Home Law in IT The Duma passed the entire package of “anti-terrorist” laws by Yarovaya-Ozerov

The Duma passed the entire package of “anti-terrorist” laws by Yarovaya-Ozerov

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Now telecom operators, messengers and social networks will be obliged to keep correspondence and voice messages of users for six months
The Duma passed the entire package of "anti-terrorist" laws by Yarovaya-Ozerov
Today the State Duma passed in the second and third readings the entire package of anti-terrorism laws, proposed earlier Chairman of the Duma Security Committee Irina Yarovaya and head of the Council of the Federation Committee on Defense and Security Viktor Ozerov.Amendments will be made to the Criminal Code and the Code of Criminal Procedure, as well as to 10 separate laws, writes "RIA." The amendments are outlined in two bills ( first , second ).
The adoption of the package of amendments could have a strong impact on the future of Russia’s telecommunications sector. This applies both to companies working in this sphere and to ordinary citizens. For example, for public appeals to terrorism on the Internet or justification of terrorism the punishment is imprisonment from five to seven years or a fine from 300 thousand to 1 million rubles.

Subscribers’ personal data and correspondence

Initially, the authors of the amendment package proposed to oblige telecom operators to store all data of Russian users in Russia for three years. This applies to telephone conversations, text messages and images. By experts estimate , the budget for the implementation of these proposals would exceed the annual budget of the largest telecom operators in Russia. The user data storage system for only one company, VimpelCom, would cost Earlier other companies showed comparable amounts of costs for creation of the corresponding infrastructure. At the same time, the operators’ annual revenues are much lower than the expected costs. Thus, the revenue of Vympelcom in the Russian market last year amounted to $4, 6 bln, Megafon – $5, 2 bln, MTS – $6, 4 bln.
Therefore, the amendments have been amended. Now information on the facts of receiving and transmitting calls, text messages, photos, sounds and videos will have to be stored on the territory of Russia for three years. The conversations and correspondence themselves will also have to be stored by the operators, but not for three years, but for six months. In addition, telecom operators are required to provide law enforcement with information about their users and communications services rendered to them.
The same requirements are imposed on messengers and social networks. Here, too, there is some relief: the period of storage of data on the facts of the transmission of messages is reduced from three years to one year. And the content of correspondence will have to be stored for up to six months. When using encryption of messages, messengers and social networks are required to provide the keys for decoding to the FSB. In case of non-compliance a citizen will be required to pay a fine of 3 to 5 thousand rubles, an official – from 30 to 50 thousand rubles, a legal entity – from 800 thousand to 1 million rubles. The FSB was also exempted from having to compensate for damage caused during special operations.
For the time being, the procedure, terms, and volume of information storage have not been established; this issue must be decided by the Russian government.

Disclosure of state secrets

There is now a separate punishment for the media for divulging information "constituting a state secret or other secret specially protected by law". The guilty publication will have to pay a fine of up to one million rubles. So far there has been no punishment for such a misdemeanor.

When do the amendments take effect?

The new rule on retention of transferred data goes into effect July 1, 2018.

Probable difficulties during the implementation of the amendments

That the adoption of the proposal to store subscribers’ data and correspondence could lead to higher communication rates earlier warned Nikolai Nikiforov, head of the Ministry of Communications. "… technically it is possible to implement, but extremely difficult and extremely costly – we are talking about huge sums of money. And that is why we will submit the corresponding calculations to the legislators. If the bill is adopted in its current form, it will lead to a dramatic increase in prices for communication services. I am sure that neither deputies, nor the State Duma, nor our citizens want that, "- said the Minister. He also said that it is not possible to store all subscribers’ data so far, it would be reasonable to store only information about the fact of calls and messages sent to subscribers.
According to Petr Lidov, Director of Public Relations at Megafon, the costs of telecom operators will most likely be reimbursed by ordinary citizens. He believes that the main benefit from the implementation of the amendment package will be received by the suppliers of data storage equipment. And they are likely to be American or Chinese companies, which means that the money will go abroad, not to the budget.
Another difficulty is the need to develop a reliable encryption system for stored user data. Sergei Grebennikov, director of the Regional Public Center for Internet Technologies, says this. According to him, the costs of developing and implementing such a system will also be huge
The Duma passed the entire package of "anti-terrorist" laws by Yarovaya-Ozerov
As for the disclosure of encryption keys – first, not all companies are able to provide such keys. In the messenger WhatsApp, for example, the encryption is done on user level , no information is stored on the server. The company itself will not be able to decrypt user data at the request of the police, even if it wants to do so (e.g. by court order). Facebook may refuse to provide encryption keys, nor will it be able to comply with the FSS requirements and Telegram, where end-to-end encryption also works.
Vladimir Gabrielyan, Vice President and CTO of MailRu Group also believes that cybercriminals can easily gain access to the stored information of users of small operators. Small companies are simply unable to secure large amounts of user data. This can lead to a situation when it is possible to buy phone records of small operators’ subscribers online for a small amount of money.

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