The Federal Security Service (FSB) wants maximum control information on the Internet. Intelligence agencies have agreed on a draft order the Ministry of Communications, in accordance with which to July 1, 2014 all internet providers are required to install on your network equipment for recording and storing Internet traffic for a period of not less than 12 hours, the security forces will have direct access to these records. Under the control of, for example, will get phone numbers, IP- addresses, account names and email addresses of users of social networks. Telecom operators argue that certain provisions of the draft order unconstitutional as it involves the collection and storage of data prior to the court decision.
At the disposal of "Kommersant" was an "VimpelCom" letter aimed at Ministry of Communications, in which the operator makes a number of comments on the draft ministerial order on the operational-search activities on the Internet. In particular, according to a letter signed by the Director of the Analytical Support interaction with public authorities "VimpelCom "Alexei Rokotyanom, a number of provisions of the order "violates rights guaranteed by the Constitution of the Russian Federation (Article 23, 24, 45)." These articles guarantee the right to privacy, say that everyone has the right to privacy of correspondence, telephone conversations, postal, telegraph and other communications, and the restriction of this right shall be allowed only on the basis of a court decision. In this collection, storage, use and dissemination of information about the private life of a person without his or her consent is not permitted.
In addition, the claim to "VimpelCom", the draft order as "contrary to Art. 8 of the Federal Law" On operative-search activity. '"The fact that the law "On operative-investigative activity" is not installed obligation for operators to purchase and operate special equipment for operational and investigative activities not related to the means of protection.
We are talking about the draft order the Ministry of Communications, recently agreed beforehand with the FSB - this document, "b" told two sources in the telecommunications market and confirmed the manager of "Rostelecom". Now the document must be registered with the Ministry of Justice and is expected to enter into force before the end of the year.
The draft order prepared in the spring, requires the ISP to connect your network to the special equipment, which will be managed security services. Through this equipment will take place all Internet traffic, and security services will receive technical ability to record all incoming data packets and keep them at least 12 hours. The document also details what information about users of the Internet will be transferred to the special services provider. This, in particular, phone number, IP- address, account name, email address in the services mail.ru, yandex.ru, rambler.ru, gmail.com, yahoo.com, etc. and a unique identification number online chat ICQ, International mobile Equipment Identity (IMEI), identifiers called and calling subscribers of internet telephony. The draft order also states that providers must transmit to the intelligence information about the location of the subscriber terminals users of Internet telephony services (Google Talk, Skype, etc.).
Managing partner of law firm "Bartolius "Julius Tai believes that the order is violated not only the Constitution but also the laws of the lower level. In particular, the Criminal Code, the Criminal Procedure Code, the Law "On protection of personal data. "The existing legal and technical possibilities of access to personal data to Internet users and law enforcement agencies are enough. The unlimited expansion of these opportunities and neglect will lead to a violation of the rights of ordinary citizens as well as spetssubektov ", - said Mr. Tai.
In addition, notes in his letter, "VimpelCom ", it is unclear who would finance the purchase of recording devices and the construction of communication channels with the FSB "with expensive equipment and high-speed interfaces bandwidth of 1 Gbit / s and higher." By law, the search operations are carried out by the forces and resources of law enforcement, rather than by telecommunications operators. If the state does not identify funding sources, the operators will not be able to fulfill the requirements of the order until July 1, 2014, warns "VimpelCom ".
According to the source "b" in one of the ministries, operators have traditionally paid for the installation and operation of equipment SORM ( System of search operations ), although the law has to pay for Lawful State. According to preliminary calculations, "VimpelCom ", an annual investment of $ 100 million, estimates MTS modest - about 300 million rubles. per year, according to "Kommersant" a ministry official said. In his opinion, for small operators new investments in SORM can overwhelm. For example, in the U.S. state compensates technology companies expenses in connection with the "wiretapping "( see reference).
"Right now, the order is being coordinated by the FSB. Course, and before that it was developed in conjunction with the FSB and agreed upon in an informal manner. Ministry of Finance and Ministry of Economy - this is the next step, the order will be sent to them after the approval of the document by the FSB. Questions about financing addressed to the Ministry of Finance, were premature, "- said the press service of the Ministry of Communications. The press service of the Ministry of Finance and the Federal Security questions "b" is not answered.
Existing requirements SORM adopted in 2008, already require operators to transmit to the intelligence phone numbers and the location of mobile subscribers, but the operator is not required to record the data, said the source "b" in a major internet company. The draft of the new order is an upgrade from the requirements in 2008 taking into account the "contemporary realities ", the director of security of the combined company "Poster - Rambler -SUP" Alexander Rylik. "According to the requirements of SORM we did not write, and do not store. We pass on our traffic unit of the FSB. SORM equipment that is installed in our country, is merely an interface interfacing with the hardware of the FSB. All processing is carried out on the site of the FSB," - explains Mr. Rylik. In his view, from the point of view of users' rights in the draft order as "nothing new" : telecom operator will be sent to the FSB more data than sending now. The question "b", whether in the draft order censorship of speech about the e-mail Rylik Alexander replied: "Let's just say, is the automation of the law" On operative -investigative activity. "Telecom operators comply with the requirements of the law. Responsibility for possible abuse lies with the authorities, that receive the information. "
Meanwhile, the government recently introduced a bill, offering to endow the FSB operative -search powers in the field of information security. The draft and explanatory memorandum refers to the strengthening of threats to national interests in this area, reports "Interfax". In particular, the intensification of inter-state information warfare, recorded cases of spread of malicious software, is used as an information weapon. In addition, there is a possibility of using information communication technology to commit terrorist acts.
The press service of MTS, "Rostelecom" to comment on the article abstentions, to "Yandex", Google, Mail.ru Group and "Megaphone" questions "b" is not answered.
Vladislav Novy, Elena Chernenko, Roman Rozhkov
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