Skype refuses to give customer records for crime probe; Belgian court wants to know if Skype is a telecom company

A Belgian court needs to know if Skype is a telecom company for it to be able to release calls and messages from customers who are suspected to be involved in a crime. Skype has earlier failed to do so insisting that they are not a telecommunications company.

It is important that the Belgian court determines if Skype is indeed a telecommunications company as this will allow the latter to hand over pertinent information that could be proof of a crime committed in Belgium. A report says because Skype did not cooperate in the wiretapping request, they were sent by the court. According to the court, telecommunications and network operators may be penalized under the law if they do not assist authorities when asked to do so. In case proven that Skype is a telecom company or a business that offers communication services, it could pay a fine of up to € 24,000 or $26,000.

The two suspected criminals who are Armenians were in Mechelen, Belgium when they made a call using Skype, says another source. Under Belgian law, both the public prosecutor's office and the examining judge regard Skype as a telecom operator. Skype has been directed to appear in court on June 10 to continue the case hearing that started three years ago.

Skype, a Luxembourg-owned company created by Microsoft, maintains that they are not a telecoms company but a software application that provides calls and messaging online. In case Skype is found out to be not a telecom operator, a report says authorities would seek other legal remedies in order to get the information.

The issue on whether Skype is a telecom company or not has brought a debate whether other similar apps such as Whatsapp, Viber and the likes could also be subject to investigation in future cases.