ProtonMail case tarnishes Swiss privacy reputation (2024)

ProtonMail case tarnishes Swiss privacy reputation (1)

Geneva-based company ProtonMail, a provider of secure and anonymous email services that leverages the reputation of “Swiss confidentiality”,hasplayed a role in the arrest of a French climate activist.The company is nowinthe crosshairs of online critics,butexperts say thatSwiss lawsleft the companyno choice.

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ProtonMail case tarnishes Swiss privacy reputation (2)

Writes about the impact of new technologies on society: are we aware of the revolution in progress and its consequences? Hobby: free thinking. Habit: asking too many questions.

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  • Italian Department

Adapted from Italian by Dominique Soguel-dit-Picard

  • Français

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    Quand la «confidentialité suisse» tombe dans les filets de la surveillance

    Read more: Quand la «confidentialité suisse» tombe dans les filets de la surveillance

  • Italiano

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    Quando la “riservatezza svizzera” cade nella rete della sorveglianza Original

    Read more: Quando la “riservatezza svizzera” cade nella rete della sorveglianza

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    Portal suíço de e-mail privado entra na mira dos serviços de inteligência

    Read more: Portal suíço de e-mail privado entra na mira dos serviços de inteligência

Encrypted email serviceProtonMailhasbeen at thecentreof asocial media stormExternal linkeversince a police report revealed that the company shared the IP address of one of its users as part of a French investigation that led to the arrest of climate activists.

ProtonMailis a Swiss company founded in 2013 at the initiative of a group of scientists from CERN in Geneva and theBoston-basedMassachusetts Institute of Technology (MIT). From its inception, the company has focused onuser privacy and security,External linkbrandishingstringent Swiss privacy laws and a commitment to protect “civil libertiesonline” as part of its credentials.

ProtonMailalso guaranteed that “by default” it would not store any IP addresses that could be linked to users’ email accounts.

However, when cornered by the Swiss authorities, the company was forced to provide the very data that made it possible to identify one of its users and activists of the “Youth for ClimateExternal link” movement,who waswanted in France.

Inspired bySwedish activistGreta Thunberg’s“Fridays for Future”External link,the environmental group also fights against gentrification and real estate speculation and has set up actions such as the “climate camp” in one of the districts ofthe French capital. The French activist was among those who occupied commercial premises and apartments near Place Sainte Marthe in Paris.

Andy Yen, CEO ofProtonMail, stressed that the company supports the causes of activists using its service, but it cannot do so by breaking Swiss laws and ignoring court orders.ProtonMail, in fact, had to comply with a Swiss court order, which came after the French police had requestedSwiss cooperationthrough Europol, making use of international judicial assistance.

No privacy on the Internet

Despite this, the Geneva-based company has beencriticisedfor its lack of transparency and clarity in promoting a service that primarily promises anonymity and respect for the privacy of its users and users.

According toProtonMail’stransparency report,the recording of IP addresses is only allowed in “extreme criminal cases”. At the same time, the company stated that “no information is required to create your secure email account,” a phrase later removed from the privacy policy.

Yen responded to the allegations by stating that the Internet is not anonymous andbydenouncingthe use of legal tools for serious crimes in a case like this. However, the CEO stressed that “there was no possibility of appealing this particular request.”

What does Swiss law require?

According to Swiss lawyerFrançois Charlet, the criminal offenses charged against the prosecuted French citizen were serious and cooperation with France was therefore justified, as stipulated in theFederal Act on International Assistance in Criminal MattersExternal link.Furthermore, telecommunication service providers are subject to legal obligations in the case of investigations involving the surveillance of postal traffic.

The activist behind the email address was being prosecuted for trespassing, theft and property damage, crimes – the latter two – that enable surveillance,according to CharletExternal link,aspecialistin technology, crime and security.

Contacted by SWI swissinfo.ch, theFederal Data Protection and Information Commissioner (FDPIC)External linkalso confirmed the legitimacy of the legal action by the Swiss authorities in compliance with the Data Protection Act.“It appears that the disclosure was made in accordance with legal requirements,” thecommissioners said.

Unclear communication

ProtonMail, therefore, was left with no choice but to cooperate.

Can it be said, however, to have “misled” its users?Notaccording to Charlet.

“Perhaps it can be reproached for unclear communication”, says the lawyer, but this “does not mean that it can evade specific and justified requests from the Swiss authorities”.

Is theProtonMailcase yet another “non-case”fuelledby social media? Or perhaps marketing using “Swiss confidentiality” is a double-edged sword?

“There are worse laws than Swisslaw,”Yenstates in arecent blog entryExternal linkon the issue.Certainly not acatchy marketing phrase.

ProtonMail case tarnishes Swiss privacy reputation (3)

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ProtonMail case tarnishes Swiss privacy reputation (4)

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ProtonMail case tarnishes Swiss privacy reputation (2024)

FAQs

What is the Proton Mail privacy scandal? ›

The issue is that encryption does not guarantee anonymity. Proton is one of the more transparent privacy providers and does not make outlandish claims on its website. However, it still has access to some identifiable information, known as metadata, including email addresses and IPs.

What is the Swiss law for Proton Mail? ›

Using Proton services for activities that break Swiss law is against Proton's terms and conditions. Under Swiss law, we're required to cooperate with law enforcement agencies on criminal investigations within the framework of Swiss laws and privacy regulations.

Is Proton Mail safe anymore? ›

All ProtonMail data at rest and in transit is encrypted. However, subject lines in ProtonMail are not end-to-end encrypted, which means if served with a valid Swiss court order, we do have the ability to turn over the subjects of your messages.

How trustworthy is Proton Mail? ›

Proton Mail is one of the smoothest and most secure email providers on the market. It's the perfect blend of slick, modern aesthetics, and robust, impenetrable security. The moment you sign in, you'll feel right at home. There's not a single hint of it being a secure email service, but it is.

Why Proton Mail is not secure? ›

Any mail send between Protonmail users is in concept, secure or encrypted. However, outside mail sent to a Protonmail account is going through a router in plain text. Mail sent from your company address to Protonmail is NOT secure. That is the majority of most mail.

What country owns Proton Mail? ›

Proton Mail (previously written as ProtonMail) is a Swiss end-to-end encrypted email service founded in 2013 headquartered in Plan-les-Ouates, Switzerland.

Can Proton Mail be traced by police? ›

ProtonMail is encrypted, so you won't be able to track an email through ProtonMail, except through advanced methods which we will explain in this article. An IP (Internet Protocol) address is a set of rules that governs the format of data sent via a local network or the internet.

Is Proton Mail really private? ›

of privacy. Proton is incorporated and headquartered in Switzerland, meaning your data is protected by some of the world's strictest privacy laws.

How strict are Swiss privacy laws? ›

Swiss privacy laws are often considered more stringent and comprehensive compared to those in many other countries. While some countries may have similar data protection regulations, Switzerland's privacy laws are known for their strict enforcement and commitment to safeguarding individuals' privacy rights.

What is the downside of Proton Mail? ›

The major drawback of ProtonMail is that cost of paid plan is very expensive.2.It have only limited features in free plan like limited mails to send per day and low storage space.

What is the most hacked email provider? ›

Yahoo! Mail has a blemished history regarding data security and privacy. The massive data breach of 2013, where every Yahoo account was affected, is a testament to the lax security measures in place. That's approximately three billion accounts compromised, making it one of the largest breaches in history.

What is more secure than Proton Mail? ›

Tutanota Encryption:

That said, both Tutanota and ProtonMail users can communicate with the outside world by encrypting their messages with a password. ✅ In this regard, Tutanota does better than ProtonMail because it makes it possible to encrypt the entire email thread, instead of just one message.

What is the Proton Mail scandal? ›

In 2021, Proton Mail faced controversy when it complied with a legal request that led to the arrest of a French climate activist. Under Swiss law, Proton Mail was compelled to collect and provide information on the individual's IP address to Swiss authorities, who then shared it with French police.

Is there a problem with Proton Mail? ›

User reports indicate no current problems at ProtonMail.

Has Proton Mail been hacked? ›

The message was then followed by an attack (believed to be from the group called the Armada Collective, which has been responsible for extortion of several private email services), that flooded ProtonMail's IP addresses and knocking the service offline for approximately 15 minutes.

Is Proton Mail used by fraudsters? ›

Our service has dramatically expanded access to secure encryption. However, like any email service, it can be abused by scammers and criminals. We use algorithms that scan behavior indicators and anonymized usage data to identify and quickly disable abusive and fraudulent accounts automatically.

Is free Proton Mail safe? ›

With Proton Mail, your messages and other data are protected by end-to-end and zero-access encryption, so no one but you can read them — not even Proton. With Proton Mail, you can: Control access to your data. Easily import your mail and contacts from Gmail and other providers in a few clicks.

Who is behind Proton Mail? ›

Proton Mail is a service provided by Proton AG, an employee-owned company based in Switzerland.

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