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Chipping the tooths of the Ipred law

Another translation of a newspaper article, this one also on broadband operators in Sweden choosing not to store customer data:

Swedish telecom-operator Tele 2 are going to follow Bahnofs example and destroy all user data that could be requested in accordance with the Ipred law, under which Swedish operators can be required to disclose user information in order to trace illegal file sharing.

Some time ago, the Swedish broadband operator Bahnhof announced that they will not store this information. Current legislation states that it is voluntary to save customer traffic data and thus Bahnof could circumvent the new Ipred-law, since they can’t disclose information they haven’t stored. Telecom-operator All Tele also announced that they wouldn’t save any user traffic data shortly after.

And now Tele 2 is doing the same.

There is a strong wish from our customers and therefore we have decided to no longer keep records of customers’ IP addresses”, vice president for Tele 2 Sweden, Niclas Palmstierna, says to TT.

We do this to strengthen the protection of customer privacy. Earlie, we have saved some information on customers’ IP addresses for internal use, but now the question of integrity is put to a head since the Ipred-law where finalized.”, he says.

Palmstierna admits that the decision is also a way to strengthen Tele 2’s position on the market.

Yes, that goes without saying that if you meet your clients’ needs, it of course gives you a competitive advantage. There is nothing strange with that. And if in turn it will generate new customers, we’re happy about it.”, he says.

The question is if you are bypassing the legislators intention with the Ipred law when destroying user traffic data.

There is nothing in the law on electronic communication that states what you should save, only what you can’t save. We’ve analyzed the law and this situationcarefully and have come to the conclusion that we are in no way obligated to store our customers IP-adresses. If the rules were to change, we will of course oblige by it.”, Palmstierna says.

Tele 2 has approximately 600.000 broadband customers in Sweden.

Original article: di.se – Tele 2 kringgår Ipredlagen

To save or not to save

I’ve translated this rather interesting article about the Swedish broadband provider Bahnofs decision not to save their customers traffic data:

Bahnof destroys Ipred data

The operator Bahnhof are destroying the material [ie. subscribers traffic data] and has no information to disclose.

The new file-sharing law Ipred means that operators will be forced to disclose personal data behind the IP number if a court requires it. But the operator Bahnhof will not be able to, states Swedish Radio.

Company CEO Jon Karlung is a known critic of the Ipred-law and he argues that the Electronic Communications Act (ECA) imposes on him to destroy the traffic data. Basic mode is that personal data should be destroyed, but other clauses in that law (ECA) gives the choice to instead save them for various reasons, such as billing.

- “But it is about choice and the law provides an opportunity not to save data. We would not infringe on Ipred by choosing to destroy the data […and therefore has nothing to disclose even if the court asks us…]” says Karlung TT.

This means that Bahnhof customers are unaffected by the new file-sharing law (Ipred) and if other operators would follow Bahnhofs example it would render the law completely effectless.

- “Yes, then the new law would become effectless. And then legislators would have to step forward and say that we want data, not to bring down terrorists, but because we want to help record and film industry to hunt pirates.” says Karlung.

A law based on the EU data retention directive is being prepared, which may force operators to store traffic data. If it is implemented the situation will be different and Bahnhof will then follow that law, declares Karlung.

- “If the government decides that everything must be disclosed to various private organizations, we must of course abide by it. Although I think it is unfortunate and I hope that public opinion will push the issue the other way” says Karlung.

The state Post and Telecom Agency (PTS) confirms that there is no legal basis to force the operators to to save their logs.

- “There is no general obligation to save this type of data for subscribers” says Peder Crista Vallarta, lawyer at the PTS, to Computer Sweden.

- “The Ipred-law is not in itself an obligation of this kind. It is just about releasing data that is available” said Stefan Johansson, deputy director at the Justice Ministry, to TT.

Original article: http://www.e24.se/samhallsekonomi/sverige/artikel_1247563.e24