The State Duma in the second and third readings adopted the anti-terrorist bill of deputy Irina Yarovaya and senator Viktor Ozerov. Among other things, the law obliges Internet providers, mobile operators and Internet companies to store user correspondence, as well as disclose to the authorities the keys for decrypting it.

In the second reading, the document was supported by 266 deputies, 61 parliamentarians were against, one abstained, in the third reading 287 were in favor, 147 were against, one abstained. Dmitry Gudkov proposed abolishing the rule on storing data and disclosing encryption keys, but the State Duma refused (text for the third reading, ).

Internet companies will have to begin collecting information about the facts of connections for three-year and one-year periods as early as July 20, 2016, and the content of negotiations and correspondence - from July 1, 2018. Telecom operators and “organizers of information dissemination” on the Internet will have to store all conversations and data that users transmit to each other before six months (the exact period is established by the Government) from the moment of transfer. The fact of the transfer itself will have to be stored for three years. The register of “distribution organizers” will now include any resource where you can exchange electronic messages (i.e., any forum, for example). In today’s version of the register of information dissemination organizers (according to Roskomsvoboda statistics), there are less than a hundred entries and there is no talk at all about “each forum”.

The keys to encrypted information will have to be handed over to the authorities. The fine for non-compliance ranges from 800 thousand to 1 million rubles for legal entities. This would theoretically pose a risk of banning an application with end-to-end encryption, since the keys for this type of encryption are stored with users. End-to-end encryption is used in instant messengers - Telegram, Viber, WhatsApp (but the reason for the latter two achieving popularity).

The idea to oblige operators to save correspondence of Internet users dates back to the winter of 2014, along with other anti-terrorism measures, for example, tightening control over Internet payments. Even then, this proposal attracted sharp criticism. So the head of Mail.ru Group, Dmitry Grishin, back in April 2014, said that the adoption of the bill would cause irreparable damage to the Internet industry. The innovation was assessed in approximately the same way at Yandex.

In April 2016, more specific amendments were made, specifying what to store (correspondence in instant messengers, sent images, etc.). There was also a requirement regarding how long information should be stored - three years, then this norm was reduced to 6 months. The bill also introduced a requirement to provide competent authorities with the means to decrypt user messages.

Despite the resistance of industry lobbyists, the deputies did not even make any serious attempts to somehow soften the blow to the industry. At the last moment, on July 20, 2016, the most odious clauses in the bill were about deprivation of citizenship for “terrorist articles” and softened the ban on leaving the country if a citizen receives an official warning “about the inadmissibility of actions that create conditions for the commission of terrorist crimes.”

By leaving in the final version the requirements for storing keys for decrypting correspondence, the State Duma, according to industry representatives, doomed companies to unjustified expenses. For example, MTS has 2.2 trillion rubles (for itself only), VimpelCom’s estimate is more modest - 2 trillion rubles for all operators. Of the Internet companies, only Mail.ru Group has so far suffered potential losses - $2 billion. The total damage could amount, based on available estimates, to about 5 billion rubles. The value of shares of companies that should suffer from the introduction of new laws on the stock exchange has not yet shown a significant drop except for the shares of Mail.ru Group on the LSE by 9.2%, but this can be explained by the general decline in the local stock market associated with the referendum on the withdrawal of Great Britain from EU.

An RBC source close to one of the Troika operators reported that it is not only MegaFon that is not immediately deploying a system for storing information according to the Yarovaya Law throughout the country. He noted that the introduction of SORM-2 (designed for monitoring Internet activity) in the 2000s and SORM-3 (for storing metadata - for example, who called whom, when) since 2014 also did not occur simultaneously.

What does the “Yarovaya Law” prescribe?

A package of anti-terrorism amendments, known as the Yarovaya Law, was adopted in July 2016. Among other things, it ordered, from July 1, 2018, telecom operators and organizers of the dissemination of information on the Internet (ORI, these include email services, instant messengers, social networks and other Internet platforms on which users can exchange messages) to store records for up to six months calls, message contents and other user communications. The storage period for metadata was increased for operators to three years, and for ORI - up to a year.

The law stipulated that the timing and volume of information that must be stored should be clarified by the government. In April, a corresponding decree was published regarding telecom operators: they must store text messages and call recordings for six months from the date of “the end of their reception, transmission, delivery and (or) processing.” For operators that provide data transmission services (Internet providers), the storage period will be 30 days starting from October 1, 2018. For the next five years, companies must annually increase the capacity of “technical storage devices” (equipment on which Internet traffic will be stored) by 15%. On Tuesday, June 26, the government approved a decree establishing the storage period for recordings of conversations and correspondence for ORI: as for telecom operators, it is six months.

But documents with technical requirements for equipment that should be used to store information have not yet been adopted. In particular, as a representative of Rostelecom stated, the state operator has not yet included in its budget the costs of complying with data storage requirements within the framework of the law. “Despite the fact that the Russian government’s decree on storage periods has already been published, to estimate costs it is necessary to wait for the release of documents with equipment requirements,” he noted. A spokesman for the operator did not respond to questions about whether they would begin complying with the law on July 1.

According to Sergei Soldatenkov, this [unapproved equipment requirements] is an “ambiguous situation,” but the contents of the documents will not come as a surprise to operators, since there are drafts of these requirements. MegaFon is based on past experience, when in 2013 the so-called MNP principle (mobile number portability, the ability to save your phone number when changing mobile operator) was adopted. RBC). The regulatory legal acts clarifying it were adopted two days before it came into force. “We were all standing on our heads for two to three months preparing for them and didn’t want to go down that route. Therefore, six months [before the requirements of the “Yarovaya Law” came into force], certain tests of solutions and storage schemes were carried out. If there are any changes in the requirements that will be adopted, our suppliers are ready to change their solutions to suit them,” Soldatenkov said.

The main question remains unresolved: what responsibility will operators and Internet companies bear for failure to comply with the requirements of the Yarovaya Law? However, according to Soldatenkov, even if such documents had already been approved, the state would be unlikely to punish the operator. “If we say that we are going according to plan, then I don’t think there will be any complaints. The question on the part of the state is not to punish the operator, but to make sure that it is possible to ensure the storage of data,” he explained.

According to the head of commercial practice at the BMS Law Firm, Denis Frolov, MegaFon and other operators must, even in the absence of regulations, comply with the requirements of the law; the acts only “specify the law.”

Expensive speed

In 2016, the expert working group “Communications and Information Technologies” under the Russian government predicted the costs of operators for storing data under the Yarovaya Law at 5.2 trillion rubles. However, later the estimates were adjusted several times. In the spring of 2018, MTS required the required amount of 60 billion rubles. for the next five years - 35-40 billion rubles, - 45 billion rubles.

According to the CEO of Linxdatacenter in Russia (provider of communication services and data centers) Olga Sokolova, the amount of storage costs really depends on what SORM configuration and requirements for equipment manufacturers will be approved in the documents. She noted that so far the company has not observed a particular surge in requests in connection with the Yarovaya Law. “So far, no one knows in what form the state will ask market participants to implement the requirements of the law. It would be one thing if a phased procedure was adopted, say, over three years. A completely different scenario if full compliance needs to be achieved in, say, several months,” says Sokolova. She expects the situation to clear up after July 1.​

Law-abiding foreigners

The general director and chairman of the board of directors of the international Orange group, Stéphane Richard, told RBC that the company follows the provisions of the law in any country in which it operates, and from July 1 is ready to comply with the requirements of the Yarovaya Law. “In Europe we understand the terrorist threat, especially in France. After the events of 2015, we began to cooperate more closely with the authorities,” he noted. The company has not disclosed how much it has spent preparing to comply. However, the head of Orange Business Services (Orange division) in Russia, Richard van Wageningen, explained that given the fact that the company operates here only in the b2b segment and has a limited number of corporate clients, the costs were small.

In July 2017, the Internet Research Institute (IRI) released a report in which it indicated that the “Yarovaya Law” of the GDPR (General Data Protection Regulation), which came into force in the European Union in May 2018. The III indicated that, according to the GDPR, in order to store information about the facts of user communication, there must be appropriate confirmation from the intelligence services. If Russian operators store information about foreigners on their servers without the consent of the user and provide this data to Russian law enforcement agencies without a court order, European law will be violated, the report said.

However, according to an Orange representative, the company sees that it can comply with the requirements of both laws to the extent that they apply to it. He noted that from the point of view of the GDPR, a company, in the course of providing services, is a “processor” (an individual or legal entity, government agency, institution that processes personal data on behalf of the “operator” - the one with whom the agreement for data processing was concluded). “It is also important to note that issues related to national security are excluded from the scope of the GDPR, and the Yarovaya Law refers specifically to this area, as follows even from the official name,” the Orange representative said.

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The authorities explained the “Yarovaya law” for websites: You will have to store the contents of messages for a maximum period

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06/29/2018, Fri, 09:27, Moscow time , Text: Igor Korolev

The government has approved requirements for organizers of information dissemination on the Internet regarding the storage of the contents of their users’ correspondence. You will have to store the correspondence for six months - the maximum period allotted by the Yarovaya Law.

The government clarified the requirements of the Yarovaya Law for Internet companies

The Russian government has approved rules for the storage of the contents of user messages by organizers of information dissemination on the Internet (ORI). The document is a by-law to the Law “On Information, Information Technologies and Information Protection”, according to which, from July 1, 2018, ORI will be required to store the contents of their users’ correspondence.

What is ARI

The term ARI was introduced into legislation in 2014, when it was adopted, developed with the participation of Senator Irina Yarovaya package of “anti-terrorism amendments”. ORI refers to sites and services that allow Internet users to communicate, with the exception of sites for personal and family needs.

Initially, the law required them to store data on actions performed by Russian users in Russia for six months. At the same time, a government decree was adopted detailing the requirements for storing information.

It was established that Russian users are users who log in from the territory of Russia, registered from the territory of Russia, or registered using Russian identifiers (passports, cell phone numbers, etc.). Also, Russian law enforcement agencies can themselves inform the ORI which users should be considered Russian.

The Government requires internet companies to keep
user correspondence for six months - the maximum period allotted by the Yarovaya Law

ORI must store and transfer to Russian law enforcement agencies registration data about Russian users, information about the facts of their authorization, messages sent and received by them, paid services provided to them and payments made.

Message Content Retention Requirements

In 2016, a new anti-terrorism package of bills was adopted, co-authored by Irina Yarovaya. The document received the informal name “Yarovaya Law”. According to it, ORI must store data on correspondence of Russian users for a year. Also, the contents of the messages themselves must be stored for up to six months.

We are talking about all types of messages: text, photos, videos, images, sounds, etc. The rule on storing the contents of messages is the most expensive for ORI, and large Russian Internet companies opposed its adoption. As a result, the law stated that this norm will come into force only on July 1, 2018, and the government will establish requirements for volumes and storage periods.

In addition, if ORI uses key exchange technology to encrypt messages between users, the law obliges the security services to provide keys to decrypt such messages.

The authorities did not soften the requirements of the Yarovaya Law for Internet companies

The current government decree specifies the requirements for ORI for storing the contents of messages. The government decided not to soften the requirements for ORI and obliged them to store user messages for the maximum period allowed by law: six months. The concept of a Russian user remains the same as in the government decree of 2014.

“The government decree contains the maximum storage period for the contents of correspondence allotted by law, but does not contain the maximum amount of capacity that should be allocated for these purposes,” notes the chief analyst of the Russian Association of Electronic Communications Karen Kazaryan. - Since almost any Internet site can be recognized as an ARI, the implementation of these requirements will require large costs, which will be unaffordable for both small Internet resources and large Internet companies. At the same time, it is still not clear how information containing secrets, personal data, copyright objects, etc. should be stored.”

Note that the “anti-terrorism package” of bills from 2016 introduced similar requirements for telecom operators. They must store information about messages sent by their subscribers for three years, and the contents of the messages themselves for up to six months. The rule on storing the contents of messages from telecom operators also comes into force on July 1, 2018, and the requirements for it should have been spelled out in a separate government decree.

This government decree was issued in the spring of 2018. Telephone traffic should be stored for six months. But in the case of data traffic, the government made a compromise.

It will need to be stored from October 1, 2018. The telecom operator will have to allocate capacity to store such traffic and hand over the corresponding system to Roskomnadzor and the FSB. The volume of capacity will have to correspond to the volume required for the operator to store the traffic of its subscribers for the month preceding the delivery of its system to them. Each year over the next five years, capacity will increase by 15%.

How to punish ORI for failure to comply with Russian laws

Meanwhile, if the activities of telecom operators are licensed, then it is more difficult to regulate the work of ORI. Roskomnadzor established the ARI register in the fall of 2014, but at first only Russian services were included in it. For refusal to register in the ARI Register, the law provides for punishment in the form of blocking access to the resource from the territory of Russia, but at first Roskomnadzor did not punish foreign sites for ignoring the requirements for the ARI Register.

The first foreign services began to be included in the ARI Register at the beginning of 2017. At the same time, the first foreign services that were not included in this Register were blocked. At the same time, Roskomnadzor did not apply any sanctions against such large services as Facebook, Twitter, WhatsApp, Viber, Skype, etc., although they are not in the ARI Register.

The most notorious story was with Telegram. In 2017, the head of Roskomnadzor, Alexander Zharov, warned him about blocking. After this, the creator of Telegram Pavel Durov agreed to register in the ARI Register, but assured that he would not give access to users’ correspondence.

The FSB then demanded keys from Telegram to decrypt messages from a number of its users. Due to the refusal to comply with this requirement, this spring Roskomnadzor began blocking Telegram. However, the messenger itself manages to bypass the blocking.

Head of the public organization "Roskomsvoboda" Artem Kozlyuk notes that until now the ARI Registry has operated opaquely. “Most likely, this will continue, and all cases of obtaining user data will be resolved according to “telephone law,” says Kozlyuk. “In this regard, the story of the Swiss messenger Threema is indicative: Roskomnadzor included it in the ARI Register, but the service itself stated that Swiss legislation, in principle, will not allow it to transfer data about its users.”

The Government of the Russian Federation has approved the final parameters of the resonant law for mobile operators

The government has decided on the storage periods for data under the Yarovaya Law: telecom operators will be required to store SMS messages and conversations for six months, and Internet traffic for a month. Realnoe Vremya contacted representatives of the Big Four, as well as experts in the telecom industry, and found out how this decision will affect the cost of communication services (the projected increase in tariffs is up to 90%), what costs operators will bear over the 5 years of implementation of the law and whether the “Yarovaya package” will stop the development of mobile networks in Russia.

Closed meeting with Nikiforov and the silence of the Big Four

The approval of the final parameters of the “Yarovaya Law” for telecom operators and Internet companies in terms of determining the volumes and periods of data storage became known last weekend. The publication RBC, citing sources in the telecommunications market, reports that the final version of the implementation of the law was presented personally by the Minister of Communications and Mass Media of the Russian Federation Nikolai Nikiforov at a closed meeting with representatives of MTS, MegaFon and VimpelCom.

The final parameters are as follows: from July 1, 2018, SMS messages and telephone conversation records will be stored by operators for six months, and Internet traffic, including correspondence in instant messengers, email, browser history and more - for one month, starting from October 1 of this year. Note that initially the terms were different: six months for storing Internet traffic and a year for messages and calls. RBC's interlocutors claim that the new scheme has already been formalized as a draft government resolution, but will publish it only after the presidential elections.

Realnoe Vremya asked the operators if they knew about the approval of the final version of the implementation of the law, and whether new instructions were distributed within the companies after the closed meeting of the Big Three with Nikolai Nikiforov. VimpelCom (Beeline brand), MTS and Tele2 told us that they do not comment on the Yarovaya Law. The press service of PJSC MegaFon sent data on the company’s costs for implementing the law (more on this below), ignoring all questions about the final parameters of the “package”. At the time of publication, the editorial office had not received a response from the press service of the Ministry of Telecom and Mass Communications of the Russian Federation.

Alexander Smirnov: “We do not consider it possible to discuss the legislation of the Russian Federation, which is mandatory for implementation by constituent entities, especially since the law is still significantly adjusted downward in terms of information storage periods. Now our company has to conduct a detailed study and develop technical models for storing this information.” Photo by Maxim Platonov

“The Ministry of Telecom and Mass Communications took into account some of the concerns of telecom operators”

One of the few market participants who was not afraid to comment on the situation (using very careful wording) was the marketing director of Tattelecom, Alexander Smirnov: “We do not consider it possible to discuss the legislation of the Russian Federation, which is mandatory for execution by subjects, especially since the law is still essential adjusted downward for information storage periods. Now our company has to conduct a detailed study and develop technical models for storing this information.”

Irina Levova, curator of the Communications and IT working group of the Expert Council under the Government of the Russian Federation, also speaks about relaxations for operators: “It should be noted that the Ministry of Telecom and Mass Communications took into account some of the concerns of telecom operators expressed earlier. In particular, in the new project, the ministry abandoned the use of the concept of “mounted capacity” when determining the volume of information storage - its use significantly increased the financial costs of operators for the implementation of Federal Law No. 374. At the same time, the obligation for transit traffic operators to store was eliminated, which also reduces the amount of stored information. Also, small operators are allowed to use the resources of large telecom operators instead of creating their own storage facilities.”

“People will suffer because they will have to pay more.”

According to Mikhail Markovich, director of the regional branch of the telecommunications company OBIT, the reduction in data storage periods included in the new project is encouraging, and now they “look more reasonable and realistic than in the original version.” However, Markovich believes that the changes made are not radical enough: “The Yarovaya Law” still remains a regressive act that will not contribute to the development of the telecommunications industry in the country, but will most likely provoke an increase in tariffs for communication services.”

Speaking of tariffs: Irina Levova argues that with the scheme for implementing the law described above, there may be a significant (from 12 to 90%) increase in the cost of communication services. Mikhail Markovich, in turn, designates a “fork” of 20-50%.

Irina Levova argues that with the scheme for implementing the law described above, there may be a significant (from 12 to 90%) increase in the cost of communication services. Photo bangbangeducation.ru

So far, it has not been possible to convey to the regulator that people will suffer, since they will have to pay more. Personally, I don’t know whether citizens are ready to pay for all this. After all, no one asked how effective they consider the implementation of this kind of measures and whether they are willing to pay out of their own pockets for all this, says Irina Levova.

Tattelecom Marketing Director Alexander Smirnov looks at the situation from a slightly different angle: “The growth of tariffs is largely influenced by competition between operators, and I don’t think that operators today are ready to directly transfer the costs under the Yarovaya Law to their customers , which are very sensitive to the prices of the service. However, it cannot be denied that this law will play a role in reducing the profits of telecom companies.”

“Operators’ investment budget will be completely absorbed”

There is a high probability that in the future telecom companies will have to face not only the decrease in profits that the Tattelecom representative mentioned.

According to preliminary calculations, over 5 years of implementing the law according to the scheme that is now proposed, telecom operators will incur the following costs: MTS PJSC - about 43 billion rubles, VimpelCom - at least 63 billion rubles, MegaFon - about 40 billion rubles (data confirmed by the company’s press service), ER-Telecom - about 50 billion rubles. In such volumes, this actually means the cessation of the development of communication networks in the country, since the investment budget of operators will be completely absorbed, states Levova.

OBIT representative Mikhail Markovich agrees with this statement: the expert believes that operators will indeed be forced to redirect investment budgets to comply with legal requirements instead of modernizing networks, developing their own infrastructure and mastering new standards and technologies.

Mikhail Markovich considers the proposal of the Communications and IT working group to be quite adequate and states that “even extending this period (three days) to a week would be acceptable for operators, compared to current requirements.” Photo by Maxim Platonov

According to the Communications and IT working group of the Expert Council under the Government of the Russian Federation, the maximum acceptable storage period according to the Yarovaya Law is three days. The curator of the group, Irina Levova, believes that it would be possible to start with this period of time, and only then develop archiving systems that would reduce both volumes and costs. The expert clarified that at the moment there are no such systems in Russia, just as there is no “necessary equipment, which, as is known, by order of the president must be domestic.”

In turn, Mikhail Markovich considers the proposal of the Communications and IT working group to be quite adequate and states that “even extending this period (three days) to a week would be acceptable for operators, compared with current requirements.”

“The main goal of the new regulation is to get money from those who have a data center”

Answering our questions about Nikolai Nikiforov’s closed meeting with the Big Three, at which the final parameters of the Yarovaya Law were approved, Irina Levova still doubted that a real final decision on the timing was made last week.

We must look at this situation directly: we currently do not have the opportunity to budget for the funds that are necessary to implement the law. We can pretend that we will really start implementing something now, but in reality this will not happen. Yes, now the same SORM (system of operational-search activities, - approx. ed.) in reality it works by 50 percent, says the expert. - From my point of view, it would be good to make SORM work normally, instead of coming up with new regulation, the main purpose of which, apparently, is to ensure that whoever has a data center gets money. In this case, the meaning of storing traffic that is encrypted from a national security point of view somewhat eludes me.

Irina Levova: “From my point of view, it would be good to make SORM work normally, instead of coming up with new regulation, the main purpose of which, apparently, is to ensure that whoever has a data center receives money". Photo wikipedia.org

Speaking about “enrichment” from the Yarovaya Law, it is worth mentioning one curious thing: several representatives of the Russian telecommunications market told RBC that the law “will increase the revenue of the Citadel holding, which produces SORM necessary for removing information from communication channels.” . It is reported that the main owner of Citadel is Anton Cherepennikov, a partner of the majority shareholder of MegaFon Alisher Usmanov on several projects. The interlocutor of the federal publication suggests that this is precisely the reason why “the operator is no longer a fierce critic of the provisions of the Yarovaya Law.”

Lina Sarimova

Which explains the norms of the “Yarovaya package” in relation to Internet sites, instant messengers and other services. The document clarifies that all information dissemination organizers are required to store user traffic for six months. We are talking about voice information, images, sounds, video recordings and electronic messages of Internet users.

This is a serious tightening of the “Yarovaya package”, taking into account the fact that Internet providers are required to store user traffic only for 1 month.

But if you use a foreign VPN, then the rules may not apply to you. In this case, websites and instant messengers not obliged store your messages.

Resolution No. 728 has a rather long title “On approval of the Rules for the storage by the organizer of the dissemination of information on the information and telecommunication network “Internet” of text messages of users of the information and telecommunication network “Internet” of voice information, images, sounds, video and other electronic messages of users of the information and telecommunication network "Internet" network.

But its essence is formulated quite succinctly.

The first paragraph lists the information to which the regulation applies. It is also listed in the title of the by-law: this is voice information, images, sounds, video, and other electronic messages from users.

The second paragraph states that the organizer of the dissemination of information (ORI) is obliged to store this information on the territory of Russia “and provide electronic messages in the prescribed manner to authorized government bodies carrying out operational investigative activities or ensuring the security of the Russian Federation.”

The second paragraph explains who these rules apply to (in short, only to Russians):

1. For users registered using network addresses determined by the organizer of information dissemination as used on the territory of the Russian Federation.
2. For users authorized using network addresses determined by the organizer of information dissemination as used on the territory of the Russian Federation.
3. For users who, when registering or using the functions of an Internet communication service, indicated an identification document issued by a government agency of the Russian Federation (the main document or other identification document).
4. For users who use devices and (or) computer programs that transmit geographic data (metadata) indicating their location on the territory of the Russian Federation to access an Internet communication service.
5. For users about whom the ORI has been informed by authorized government agencies carrying out operational investigative activities or ensuring the security of the Russian Federation, that the users are located on the territory of the Russian Federation.

Finally, the third paragraph indicates the shelf life: 6 months from the moment of completion of reception, transmission, delivery and (or) processing of electronic messages.

Obviously, the definition of “other electronic messages” from users includes messages on forums and social networks, including personal messages, comments on articles, messages in instant messengers, and so on. The most difficult situation will be for owners of instant messengers that support the transmission of video and audio messages (Skype, Hangout). Because they will either have to open their own data centers in Russia, or negotiate with the owners of existing ones, and then store quite significant amounts of traffic here. Of course, it is necessary to allocate special personnel who will monitor compliance with the rules, that is, the correct storage of data. In this sense, the norms of Russian legislation are reminiscent of the European GDPR, with one difference: European legislation is aimed at protecting the personal information of citizens and provides for several procedures according to which a user can request the deletion of their data. Moreover, the operator must delete personal data of users after a certain period of time. Russian legislation approaches the issue from a different angle. Yes, here the operator is also obliged to store data in the local jurisdiction, but not at all to protect the user’s personal data, but to simplify operational investigative activities. Russian legislation does not require mandatory deleting data after a certain period of time establishes only a minimum, but not a maximum, period of storage.

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