How will execute the law banning Tor, VPN and anonymizers in Russia
As you know, on July 30, 2017, President Putin signed a law prohibiting the country from using technologies to access blocked sites, that is, anonymizers and VPNs ( Federal Law No. 276-FZ of July 29, 2017 “On Amendments to the Federal Law“ On Information information technology and information security “ ). The draft law was introduced in early June by deputies of three parliamentary factions: Maxim Kudryavtsev (UR), Nikolai Ryzhak (CP) and Alexander Yushchenko (CPRF). Adopted by the State Duma on July 21 and approved by the Federation Council on July 25.
Initially it was assumed that the anonymizers, Tor and VPN services would be monitored by the FSB and the Ministry of Internal Affairs. But now it seems that the main work will be performed by Roskomnadzor.
Roskomnadzor has published several draft orders on how the agency will monitor the implementation of the ban. At the moment there is a public discussion of projects.
One of the documents is the order “On Approval of the Control Procedure for Restricting Access to Information and Telecommunication Networks, Information Resources, through which access to information resources, information and telecommunication networks, access to which is restricted on the territory of the Russian Federation” (the text of the order ).
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According to the document, the checks are carried out by Roskomnadzor employees “at the location of the control body without interaction with the owners of the software and hardware access facilities”. The basis for verification is information from citizens. Not only citizens act as informants, but also “organizations, state bodies”. Information about the work of prohibited services will also be drawn from articles in the media and other publicly available sources.
As a result of the check, an employee of Roskomnadzor should establish the fact of connecting to a prohibited page on the Internet. Upon completion of the inspection, an act is drawn up with a memorandum and an application in the form of copies of prohibited web pages.
Then, within two working days, the act and a memorandum are sent to the deputy head of the Federal Service for Supervision in the Sphere of Communications. He decides to restrict access to the owner of the software and hardware access.
The decision to restrict access is made within two business days.
In addition, one more order has recently been published: “Procedure for Controlling the Termination in the Territory of the Russian Federation of the Search Engines Issuing by Operators Distributing on the Internet” Advertising, which is aimed at attracting the attention of consumers in the Russian Federation about information resources, information Telecommunication Systems network, access to which is limited to the territory of the Russian Federation "( the order of the text ) that the content is 80% identical with the text of the first decree, only in well GOVERNMENTAL places are replaced by the words "search engine operators."
As a result of the check, the employee must establish:
a) the fact that operators of search engines issue information on information resources, information and telecommunication networks, access to which is restricted on the territory of the Russian Federation;
b) the fact of connecting the search engine operator to the information system.
Upon completion of the check, an act is also drawn up with copies of the prohibited pages. In this case, it is not entirely clear how an employee of Roskomnadzor is going to get copies of the forbidden pages, if he checks only the search results. Perhaps this is a simple mistake because of the copy-paste text of the orders, and it will be corrected in the final version of the document.
Administrative responsibility of search engines establishes the bill â„–195449-7 , which amends the Administrative Code, it has not yet been passed by the State Duma. He also introduces fines for owners of VPN and similar illegal (in Russia) services.
In addition to the two aforementioned orders, to implement the requirements of 276-FZ for public discussion, draft orders “On approval of requirements for technological, software, linguistic, legal and organizational means of ensuring the use of the federal state information system of information resources, information and telecommunication networks, access to which is limited "( the order of the text ) and" On the order of connectivity and access to the owner of information and telecommunication networks, information resources, through which access is provided to information resources, information and telecommunication networks, access to which is restricted on the territory of the Russian Federation in accordance with the Federal Law “On Information, Information Technologies and Protection of Information”, search engine operators distributing »An advertisement which is aimed at attracting the attention of consumers located in the territory of the Russian Federation to the federal state information system containing list of information resources, information and telecommunication networks, access to which is restricted on the territory of the Russian Federation in accordance with the Federal Law "On Information, Information Technologies and on Information Protection" and to the information contained in it, the mode of processing and using such information "( text order ).
Another document on cooperation between Roskomnadzor and the FSB was developed by the Ministry of Communications and Mass Media. This is a draft decree of the Government of the Russian Federation “On the Procedure for Interaction of the Federal Service for Supervision in the Sphere of Communications, Mass Communications and Information Technologies with federal executive authorities carrying out operational investigative activities or ensuring the security of the Russian Federation in order to obtain information on software and hardware access to information resources, information and telecommunication networks, access to which is restricted ”(the text of the resolution ).
In general, the state machine for generating bylaws earned to its fullest.
Recall now there is a public discussion of all these draft orders and draft government decree. Leave your comments and comments on the above links in the section "Your suggestions".
Initially it was assumed that the anonymizers, Tor and VPN services would be monitored by the FSB and the Ministry of Internal Affairs. But now it seems that the main work will be performed by Roskomnadzor.
Roskomnadzor has published several draft orders on how the agency will monitor the implementation of the ban. At the moment there is a public discussion of projects.
One of the documents is the order “On Approval of the Control Procedure for Restricting Access to Information and Telecommunication Networks, Information Resources, through which access to information resources, information and telecommunication networks, access to which is restricted on the territory of the Russian Federation” (the text of the order ).
')
According to the document, the checks are carried out by Roskomnadzor employees “at the location of the control body without interaction with the owners of the software and hardware access facilities”. The basis for verification is information from citizens. Not only citizens act as informants, but also “organizations, state bodies”. Information about the work of prohibited services will also be drawn from articles in the media and other publicly available sources.
As a result of the check, an employee of Roskomnadzor should establish the fact of connecting to a prohibited page on the Internet. Upon completion of the inspection, an act is drawn up with a memorandum and an application in the form of copies of prohibited web pages.
Then, within two working days, the act and a memorandum are sent to the deputy head of the Federal Service for Supervision in the Sphere of Communications. He decides to restrict access to the owner of the software and hardware access.
The decision to restrict access is made within two business days.
In addition, one more order has recently been published: “Procedure for Controlling the Termination in the Territory of the Russian Federation of the Search Engines Issuing by Operators Distributing on the Internet” Advertising, which is aimed at attracting the attention of consumers in the Russian Federation about information resources, information Telecommunication Systems network, access to which is limited to the territory of the Russian Federation "( the order of the text ) that the content is 80% identical with the text of the first decree, only in well GOVERNMENTAL places are replaced by the words "search engine operators."
As a result of the check, the employee must establish:
a) the fact that operators of search engines issue information on information resources, information and telecommunication networks, access to which is restricted on the territory of the Russian Federation;
b) the fact of connecting the search engine operator to the information system.
Upon completion of the check, an act is also drawn up with copies of the prohibited pages. In this case, it is not entirely clear how an employee of Roskomnadzor is going to get copies of the forbidden pages, if he checks only the search results. Perhaps this is a simple mistake because of the copy-paste text of the orders, and it will be corrected in the final version of the document.
Administrative responsibility of search engines establishes the bill â„–195449-7 , which amends the Administrative Code, it has not yet been passed by the State Duma. He also introduces fines for owners of VPN and similar illegal (in Russia) services.
In addition to the two aforementioned orders, to implement the requirements of 276-FZ for public discussion, draft orders “On approval of requirements for technological, software, linguistic, legal and organizational means of ensuring the use of the federal state information system of information resources, information and telecommunication networks, access to which is limited "( the order of the text ) and" On the order of connectivity and access to the owner of information and telecommunication networks, information resources, through which access is provided to information resources, information and telecommunication networks, access to which is restricted on the territory of the Russian Federation in accordance with the Federal Law “On Information, Information Technologies and Protection of Information”, search engine operators distributing »An advertisement which is aimed at attracting the attention of consumers located in the territory of the Russian Federation to the federal state information system containing list of information resources, information and telecommunication networks, access to which is restricted on the territory of the Russian Federation in accordance with the Federal Law "On Information, Information Technologies and on Information Protection" and to the information contained in it, the mode of processing and using such information "( text order ).
Another document on cooperation between Roskomnadzor and the FSB was developed by the Ministry of Communications and Mass Media. This is a draft decree of the Government of the Russian Federation “On the Procedure for Interaction of the Federal Service for Supervision in the Sphere of Communications, Mass Communications and Information Technologies with federal executive authorities carrying out operational investigative activities or ensuring the security of the Russian Federation in order to obtain information on software and hardware access to information resources, information and telecommunication networks, access to which is restricted ”(the text of the resolution ).
In general, the state machine for generating bylaws earned to its fullest.
Recall now there is a public discussion of all these draft orders and draft government decree. Leave your comments and comments on the above links in the section "Your suggestions".
Source: https://habr.com/ru/post/357420/
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