Considering that people are confused in the discussions on the Telegram, they have branded “stupid laws” and refer to nonexistent norms and practices, tried to structure the information.
1. The so-called "Law of Spring", in relation to this case, obliged Internet companies to provide information about users as well as their reports to state authorities conducting operational investigative activities or ensuring the security of the Russian Federation. And if the information is encoded, then provide the FSB with the data necessary for decoding.
http://www.consultant.ru/cons/cgi/online.cgi ...
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2. This did not mean that the law obliged all companies to immediately and massively provide the FSB with all their keys to everything. In the law itself, the procedure for providing such information was not stated at all. It was specified in a document entitled “The procedure for submission ... to the Federal Security Service ...” - well, and so on, the long title. From which it followed that the data for decoding should be provided at the corresponding request of the FSB.
https://cdnimg.rg.ru/pril/130/25/09/43217.pdf
3. Agora, an international human rights organization representing Telegram Messenger LLP, posted on its website the documents on the Telegram case:
http://agora.legal/…/Opublikovany-vse-dokumenty-po-delu…/639
4. From the documents it follows that as part of the investigation into the terrorist attack on the St. Petersburg metro (April 3, 2017, 16 dead, 103 injured), the FSB requested Durov to provide information to decipher the negotiations of the six suspects in the attack.
http://agora.legal/…/a_delo…/54_file_Telegram_FSB_120717.pdf
5. The secret of correspondence in Russia is guaranteed by the Constitution. The main law states: Everyone has the right to confidentiality of correspondence, telephone conversations, postal, telegraph and other communications. The restriction of this right is allowed only on the basis of a court decision.
If you look at the request of the FSB to P. Durov, it is clear that the FSB has tentatively bothered to obtain judicial sanctions to restrict the right to privacy of correspondence regarding suspects.
6. According to information from open sources, Pavel Durov ignored the request of the FSB sent to him as part of the investigation of the terrorist attack in St. Petersburg.
7. In September 2017, the FSB politely informed Durov that he was committing an administrative offense, in accordance with the “Spring Law”:
http://agora.legal/…/a_delo…/55_file_Telegram_FSB_140917.pdf
8. In October 2017, the magistrate ruled in connection with an administrative offense - failure to provide the FSB with information about the 6 suspects of the terrorist act - to fine Telegrams for 800 thousand rubles:
http://agora.legal/…/42_file_1_Telegram_Postanovlenie_16101…
Representatives Telegraf, despite the fact that they were duly notified, did not appear at the court.
9. On March 20, 2018, Roskomnadzor notified the Telegram of the need to comply with the law in terms of the need to provide the FSS with the requested data. The notification ended with these words: “In accordance with Part 1 of Art. 15.4 of Law No. 149-FZ, the above obligations must be fulfilled within 15 days of receipt of this notice. ”
http://rkn.gov.ru/news/rsoc/news55932.htm
10. On April 13, 2018, the Tagansky Court of Moscow issued a decision on the appeal of Roskomnadzor, which requested that Telegrams be blocked on the territory of Russia _ until it fulfills the legitimate demands of the FSB_. That is, the transcript of the negotiations of the 6 suspects of the terrorist act in the St. Petersburg metro.
http://agora.legal/…/a_delo2d…/68_file_Delo_02-1779_2018.pdf
Source: https://habr.com/ru/post/358002/
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