÜPF campaign, the prospectsare not bad, with strong business actors onboard (not only for money, but also for networking).Another decisive success factor for any such campaignis media coverage and support by influentialmedia titles all over the country. As it looks now, themixture of the Anti-BÜPF coalition is rather uniqueand heterogeneous, and has considerable potentialto mobilise support from various spheres of Swisssociety – particularly among youngsters and digitalnatives. However, a well-known risk factor is votingdiscipline – usually elder and conservative peopleuse the opportunities of direct democracy whileyounger generations tend to abstain. And usuallythe level of participation in Swiss voting is rather16 Ibid.low, at around 50% or less. Nevertheless, an Anti-BÜPF campaign (depending on the final decision ofthe parliament) offers great opportunities for broaderpublic discourse about state and other forms ofsurveillance in the digital age. The colourful coalitionof critical voices and pronounced opponents ofthis law looks promising at least. What appears likea conflict of generations – digital natives versus immigrants– could be a next step into an open Swissinformation society. 17Action stepsThe topic of advancing the information society inSwitzerland is so far mostly limited to some specialists,academia or a few informed circles. A highpercentage of the population (close to 80%) usecomputers, mobile devices and the internet on adaily basis, but do not care so much about relatedissues, problems or challenges – as long as accessto infrastructure and content is provided and everythingworks well. Even those using social networks17 Petition STOP BÜPF, Nein zum Überwachungsstaat, July 2014.buepf.chlike Facebook, etc., generally do not care aboutprivacy that much. Compared to Germany, net politicsand related matters is still a playground for afew nerds, and media and internet literacy is oftendemanded but continuously underserved. More initiativesin this respect are needed on various levelsof society (particularly schools). To work againstthe idea that “privacy becomes a privilege”, moreawareness raising and discussion in needed – fromthe family up to the political levels (parties andparliament).The anticipated Anti-BÜPF campaign (after thelaw is presumably adopted later this year) offers agreat chance for broader public dispute and contestationon limits of state interference into andsurveillance of private spheres. As the politicalestablishment of the country has not yet arrived inthe digital age, other parts of society – like the Anti-BÜPF coalition – need to step in and take the leadfor an appropriate debate about the dangers andlimits of surveillance. 1818 Balthasar Glättli, Dossier BÜPF (13.025 Bundesgesetz betreffenddie Überwachung des Post- und Fernmeldeverkehrs). www.balthasar-glaettli.ch/dossier/dossier-buepf-bundesgesetzbetreffend-die-ueberwachung-des-post-und-fernmeldeverkehrs234 / Global Information Society WatchSwitzerland / 235

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