Adoption of the “Yarovoy-Ozerov package”. Effects
What has already happened in connection with the adoption of the amendments, and what else should or can happen?
On July 7, President Vladimir Putin signed the Yarovoy-Ozerov amendment package . There are quite a lot of amendments, including amendments to the Law on Communication. The fact that the package of new laws obliges telecoms operators to store user metadata for up to three years and traffic for up to six months, all or almost all have heard. In addition, it is known that the infrastructure for recording conversations, electronic messages and other data will be paid by operators.
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These are obvious consequences of adopting this package of laws. But there are also consequences that are just beginning to manifest themselves, and about which few have heard. The fact is that only one increase in communication tariffs, due to which operators will compensate for their costs, all this will not do. What is already known about the law and what remains to be learned?
The rate of storage of metadata and user traffic may vary. The draft law states the following: “The procedure, timing and amount of storage of the information specified in this sub-paragraph shall be established by the Government of the Russian Federation”. Now they say that telecom operators will have to store metadata (the fact of connection of communication lines and related data) for three years, and user traffic (text messages, voice information, images, sounds, video, and other electronic messages) for six months. In fact, all these periods may vary - both upwards and downwards.
“It can be 12 hours, it can be 24 hours. The law does not regulate this issue at all, the law establishes only the powers of the government to determine it, while we limit the government in its expression of will, ”Irina Yarovaya comments on the situation.
If the Government of the Russian Federation will not change anything, from July 1, 2018, operators will have to act on the above plan.
Operators of the Russian Federation from the “Big Three” considered that if the data retention periods specified in the law will not change, then the data volume will have to be kept very large. According to various estimates, this is from 5 to 8.6 million TB of data. However, some companies already offer a voice compression system that will help reduce the amount of stored information by a factor of 9. This system was developed by domestic experts.
Photo: Interfax
Users and metadata traffic will have to be stored not only by mobile operators, but by almost all domestic telecommunication companies. Mail.ru Group estimates its costs for building additional infrastructure at $ 1.2– $ 2 billion. Other major telecommunications companies have comparable cost estimates.
Mobile operators say that for them the cost of creating user storage systems is comparable to revenues for several years of work. Operators plan to reimburse their costs at the expense of users. Namely - to raise tariffs for communication.
So far, telecom operators do not provide accurate estimates, but there is an opinion that communication tariffs will rise in price by 2-3 times. The increase in prices is a direct result of the huge costs of creating a new infrastructure for storing data.
“At this stage it is difficult to predict the volume of growth, but it is obvious that costs can only be offset by the cost of communication services, other sources simply do not exist. Moreover, even if we operate with figures called Viktor Ozerov (42 billion rubles for the Moscow region for four telecom operators), even according to such “modest” calculations, the costs for the whole country for all operators will exceed 1 trillion. rubles. This cannot but affect the cost of communication services, ”said representatives of MegaFon.
The head of the Ministry of Communications and Mass Media, Nikolay Nikiforov, argues that communication services will rise in price no less than four times. True, at a meeting of the president with members of the government on July 14, he made the opposite statement, saying that he did not see the threat of price increases for the services of cellular operators due to the adoption of amendments.
“The process of adopting the law was such that part of the proposed amendments reflected in the feedback from the government was taken into account. Some questions from the point of view of law enforcement remained open. If additional amendments to the relevant law are required, they will be prepared by the government and submitted to the autumn session of the State Duma, ”he said.
Nikiforov explained that operators will be obliged to store user data from 2018. Up to this point there are no risks.
On July 12, the Private Internet Access VPN provider announced that its presence in Russia was terminated due to the adoption of the laws mentioned above.
“The Russian government passed a new law that prescribes that each provider must register all Russian Internet traffic and store this information for up to a year ... As soon as we heard about the incident, we immediately closed our Russian gateways and will no longer deal in in this region, ”the provider said.
There is an opinion that after the adoption of the amendments, almost any person can be fined for using the messenger, which implements encryption technology. The fact is that current legislation requires certification programs. For work with non-certified programs, the user can receive a fine in the amount of from 3 to 5 thousand rubles. The amendments of Yarovaya-Ozerov added changes to Article 13.6 of the Code of Administrative Offenses.
These changes can lead to the fact that any policeman can impose a penalty for working with encrypted messengers. And he will be entitled to confiscate a smartphone. It is clear that not all developers will certify instant messengers.
At the same time, there is also an opinion that while no one can select a smartphone for using non-certified applications. At least for now.
“When we study the amendments in detail, it becomes clear that everything is not so simple. The fine is registered for non-certified equipment, and in the list already available, mobile phones and smartphones are not listed. And applications too, since they are not equipment. That is, the police will not be able to withdraw your phone and fine the policeman. But if you, say, have installed a non-certified router at home, then you can be fined for this. However, I would not be so relaxed about applications. It is rather a concern for the future. It is enough for the government to add “mobile phones” to the above list. And then the danger of getting a fine for the messengers will definitely appear, ”says Mikhail Salkin, a lawyer, founder of the regional public organization Moscow Human Rights Center.
Experts of the National Association of Distance Trade have calculated that the expenses of Russian companies delivering packages and letters may amount to 180 billion rubles. The fact is that the amendments concern not only data storage. From July 1, 2018, postal service operators will be required to use various equipment to exclude the possibility of sending weapons, explosives and other substances and objects prohibited from sending.
If this equipment needs to be put into each of the 42,000 branches of the Post of Russia, then only this company's expenses for the purchase of such equipment will amount to 500 billion rubles. Another 100 billion will have to be spent annually on the operation of the new infrastructure and the remuneration of the personnel serving it.
There is a way out that will allow to reduce costs somewhat - in this case, parcels and letters will be received in the open form, which will allow checking the contents on the spot. Similar equipment will have to be bought by other companies that have a license to provide postal services. All this can double the cost of parcel delivery.
As logistics becomes more expensive, it may happen that the delivery of certain goods from online stores will cost more than the goods themselves.
SPSR representatives believe that the number of online purchases will not decrease. The fact is that before many operators have taken measures against the transfer of prohibited items. And the costs of enforcing new laws do not look capital-intensive. Plus, the state, according to Dmitry Manannikov, director of security for SPSR Express, does not require installing equipment to inspect items at each point.
Representatives of Euroset believe that the new laws will still affect the cost of delivery upwards.
If a company uses its own logistics infrastructure, the cost of shipping packages should not increase significantly - representatives of Ozon.ru, KupiVIP and some other online stores agree with this.
But Leonid Dovladbegyan, the first deputy general director of the 220 Volt online store, argues that the increase in the cost of delivery will have an impact on the assortment of online stores and on their turnover. In his opinion, such cross-border operators as AliExpress, eBay, LeEco will suffer. These companies may have an outflow of customers from Russia, who will be able to buy goods cheaper in a retail store.
According to the Deputy Minister of Economic Development Oleg Fomichev, equipment in the right quantity to create a data storage infrastructure for domestic users is not available anywhere else - either in Russia or abroad. “The issue with equipment is much more complicated [than with software], because, as far as we have seen evaluations, when this issue was discussed, there is no such class of equipment even in such quantity abroad anywhere today,” the official said .
A similar opinion was expressed by Nikolai Nikiforov, head of the Ministry of Communications and Mass Media. The minister said that in most cases the Russian industry still does not produce the right equipment. To this, the President of the Russian Federation responded that it was necessary to promptly prepare the production of such equipment. And for this you need to “upload your businesses, especially since this is a good, guaranteed order.”
It is already known that the list of companies that can perform the task of storing a huge amount of data will be made up by the “Internet + Sovereignty” subgroup of the working group of the presidential administration, chaired by his assistant Igor Schegolev. Ilya Massuh, the head of this subgroup, believes that in Russia there are manufacturers of the necessary equipment: these are Kraftway, Aquarius, the National Computer Corporation, T-platforms, the state corporation Rostec. Massuh said that the choice of equipment manufacturers will be open.
Ilya Massuh also noted that since operators must keep subscribers' traffic, equipment licensing is not required. According to him, the creation of a storage system that can accommodate the necessary amount of information (but without video) will cost several tens of billions of rubles.
Senator Ozerov, one of the co-authors of the package of amendments in question, said that if the task was to replace imported equipment for storing correspondence, conversations and content, Rostec would be sent, then this task “will certainly be solved.”
According to telecom operators, domestic operators can create a single traffic storage system. But now the implementation of this plan is hampered by domestic legislation. The fact is that personal data of subscribers is prohibited to transfer to third parties.
At the same time, Minister of Communications and Mass Communications Nikolai Nikiforov during the All-Russian Youth Educational Forum "Territory of Meanings on Klyazma" announced that no state order was provided for the development of equipment for storing data in accordance with the antiterrorism package of laws. "Not. We do not have state operators, ”the minister said. He also supported the idea of developing data storage equipment by several domestic companies.
Nikiforov said that first the operators, together with the department, should develop a technical task. Then, companies that submit equipment samples “better and cheaper” will be able to win the relevant tenders. “But this is not a state order. This is a question of the operators themselves, how they will execute the law, ”the minister stressed .
Some domestic companies are adapting their solutions to new realities. Thus, the company Spirit, which specializes in the development and licensing of software engines for voice and video transmission over IP networks, offers a new speech codec. This codec, according to company management, allows you to record in 2 MB of memory for almost 2 hours of speech.
“For codecs designed for storing multimedia data (in particular, speech), there is no need to keep a small algorithmic delay, important for two-way communication in real time, which allows improving the quality of decoded speech by more efficient signal processing,” explain the company's specialists.
Another company, Radiks, offers software-defined storage systems that are not tied to specific hardware and are compatible with standard servers. The head of the company says that this solution allows "an order of magnitude" to reduce the cost of storing large data.
Probably, other domestic companies will soon offer their services in developing equipment and software necessary for the implementation of the Yarovaya-Ozerova law.
You can finish this material with the words of the head of the Ministry of Communications. He says that amendments to the “Spring package” may be made to the State Duma in the fall. As far as can be judged, no special changes should be expected. “Some questions from the point of view of law enforcement remained open. If additional amendments are required, they will be prepared, submitted to the government and presented to the State Duma for the autumn session. But we do not share the position of those who today give various emotional assessments without understanding the question, ”the minister said . Now the majority of state bodies have really ceased to give “various emotional evaluations” to changes in legislation, and have begun to actively work on the implementation of these amendments.
What consequences of adopting amendments did the author not mention in this article? If something is missing, write about it in the comments, the essential points will be added.
On July 7, President Vladimir Putin signed the Yarovoy-Ozerov amendment package . There are quite a lot of amendments, including amendments to the Law on Communication. The fact that the package of new laws obliges telecoms operators to store user metadata for up to three years and traffic for up to six months, all or almost all have heard. In addition, it is known that the infrastructure for recording conversations, electronic messages and other data will be paid by operators.
')
These are obvious consequences of adopting this package of laws. But there are also consequences that are just beginning to manifest themselves, and about which few have heard. The fact is that only one increase in communication tariffs, due to which operators will compensate for their costs, all this will not do. What is already known about the law and what remains to be learned?
The retention period is determined by the Government of the Russian Federation.
The rate of storage of metadata and user traffic may vary. The draft law states the following: “The procedure, timing and amount of storage of the information specified in this sub-paragraph shall be established by the Government of the Russian Federation”. Now they say that telecom operators will have to store metadata (the fact of connection of communication lines and related data) for three years, and user traffic (text messages, voice information, images, sounds, video, and other electronic messages) for six months. In fact, all these periods may vary - both upwards and downwards.
“It can be 12 hours, it can be 24 hours. The law does not regulate this issue at all, the law establishes only the powers of the government to determine it, while we limit the government in its expression of will, ”Irina Yarovaya comments on the situation.
If the Government of the Russian Federation will not change anything, from July 1, 2018, operators will have to act on the above plan.
The amount of stored data is huge
Operators of the Russian Federation from the “Big Three” considered that if the data retention periods specified in the law will not change, then the data volume will have to be kept very large. According to various estimates, this is from 5 to 8.6 million TB of data. However, some companies already offer a voice compression system that will help reduce the amount of stored information by a factor of 9. This system was developed by domestic experts.
The cost of storage infrastructure exceeds operator revenues.
Photo: Interfax
Users and metadata traffic will have to be stored not only by mobile operators, but by almost all domestic telecommunication companies. Mail.ru Group estimates its costs for building additional infrastructure at $ 1.2– $ 2 billion. Other major telecommunications companies have comparable cost estimates.
Mobile operators say that for them the cost of creating user storage systems is comparable to revenues for several years of work. Operators plan to reimburse their costs at the expense of users. Namely - to raise tariffs for communication.
Communication tariffs will increase several times
So far, telecom operators do not provide accurate estimates, but there is an opinion that communication tariffs will rise in price by 2-3 times. The increase in prices is a direct result of the huge costs of creating a new infrastructure for storing data.
“At this stage it is difficult to predict the volume of growth, but it is obvious that costs can only be offset by the cost of communication services, other sources simply do not exist. Moreover, even if we operate with figures called Viktor Ozerov (42 billion rubles for the Moscow region for four telecom operators), even according to such “modest” calculations, the costs for the whole country for all operators will exceed 1 trillion. rubles. This cannot but affect the cost of communication services, ”said representatives of MegaFon.
The head of the Ministry of Communications and Mass Media, Nikolay Nikiforov, argues that communication services will rise in price no less than four times. True, at a meeting of the president with members of the government on July 14, he made the opposite statement, saying that he did not see the threat of price increases for the services of cellular operators due to the adoption of amendments.
“The process of adopting the law was such that part of the proposed amendments reflected in the feedback from the government was taken into account. Some questions from the point of view of law enforcement remained open. If additional amendments to the relevant law are required, they will be prepared by the government and submitted to the autumn session of the State Duma, ”he said.
Nikiforov explained that operators will be obliged to store user data from 2018. Up to this point there are no risks.
Telecommunication companies are already beginning to leave Russia
On July 12, the Private Internet Access VPN provider announced that its presence in Russia was terminated due to the adoption of the laws mentioned above.
“The Russian government passed a new law that prescribes that each provider must register all Russian Internet traffic and store this information for up to a year ... As soon as we heard about the incident, we immediately closed our Russian gateways and will no longer deal in in this region, ”the provider said.
Subscribers may be fined for using instant messengers with support for encryption technology
There is an opinion that after the adoption of the amendments, almost any person can be fined for using the messenger, which implements encryption technology. The fact is that current legislation requires certification programs. For work with non-certified programs, the user can receive a fine in the amount of from 3 to 5 thousand rubles. The amendments of Yarovaya-Ozerov added changes to Article 13.6 of the Code of Administrative Offenses.
These changes can lead to the fact that any policeman can impose a penalty for working with encrypted messengers. And he will be entitled to confiscate a smartphone. It is clear that not all developers will certify instant messengers.
At the same time, there is also an opinion that while no one can select a smartphone for using non-certified applications. At least for now.
“When we study the amendments in detail, it becomes clear that everything is not so simple. The fine is registered for non-certified equipment, and in the list already available, mobile phones and smartphones are not listed. And applications too, since they are not equipment. That is, the police will not be able to withdraw your phone and fine the policeman. But if you, say, have installed a non-certified router at home, then you can be fined for this. However, I would not be so relaxed about applications. It is rather a concern for the future. It is enough for the government to add “mobile phones” to the above list. And then the danger of getting a fine for the messengers will definitely appear, ”says Mikhail Salkin, a lawyer, founder of the regional public organization Moscow Human Rights Center.
The services of the Post of Russia will rise in price, and the parcels may begin to be taken in the clear
Experts of the National Association of Distance Trade have calculated that the expenses of Russian companies delivering packages and letters may amount to 180 billion rubles. The fact is that the amendments concern not only data storage. From July 1, 2018, postal service operators will be required to use various equipment to exclude the possibility of sending weapons, explosives and other substances and objects prohibited from sending.
If this equipment needs to be put into each of the 42,000 branches of the Post of Russia, then only this company's expenses for the purchase of such equipment will amount to 500 billion rubles. Another 100 billion will have to be spent annually on the operation of the new infrastructure and the remuneration of the personnel serving it.
There is a way out that will allow to reduce costs somewhat - in this case, parcels and letters will be received in the open form, which will allow checking the contents on the spot. Similar equipment will have to be bought by other companies that have a license to provide postal services. All this can double the cost of parcel delivery.
The number of purchases in online stores may be reduced by 30-40%
As logistics becomes more expensive, it may happen that the delivery of certain goods from online stores will cost more than the goods themselves.
SPSR representatives believe that the number of online purchases will not decrease. The fact is that before many operators have taken measures against the transfer of prohibited items. And the costs of enforcing new laws do not look capital-intensive. Plus, the state, according to Dmitry Manannikov, director of security for SPSR Express, does not require installing equipment to inspect items at each point.
Representatives of Euroset believe that the new laws will still affect the cost of delivery upwards.
If a company uses its own logistics infrastructure, the cost of shipping packages should not increase significantly - representatives of Ozon.ru, KupiVIP and some other online stores agree with this.
But Leonid Dovladbegyan, the first deputy general director of the 220 Volt online store, argues that the increase in the cost of delivery will have an impact on the assortment of online stores and on their turnover. In his opinion, such cross-border operators as AliExpress, eBay, LeEco will suffer. These companies may have an outflow of customers from Russia, who will be able to buy goods cheaper in a retail store.
There is no equipment for creating infrastructure for storing data of the required scale, either in Russia or abroad.
According to the Deputy Minister of Economic Development Oleg Fomichev, equipment in the right quantity to create a data storage infrastructure for domestic users is not available anywhere else - either in Russia or abroad. “The issue with equipment is much more complicated [than with software], because, as far as we have seen evaluations, when this issue was discussed, there is no such class of equipment even in such quantity abroad anywhere today,” the official said .
A similar opinion was expressed by Nikolai Nikiforov, head of the Ministry of Communications and Mass Media. The minister said that in most cases the Russian industry still does not produce the right equipment. To this, the President of the Russian Federation responded that it was necessary to promptly prepare the production of such equipment. And for this you need to “upload your businesses, especially since this is a good, guaranteed order.”
It is already known that the list of companies that can perform the task of storing a huge amount of data will be made up by the “Internet + Sovereignty” subgroup of the working group of the presidential administration, chaired by his assistant Igor Schegolev. Ilya Massuh, the head of this subgroup, believes that in Russia there are manufacturers of the necessary equipment: these are Kraftway, Aquarius, the National Computer Corporation, T-platforms, the state corporation Rostec. Massuh said that the choice of equipment manufacturers will be open.
Ilya Massuh also noted that since operators must keep subscribers' traffic, equipment licensing is not required. According to him, the creation of a storage system that can accommodate the necessary amount of information (but without video) will cost several tens of billions of rubles.
Senator Ozerov, one of the co-authors of the package of amendments in question, said that if the task was to replace imported equipment for storing correspondence, conversations and content, Rostec would be sent, then this task “will certainly be solved.”
According to telecom operators, domestic operators can create a single traffic storage system. But now the implementation of this plan is hampered by domestic legislation. The fact is that personal data of subscribers is prohibited to transfer to third parties.
At the same time, Minister of Communications and Mass Communications Nikolai Nikiforov during the All-Russian Youth Educational Forum "Territory of Meanings on Klyazma" announced that no state order was provided for the development of equipment for storing data in accordance with the antiterrorism package of laws. "Not. We do not have state operators, ”the minister said. He also supported the idea of developing data storage equipment by several domestic companies.
Nikiforov said that first the operators, together with the department, should develop a technical task. Then, companies that submit equipment samples “better and cheaper” will be able to win the relevant tenders. “But this is not a state order. This is a question of the operators themselves, how they will execute the law, ”the minister stressed .
Russian developers are already advertising their decisions under the "law of Spring"
Some domestic companies are adapting their solutions to new realities. Thus, the company Spirit, which specializes in the development and licensing of software engines for voice and video transmission over IP networks, offers a new speech codec. This codec, according to company management, allows you to record in 2 MB of memory for almost 2 hours of speech.
“For codecs designed for storing multimedia data (in particular, speech), there is no need to keep a small algorithmic delay, important for two-way communication in real time, which allows improving the quality of decoded speech by more efficient signal processing,” explain the company's specialists.
Another company, Radiks, offers software-defined storage systems that are not tied to specific hardware and are compatible with standard servers. The head of the company says that this solution allows "an order of magnitude" to reduce the cost of storing large data.
Probably, other domestic companies will soon offer their services in developing equipment and software necessary for the implementation of the Yarovaya-Ozerova law.
You can finish this material with the words of the head of the Ministry of Communications. He says that amendments to the “Spring package” may be made to the State Duma in the fall. As far as can be judged, no special changes should be expected. “Some questions from the point of view of law enforcement remained open. If additional amendments are required, they will be prepared, submitted to the government and presented to the State Duma for the autumn session. But we do not share the position of those who today give various emotional assessments without understanding the question, ”the minister said . Now the majority of state bodies have really ceased to give “various emotional evaluations” to changes in legislation, and have begun to actively work on the implementation of these amendments.
What consequences of adopting amendments did the author not mention in this article? If something is missing, write about it in the comments, the essential points will be added.
Source: https://habr.com/ru/post/396021/
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