Infomaniak breaks rank and comes out in support of controversial Swiss encryption law

Tom's Guide

3 days ago

In Switzerland, some of the best VPNs are in the firing line as a result of the country's proposed changes to encryption laws.
The law's revision would extend surveillance obligations and require companies to collect information and identification on their users – a move that would significantly impact online privacy.
Swiss-based VPNs Proton VPN and NymVPN would be affected, and Proton CEO Andy Yen said the privacy-focused company would rather leave its Swiss base than risk the privacy of its users.
The most private VPNs uphold strict no-logs policies and collect very little information about users. This law would see these policies undermined.
Despite widespread opposition from across the country, Swiss cloud security company Infomaniak is supporting the law.
Infomaniak describes itself as an "ethical cloud" company and one that doesn't compromise on "ecology, privacy, or people." It's surprising, then, that they are seemingly the only privacy-focused company in Switzerland supporting the law change.
In a debate on Radio Télévision Suisse (RTS), and reported in Clubic, Infomaniak spokesperson Thomas Jacobsen addressed Andy Yen's comments on the law.
Jacobsen believed Yen showed a "lack of knowledge of Swiss political institutions" and called for finding the right balance, not looking for extremes.
Infomaniak argued that anonymity prevents justice, saying there must be a "happy medium" to prevent the digital landscape becoming a "Wild West."
Proton was cited as a company that advocates for anonymity, but this isn't technically the case. Proton, and Proton VPN, advocates for privacy – and there is a subtle but important difference between the two.
Confusing privacy and anonymity is common – a Tom's Guide VPN survey found that 29% of readers think VPNs make you anonymous – but they don't mean the same thing. Anonymity is when your identity isn't known and no trace of your activity is left behind, with the Tor Network being an example.
VPNs protect your data and your privacy. Many can still see some identifiable information and most don't claim to offer anonymity. Although your data is encrypted and reputable VPN providers can't see your internet activity, they can still see your connecting IP address and your payment information. The key point is that they never log or share it.
Hackers, third-parties, or your ISP can't see what you're doing, and that is the privacy VPNs offer. Infomaniak is incorrect in saying Proton advocates for anonymity.
Infomaniak also took issue with free services, such as free VPNs. In the debate, Jacobsen said how these free services allow anyone to hide from the law by enabling anonymity.
While VPNs can be misused by bad actors for criminal endeavours, something all reputable VPNs and Tom's Guide opposes, this doesn't mean they should be taken away or targeted.
Almost every kind of technology and device can be used for illicit purposes. We have to accept that not everything can, or should, be controlled in order to target a small minority.
This trade-off would take away the right to privacy of millions of genuine users.
VPNs, and especially the best free VPNs, are a lifeline for people living under censorship and internet restrictions. Without them, they would be unable to access a free and open internet and would suffer at the hands of authoritarian regimes.
Proton VPN has a host of dedicated anti-censorship features, aimed at protecting the privacy of those who need it most – including the free service Proton VPN Free. Many VPNs also offer free emergency VPNs for journalists or activists.
VPNs cannot just be for those who can afford them, so Infomaniak's targeting of free privacy services fails to consider the appropriate repercussions.
The article quotes Infomaniak's founder, Boris Siegenthaler, as saying "the answer is clear: the day activists for important climate, humanitarian, or democratic causes are in the crosshairs, we will oppose this request."
However, many argue that the Swiss government's request would put those people in the crosshairs, and they wouldn't be protected.
Infomaniak doesn't advocate for widespread surveillance, but that would not be needed under these plans. Metadata collection could form a large part of the new surveillance law, and it's seemingly something Infomaniak supports.
In a separate interview with RTS, Jacobsen argues that metadata collection is acceptable in order to help prosecute individuals who "carry out illicit activities" anonymously. He says how in other aspects of life, we don't accept that, saying you need ID for taking out a phone number and SIM card.
"The outside of the package is enough to bring justice," he said – referring to metadata. The contents of messages or communications will remain encrypted, but the metadata will be seen and collected.
Metadata can include geolocation, date and time, IP addresses, file size, device identifiers, plus who sent and received the message. So, even though the actual content of the message remains encrypted and hidden, you can identify and subsequently prosecute individuals based on analysis of metadata.
The opposition claims this is a fundamental privacy risk if handled in the wrong way, and something that should be opposed, not lauded.
Infomaniak's approach to metadata has also received backlash from others in the industry. A LinkedIn post by founder Boris Siegenthaler saw disagreement with Infomaniak's position in the comments.
A journalist said he was concerned about metadata, should it be collected, falling into the wrong hands. He claimed certain people and sources would be at risk and communication methods must preserve their safety.
One comment argued that "metadata protection is important to avoid profiling," and another said a middle ground between Proton and Infomaniak's position was needed.
Infomanaik has said it's moving to an encrypted email service. Jacobsen said the content of emails will be protected, "but without anonymity." Infomaniak's own service would therefore appear to be affected by the law change and they'd be required to collect and store the metadata of its users and their emails.
The Swiss government's consultation on the proposed law change ended on May 6 2025. Its findings are still not known, but we will monitor its progress closely.
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