FSB has negotiated a draft decree with the Mincomsvyaz, which obligates all internet providers to equip their networks with modules for recording and storage of internet traffic for the period of minimum 12 hours starting 1 July, 2014.
Special services ought to gain direct access to these records, writes “Kommersant” with reference to Vympelcom to Mincomsvyaz.
The letter says that several articles of the decree violate the rights, guaranteed by the Constitution. It refers to guarantee of right of privacy – privacy of correspondence and telephone conversations. Limitation of this right is allowed only on the basis of the court’s decision. Collection, storage, usage and spreading of the information about one’s private life without one’s permission are not allowed.
The project of the Mincomsvyaz order was prepared in spring. Recently it has been agreed upon with FSB. Not it has to be registered with the Ministry of Justice and it is expected to come into force before the end of the year.
If the document is brought into force, internet providers will have to connect their networks to special equipments that are managed by federal agencies. It will carry all internet traffic, while special services would be able to record all data and store it for at least 12 hours. Special services will also be able to access telephone number, IP-address, logins of emails on such services as mail.ru, yandex.ru, rambler.ru, gmail.com, yahoo.com etc. and unique ICQ identification numbers.
Existing requirement for carrying out the investigation, adopted in 2008, do require network operators to transfer telephone numbers and locations of mobile users, but they are not required to record them. According to the security director of “Afish-Rambler-SUP” Alexander Rylik, at the moment internet companies transfer their traffic to FSB. He believes that in terms of users’ rights operator will not send FSB more information than they are already sending.
Vympelcom notes that it is still unclear who will have to buy recording equipment and establish communication channels with FSB.
It is pointed out in Rokotyan’s letter that Article 8 of the federate law “About special investigative techniques” does not require operators to buy and use special technical equipment. Theoretically these expenses are supposed to carried by law enforcement bodies themselves. If the government is not able to establish the sources of funding, the operators will not be able to fulfill the requirements before the 1st of July 2014, warns Vympelcom.
Although, as noticed by the source in one of the ministries, operators traditionally pay for installment and usage of the equipment themselves. According to Vympelcom’s preliminary estimates, yearly investments into the system would amount to $100 million, whereas MTS estimates them to amount to 300 million rubles. According to his opinion, for smaller operations this amount would be too large to invest in such equipment.
Author: Ludmila Klimentyeva
Source: Vedomosti
