Operators saw in the “Spring law” threat to copyright

Photo: Alexander Ryumin / TASS

Storage of subscriber traffic in accordance with the “law of Spring” leads to copyright violations, warned the Ministry of communications operators. We are talking about licensing the content, which accounts for over 40% of all transmitted data

License video content makes up almost 40% of all data transmitted by users on the Internet, and storage prescribed in the “law of Spring”, may violate the rights of copyright holders. In a letter to the head of the Ministry of communications Nikolay Nikiforov reported, the Association of alternative Telecom operators, which includes small Russian companies, in particular “Comfortel”, “style-Com”, “Skynet”.

Letter, dated January 26, 2017, placed on the portal regulation.gov.ru in the framework of public discussion of legal acts necessary for the implementation of the “law of Spring”. According to the Association, “the storage of this data creates risks to the operator to be prosecuted for illegal use of objects of copyright”. The authors of the letter remind that according to article 1270 of the Civil code to use the work relates, among other things, its record on electronic media, including in computer memory.

The representative of the Ministry of communications refused to comment on the letter, but the source of RBC, close to the Ministry confirmed that the office was aware of the problems outlined in the reviews, and thinking of how to solve them.

“From a formal point of view, the operators, protecting intellectual property in the communications, responsible for their use, which requires the consent of the right holder”, — told RBC Advisor to the law firm Dentons Tatiana Nikiforova. She doubted that the idea to require operators to enter into licensing agreements for storage of video content a viable. “Most likely, will need to fine-tuning the Civil code, to the situation to adapt to new requirements arising from the “Spring law”, — said the lawyer.

What is “the law Spring”

Adopted in the summer of 2016 anti-terrorism package of laws, which received the informal name “the law of Spring” (named by one of its authors — the Deputy of the state Duma Irina Yarovaya), including instructs the operators and organizers of information distribution on the Internet (ARI, these include e-mail services, instant messengers, forums and other services, allows you to send messages via Internet) for up to six months to keep records of calls, content messages and other communications subscribers. The specific amount that should be stored, should determine the government.

Ordinal compromise

Continued active discussion of the scope and terms of storage of content in accordance with the “law of Spring”. In mid-January, Deputy Minister of Telecom and mass communications Alexey Volin said that the Ministry managed to reach an agreement in principle with law enforcement on the reduction of the stored volume of traffic. We are talking about reducing about ten times — due to, in particular, the content of the online video torrents, IPTV, noted the Deputy Minister.

According to published in the end of December 2016 on the portal regulation.gov.ru several projects of normative legal acts of the Ministry of communications, Cory and operators of local, intrazonal, intercity and international telephone communication will have up to six months to keep records of calls and other communications content to their customers. For operators who provide “other communication services”, such as cellular companies and Internet service providers, mentioned no time limit, but the amount of information stored. With its calculation of Telecom and mass communications suggested to proceed from the bandwidth of the exploited node. Later, the representative of the Ministry of communications explained that published on regulation.gov.ru documents prepared before the Ministry agreed to reduce the amount of stored information, and they will be changed.

Nikiforova indicates that the initiative of the Ministry of communications for the removal of video content from the amount of stored information does not remove all the risks of bringing the operators to justice, as to the objects of intellectual property are not only audiovisual works but also any literary, musical works, photographs and other objects which the subscribers can send each other, and the operators will have to store.

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Big secret for small company

Association of alternative Telecom operators in the letter also draws attention to the fact that certain types of information over networks, have a special status and special requirements for their storage by third-party organizations, such as state secrets, medical information. The authors of the letter asked the Minister of communications to determine the types of such messages to avoid creating additional risks to the owners of such information and statements.

About the problems with the storage of information transmitted over built for enterprise customers networks, wrote in his opinion and the Director of the Department on work with state structures of the company “Prestige-Internet” (a brand “Enforta”) Alexey Rokotyan. He pointed out that these channels are part of the customer’s infrastructure to the operation which the operator often may not have a direct relationship, and it would be difficult to distinguish messages sent over such networks, but to identify their senders and recipients, and even impossible. In addition, Rokotyan pointed to the uncertainty concerning the storage of user messages sent and received while roaming: operator will not be able technically to provide the full volume of the contents of user communications and data about it.

As stated by Rokotyan RBC, the implementation of the law will have to take into account the fact that corporate networks can be transmitted sensitive information of clients, including government agencies and the military. “The operator can not know the nature of the information which is transmitted on such channels. The entry of such information creates the risk of diversion,” he said, adding that “protection of all recorded traffic as classified information will increase and so unaffordable cost of storage”.

Rokotyan supported the proposal of the Ministry of communications to reduce amount of stored information, and notes that it is also appropriate to refuse to store traffic online cinemas and online libraries, portals, trading software and other similar resources. “From the point of view of common sense it would be correct to only store information about data requests, resources,” — concluded Alexei Rokotyan.

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