4.2 Framework conditions and prerequisites Legal basis As the cyber problem concerns existing tasks and responsibilities, it is necessary to check in a first step whether the existing legislation takes this into account. If a need for action is detected, the first concern will be to integrate necessary provisions in current and planned laws (e.g. Intelligence Service Act). The need for regulation required by cyberspace should thus be closely coordinated with planned legislative projects and those already under way (e.g. legislation on information security, the Intelligence Service Act, the National Economic Supply Act, the Federal Act on the Surveillance of Postal and Telecommunications Traffic, the Convention on Cyber Crime, etc.). Adapting the legal basis to the rapid developments in cyberspace and cyber risks is an ongoing process. Wherever necessary, legal opinions are to be sought for complex issues. The legal basis for prosecution (in particular the Criminal Code, the Code of Criminal Procedure, cantonal police laws and the regulation of jurisdiction) and units involved in prevention (Federal Intelligence Service and cantonal police forces) are to be examined with regard to the specific challenges posed by cyberspace (e.g. geographic distances, speed and transience of traces and thus the usability of evidence in court). The key issue is to determine how acts carried out via electronic networks can be detected at an early stage and be prevented or effectively investigated. Particular attention must be paid to achieving a balance between the protection of privacy and the protection of public and internal security. Furthermore, the responsibilities of operators of (computer) systems and networks, (network) infrastructure and service providers, as well as any other players active on the Internet are to be examined. Here too, the data protection obligation has to be legally and politically weighed against the right of all parties to process data in order to enable cooperation to protect information and communication infrastructure as well as private and public persons. Exchange of information and prevention The cyber aspects of tasks and responsibilities and the ensuing risks must be recognised and analysed. This is the duty of the relevant authorities within the framework of exchanges with players from the private sector and society. Close cooperation between private and public players in the form of public private partnerships (PPP) was confirmed as being expedient by the Federal Council in 2003 and 2007, and it is to be pursued further 30. To achieve a comprehensive picture of the situation, technical and non-technical information has to be collected in a coordinated manner, analysed and evaluated. The findings from investigations are subsequently put at the disposal of all players. In doing so, it is important that already existing partnerships between intelligence and technical capabilities are further intensified within the scope of MELANI in favour of CI operators and the private sector. The state is expected to have the means to provide subsidiary support to the responsible units if these are no longer capable of taking the necessary measures themselves. Cooperation with other countries 30 Cf. FCD 2003 and 2007 29/42