French Authorities Say Skype Must Register As Telco

Skype, video conferencing © mast3r Shutterstock 2012

Skype to be investigated after failing to respond to regulator’s requests

Skype is under investigation by the French authorities over a possible failure to comply with a legal obligation to declare itself as an electronics communications operator in the country.

French telecommunications regulator ARCEP says that since Skype provides French Internet users with services that let them make phone calls form a connected device, it must comply with a set of certain legal obligations required of all such operators.

These include the routing of emergency calls and implementing the means required to perform legally-ordered interceptions.

Skype France investigation

SkypeARCEP says that Skype has repeatedly ignored requests made to register as an operator and that it has informed the Paris public prosecutor of the alleged infringement, which could constitute a criminal offence.

“If not all of the solutions that Skype provides are electronic communications services, this does seem to be the case for the service that allows internet users located in France to call fixed and mobile numbers in France and around the world, using their computer or smartphone,” said the regulator. “Here, ARCEP offers a reminder that a company is not required to obtain administrative approval to become an electronic communications operator in France, but only to declare themselves beforehand, pursuant to Article L. 33-1 of the French Postal and electronic communications code (CPCE).”

“A failure to comply with this obligation does, however, constitute a criminal offence,” it continued. “In keeping with his responsibility to ensure that these essential provisions of France’s electronic communications law are upheld, in accordance with CPCE Article L. 36-10, the Chairman of ARCEP has apprised the Paris public prosecutor of these facts, which could be classified as a criminal offence.”

Skype was acquired by Microsoft in an $8 billion deal in 2011 and has undergone a number of changes which have caused concern in pro-privacy circles. It is believed that, contrary to what went on before, Skype is now storing user data on servers and the company is facing calls to start providing transparency reports on what it is doing with that information.

Microsoft had not responded to requests for comment at the time of publication.