Roskomnadzor about Spamhaus
The other day we received a letter from ROSKOMNADZOR with a message about the illegality of meeting the requirements of Spamhaus (SPAMHAUS) in Russia. As a rule, they require turning off websites, removing domain delegations, blocking an IP address or disconnecting networks of IP addresses, that is, violating the conditions for providing communication services in the Russian Federation. These requirements are usually fulfilled by the provider under the threat of adding all its IP addresses to black lists.
SPAMHAUS is an offshore organization, which in fact does not comply with any Russian, or European, or North American legislation, and has already managed to annoy more than one top ten operators and hosting providers. Those. if one of your clients suddenly turned out to be a spammer, then your whole business is at risk.
Prehistory
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Not so long ago, one of our providers blocked the subnet. The blocking took place according to the standard scheme: the upstream received a letter from Spamhaus, they say, he does not like the subnet, and the upstream has disabled it. Knowing how hard it is to pull a subnet from Spamhaus's lists, they decided to go a little different way, at least longer, but still socially useful. This time legal.
What is a spamhouse.
A spamhouse is a supposedly non-profit organization that was originally created for the sake of good goals: fight spam by keeping black lists, from where spam is sent.
Now it's the 21st century and there is no longer any need to use BL.
Spam is now determined by content filtering, gray lists, mass control and headers, DKIM, SPF, etc., and black lists are used less and less. But as we can see, the situation since 2003 is changing in a way that is not quite obvious.
Since earlier, the black list technology was quite widely spread - the influence of the spamhouse at the moment is great due to the fact that their BLs are used by default by many control panels and non-sysadmins. Which in turn and now creates an opportunity for abuse ... than Spamhouse and uses.
A striking example of such abuse in Russia are the conflicts of Spamhaus and nic.ru, Agave , masterhost, naunet and the masses of other providers. There was also a case when they faded almost the whole of Latvia with the words “well, this is a small country”.
The general essence of the problem is the following: if a spammer, hacker or phisher suddenly turns out to be among your customers, all the IP addresses of your network get blacklisted very soon, and since some customers don’t like it, they start to move out of you quickly. And to pull out their subnets from the blacklist CX is extremely difficult and almost impossible. Thus, innocent clients suffer from the actions of the spamhouse.
What we plan to do:
Having read the law on communications and the rules for the provision of services, which was later confirmed to us by Roskomnadzor, no Spamhaus letters can be the reason for the termination of the provision of services.
The reason for termination of services, i.e. termination of the contract, can only be the termination of the license, and blocking in the Russian Federation can only be carried out in accordance with the registry of domain names and sites containing prohibited information (the same blacklist list, 139-).
I quote from the response letter of Roskomnadzor:
Thus, we are now preparing documents for Roskomnadzor to carry out inspections in relation to higher-level operators who systematically commit such unlawful outages. Maybe sooner or later we will go to court.
And I very much want this campaign in our future to make the operators in Russia think and that no one else will give in to the blackmail of Spamhaus.
If you have suffered from the actions of this organization or believes that your rights have been violated, then publish the complaint text, the ILF response, and simply useful information:
1) complaint template to ROSKOMDDAZOR
2) the official response of ROSKOMNADZOR
3) forum of Russian hosting providers - discussion of legal issues and spam house
4) FAQ, as well as a lot of different information on this subject
SPAMHAUS is an offshore organization, which in fact does not comply with any Russian, or European, or North American legislation, and has already managed to annoy more than one top ten operators and hosting providers. Those. if one of your clients suddenly turned out to be a spammer, then your whole business is at risk.
Prehistory
')
Not so long ago, one of our providers blocked the subnet. The blocking took place according to the standard scheme: the upstream received a letter from Spamhaus, they say, he does not like the subnet, and the upstream has disabled it. Knowing how hard it is to pull a subnet from Spamhaus's lists, they decided to go a little different way, at least longer, but still socially useful. This time legal.
What is a spamhouse.
A spamhouse is a supposedly non-profit organization that was originally created for the sake of good goals: fight spam by keeping black lists, from where spam is sent.
Now it's the 21st century and there is no longer any need to use BL.
Spam is now determined by content filtering, gray lists, mass control and headers, DKIM, SPF, etc., and black lists are used less and less. But as we can see, the situation since 2003 is changing in a way that is not quite obvious.
Since earlier, the black list technology was quite widely spread - the influence of the spamhouse at the moment is great due to the fact that their BLs are used by default by many control panels and non-sysadmins. Which in turn and now creates an opportunity for abuse ... than Spamhouse and uses.
A striking example of such abuse in Russia are the conflicts of Spamhaus and nic.ru, Agave , masterhost, naunet and the masses of other providers. There was also a case when they faded almost the whole of Latvia with the words “well, this is a small country”.
The general essence of the problem is the following: if a spammer, hacker or phisher suddenly turns out to be among your customers, all the IP addresses of your network get blacklisted very soon, and since some customers don’t like it, they start to move out of you quickly. And to pull out their subnets from the blacklist CX is extremely difficult and almost impossible. Thus, innocent clients suffer from the actions of the spamhouse.
What we plan to do:
Having read the law on communications and the rules for the provision of services, which was later confirmed to us by Roskomnadzor, no Spamhaus letters can be the reason for the termination of the provision of services.
The reason for termination of services, i.e. termination of the contract, can only be the termination of the license, and blocking in the Russian Federation can only be carried out in accordance with the registry of domain names and sites containing prohibited information (the same blacklist list, 139-).
I quote from the response letter of Roskomnadzor:
a communications operator providing services for the provision of access to the Internet information and telecommunications network is obliged to restrict and renew access to information distributed through the Internet information and telecommunications network in the manner established by Federal Law No. 149-FZ of July 27, 2006 “On Information, Information Technologies and Information Protection”
Thus, with the exception of entering the site into the Register on the basis of the Law on Information, a court decision or the specifics of an agreement with a subscriber (user) of telematic communication services, there are other reasons for restricting access to a site (network) (including upon the request of Spamhaus "), The carrier is not available.
If the telecom operator improperly restricts access to the site (network) to the subscriber (user) of the telematic services, the operator’s actions will contain signs of breach of contract with the subscriber.
In accordance with paragraphs. "In" Part 2 of Art. 10 Federal Law No. 294- dated December 26, 2008 “On the Protection of the Rights of Legal Entities and Individual Entrepreneurs in the Implementation of State Control (Supervision) and Municipal Control” appeal of a citizen whose rights are violated (including the facts of violation by the communications operator of an agreement the provision of telematic communication services), is the basis for an unscheduled inspection.
If the telecom operator improperly restricts access to the site (network) to another telecom operator under the contract of interconnection and interaction of telecommunication networks, the operator’s actions will contain signs of violation of the contract of interconnection.
In accordance with paragraphs. 2 h. 5 Art. 27 of the Federal Law of 07.07.2003 No. 126-FZ “On Telecommunications”, admission to the state supervision authority of appeals and applications of citizens, including individual entrepreneurs, legal entities, information from state authorities, local self-government bodies, from the media about violations of the integrity, stability of operation and security of the unified telecommunication network of the Russian Federation, may be grounds for conducting an unscheduled inspection.
If the facts of unlawful restriction of access to sites (networks) are established during a routine or unscheduled inspection conducted by the Federal Service for Supervision in the Field of Communications, Information Technologies and Mass Communications or its territorial bodies, these actions of the operator can be qualified as a violation legislation on communications, namely Federal Law dated 07.07.2003 No. 126-FZ "On Communications", the Rules for the provision of telematic communication services, approved by the Decree of the Government of the Russian Federation of 10.09. 2007 No. 575 (in case of violations within the framework of the contract for the provision of communication services), of the Rules for interconnection of telecommunication networks and their interaction, approved by Decree of the Government of the Russian Federation dated March 28, 2005 No. 161 (in case of violations under the contract of interconnection and interaction of telecommunication networks) and licensed conditions for the implementation of telematic communication services (part XVI of the List of names of communication services entered in licenses and lists of licensing conditions approved by the Government Decree of the Syan Federation of February 18, 2008 No. 23).
In the event that the above violations are detected, as a result of the inspection, orders may be issued for the elimination of the violations found and warned that the license is suspended.
In addition, the implementation of business activities in violation of the conditions provided for by a special permit (license) constitutes an administrative offense under Part 3 of Art. 14.1 of the Code of Administrative Offenses of the Russian Federation.
Protection of rights violated as a result of improper performance of the contract can also be carried out in a court of law. In accordance with Part 1 of Art. 11 of the Civil Code of the Russian Federation (part one) of 11/30/1994 No. 51-, the defense of violated or disputed civil rights is exercised in accordance with the jurisdiction of cases established by procedural legislation, a court, arbitration court or arbitration court.
Thus, we are now preparing documents for Roskomnadzor to carry out inspections in relation to higher-level operators who systematically commit such unlawful outages. Maybe sooner or later we will go to court.
And I very much want this campaign in our future to make the operators in Russia think and that no one else will give in to the blackmail of Spamhaus.
If you have suffered from the actions of this organization or believes that your rights have been violated, then publish the complaint text, the ILF response, and simply useful information:
1) complaint template to ROSKOMDDAZOR
2) the official response of ROSKOMNADZOR
3) forum of Russian hosting providers - discussion of legal issues and spam house
4) FAQ, as well as a lot of different information on this subject
Source: https://habr.com/ru/post/171223/
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