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Wednesday, October 26, 2016

Putin signed a “Spring package”, adding extra instructions

As expected, President Putin signed the so-called “anti-terrorism package of Spring” of the two laws. The answer to the question about which of the proposed package of measures of criminal and administrative nature are really designed to help in the fight against the terrorist threat, and which are motivated by fear of “color revolutions”, the company will receive in the near future. But the way of the adoption of these two laws adopted by the Parliament in the end of the spring session, can be called unprecedented.

photo: Natalia Gubernatorova

While unprecedented – because once you get a taste…

The signing of one of the two included in the package of documents – the same one which introduced new requirements for network operators and Internet service providers, is fraught monetary costs – the head of state found it necessary to accompany a long list of orders “on certain measures of state regulation in the sphere of combating terrorism and ensuring public security.

It happens very rarely (if ever happened). Usually in text entering into force of the law directly provides answers to questions related to its implementation, and if not – the law is a reference to a subordinate instrument, which must be developed by the government and most of these answers, finally give.

What we see in the President’s instructions? Another indication that the package was not written by state Duma Deputy Irina Yarovaya (United Russia) in the company with Senator Viktor Ozerov, who will go down in history as the authors, but somewhere in the bowels of the security services and the administration of the President, and the government was not consistent. If consistent, all of the following problems would have been solved, so to speak, “on the shore”, and somehow included in the text of the law.

But they are not solved. And now the government (with the participation of the FSB), the head of state instructed to prepare drafts of necessary regulations aimed at minimizing the possible risks associated with the use of this law, the President says, acknowledging that there are risks, and measures to minimize them are not accepted.

It is necessary to clarify the stages of application of the rules”, which require large financial resources and modern equipment of the entities that fall under Federal law, given the need to use domestic equipment, the President said.

Also Vladimir Putin believes that in connection with the application of the law in the part which concerns responsibility for the use of Telecom operators and the Internet “uncertified means of encoding or encryption, it is necessary to clarify the powers of the government and Federal Executive authorities

It is necessary to prescribe exactly how the FSB will develop and maintain a registry of Internet companies, which are obliged to provide on request of the intelligence information required to decode electronic communications, calls the President.

It is necessary to stipulate how to act the statutory requirement to discontinue the provision of telecommunications services, if the real data will not match those specified in the customer contract, supplemented by the President.

All of the above the head of the government Dmitry Medvedev and the head of the FSB Alexander Bortnikov must do by November 1, 2016…

More instructions are given to the Ministry of industry and trade with the Ministry of communications until 1 September 2016 to carry out the analysis and to submit proposals on the timing, volume and overall capabilities of the costs that were made necessary for the storage and processing of Russian equipment and software. You need to make a list of the sites of production.

The equipment, which could purchase mobile operators and Internet companies to implement the requirements of the law, yet – so we need to understand.

Yes, even the FSB, the President ordered until July 20, 2016 to approve order of certification of coding tools on the Internet and the transmission of the FSB the same encryption keys.

The law enters into force on 20 July, which is less than 2 weeks. Exception – the rules that require mobile operators and Internet companies to store up to six months information on the content they transmit messages, they come into force from 1 July 2018.

But it was July 20, not September 1 or November 1, operators shall, within three years, and the Internet service providers during the year to keep on the territory of Russia information about all the facts they transmit messages, so-called metadata. From July 20, not September 1 or November 1, the penalties for failure to do so rise from the current 300 to 500 thousand roubles for legal entities 800 thousand – 1 million rubles. Is there enough data centres in the territory of the Russian Federation to comply with this requirement? The text of the orders raises doubts.

From July 20, no later, the Internet company will be required to transfer on-demand intelligence services for information about additional codes. For refusing, the penalty from 800 thousand to 1 million rubles. But, according to the text of the President’s instructions, has yet to receive some special registry of companies, which are the codes required to pass. What? Nobody knows.

And penalties for using non-certified coding tools from July 20, no later, will be from 60 to 300 thousand rubles. But who exactly is going to penalize as follows from the instructions of the President, is still unknown.

Heartfelt greetings to the Federal Assembly of the Russian Federation, one of the chambers which went on summer vacation, and the other on the elections! The deputies and senators, who all quickly approved, almost no questions asked!

If this goes on, the question of whether their non-poor content at public expense will increasingly agitate the minds of Russians. Even those who are far from politics.

Read the story “Well, as online sat?”: users commented on the signing of the laws of Spring”

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