Internet companies are unable to fulfill the requirements of the “law of Spring” due to the lack of explaining its implementing regulations. In particular, it is still unclear exactly how the company needs to pass information to law enforcement
Photo: Thomas Peter / Reuters
From 1 July 2018 for the Russian organizers of the dissemination of information on the Internet (ARI), which include, in particular, instant messengers, forums, social networks and Dating sites, launched the so-called law of Spring. Since then, the company should provide storage of necessary information (records, messages, images, videos, etc.) for six months on the territory of Russia and to provide it on demand to government agencies, leading operational-investigative activity (OSA) or ensuring the safety of the country.
However, to fulfill the requirements of the law ORI never started because there is still no document describing exactly how and in what form they are required to transmit data to law enforcement agencies, said sources in the two Internet companies. According to the Director of strategic projects of the research Institute Internet Irina Leva, while there is no order, clarifying the requirements for storage, while the ORI do not understand how to store the data.
Media reported the Ministry of communications cost of the Internet companies with “the law Spring”
According to one of interlocutors of RBC, while no by-laws and instructions, which would be explained published 28 June government decree that obliges the ORI to keep the calls and the correspondence of users. “Before anybody starts storing data so as not ready last clarifying documents that will be developed by the Ministry digital development, most likely before the end of the summer. In this situation, there is nothing new, as happens with many such laws, so now we can only wait,” — he explained.
Questions RBC, whether the ORI the ability to fulfill the requirements of the act and whether any additional regulations, Roskomnadzor said that the service “does not have the authority to conduct such analytical studies”, but noted that, “in the opinion of Roskomnadzor, additional regulations are required”. Any violations in the work of the ORI has not yet been identified: service checks not conducted.
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The communications Ministry at the time of publication had not responded to a request to RBC.
The story of a law
The package of anti-terrorist amendments, called the “Spring law”, was adopted in July 2016. Among other things, he decreed that from 1 July 2018, operators and organizers of information dissemination in the Internet to keep up to six months, call recording, message content and other communication users. The data retention about the facts of increased communication to operators of up to three years, and for the ORI — to a year. However, the law stipulated that the exact timing and amount of information which needs to be stored, should be clarified by the government.
In April was published the resolution of the government specifying the parameters for the operators — they were obliged to keep the text messages and all call records within six months since the “end of reception, transmission, delivery and (or) processing”. For operators that provide transmission services, the retention period will be 30 days beginning October 1, 2018. In the next five years the company will annually increase by 15% the capacity of the hardware that stores the Internet traffic.
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The same clarification for ORI are now under consideration. The draft order of the Ministry of communications about the hardware requirements and software and hardware tools that the organizers of the dissemination of information should be used to implement the “law of Spring” placed on the Federal portal of projects of normative legal acts. According to the chief analyst of the Russian Association of electronic communications Karen Ghazaryan, now the document is directed to the procedure of regulatory impact assessment in the Ministry of economy.
In particular, the document obliges the ORI to use special equipment for the systems of operative-investigative measures (SORM). This wording means that the company can not store data in its own facilities, and will entail additional costs. In particular, according to the calculations of Ministry of communications, the Internet companies with the audience of more than 500 thousand active users will need about 20 million rubles In this amount includes the cost of an increase in server equipment, switches, software and technical means of operational-investigative activities and the development of software. However, Kazarian warns that as many ORI will spend if they store data on their facilities. “Subject to the use of SORM, a company such as Yandex, for example, would spend 5-6 billion rubles. taking into account the new requirements of even those who hold only text information, will incur some costs, so it will be forced to rent SORM,” he adds.
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“In fact, from the ORI need to buy some very specific equipment from certain manufacturers, but not understand why — now needed for the HORDES of data they are stored, and raises doubts about the feasibility of duplicating already existing stores. In addition, different ORI different technical architecture, and that is to install the equipment a single sample will not work”, — said Irina Levova.
As explained Ghazaryan, a storage plan for each individual ORI will be agreed individually. Thus, speaking in early July at the conference “the Digital economy: a breakthrough in the future”, Minister for digital development, communications and mass communications Konstantin Noskov stated that every operator is a separate agreement in compliance with the requirements of the “law of Spring”.
The largest Internet companies — Mail.Ru Group, Yandex, Rambler Group — declined to comment.