VPNs with servers in the Comoros

A provider that cannot trace an author for want of subscriber data faces a fine of 10 to 50 million Comorian francs (art. 136). On a prosecutor’s requisition or an investigating judge’s order, providers must assist in real-time collection of traffic or content data (arts. 141, 145); refusal carries three to six months’ imprisonment (art. 142).

Use of cryptology is free, but providing cryptology services must be declared to the minister (arts. 64–65). The law excludes exchanges, services and applications specific to defence and national security (art. 3). Whether a VPN operator is covered by the retention articles is not established.

Providers of access must tell subscribers that technical means exist to restrict or select services and offer at least one (art. 107), and on the competent judge’s decision must suspend access to the services or content concerned at once (art. 108).

Internet access in a cybercafé for a minor under eighteen excludes pornographic, violent, racist or degrading sites (art. 106). Online gambling not organised or conceded by the State is unlawful (art. 100).

Committed through an information system, the law punishes racist, separatist or xenophobic material (art. 121, ten to twenty years), threats of death or violence (art. 122, two to five years), outrageous expression or invective that imputes no fact (art. 124, one to five years) and denial of genocide or crimes against humanity (art. 125, three to five years).

It also punishes data liable to disturb public order or harm human dignity (art. 126, one month to five years) and a false report of harm to persons or property (art. 129, six months to two years). The author of a post is traced through the identification data of art. 116 and the subscriber data of art. 136, which the judicial authority may require providers to hand over (art. 116).

Intercepting, delaying or storing communications and their traffic data without the users’ consent violates the secrecy of electronic correspondence, internet access providers included (art. 77); interception of a non-public transmission is an offence unless made under a judicial warrant or another listed exception (art. 71).

Real-time collection runs on a requisition or a judge’s order (arts. 141, 145). The law creates no separate oversight body for interception. The order of the rows is the security score, and a server’s location is not a recommendation.