The Yarovaya Law has been adopted, but what next? The President of the Russian Federation signed the anti-terrorist “spring package”

On July 1, the so-called “Yarovaya law” came into force in Russia. According to this law, all providers must store user correspondence and calls on their servers for six months. Such measures are justified by the fight against terrorism. Subscribers call this the beginning of total surveillance and are looking for ways around it, but operators say that so far they themselves do not have the ability to comply with the requirements of the law.

The Yarovaya Package has become one of the most high-profile and discussed bills in Russia over the past three years. Back in 2016, when the document was signed by the president, users of social networks were afraid that now for any wrong word in correspondence or telephone conversation.

Mobile operators were no less indignant. They need a gigantic sum to implement the law. It later turned out that the costs would be covered. At the same time, in 2016, providers warned that due to the “Yarovaya package” tariffs. On July 1, 2018, the law came into force.

What providers must do according to the Yarovaya Law

According to the law, from July 1, 2018, mobile operators and providers must begin storing correspondence, calls and, in general, all content sent by subscribers for six months, and from October 1 - users’ Internet traffic. Five days before the law comes into force in the government, the same obligation falls on online services (for example, mail and instant messengers). Operators are required to transfer the forwarded content to law enforcement agencies upon request.

As Karen Kazaryan, chief analyst of the Russian Association of Electronic Communications (RAEC), told Vedomosti, the requirement of the law will require huge costs even from the largest Russian Internet services, not to mention small projects. VimpelCom director Vasil Latsanich also said the same thing.

All large operators will be able to find funds and somehow comply with the law within a reasonable time frame, although this will be painful for budgets and shareholders. But I have great doubts that small ones, especially fixed-line operators, will be able to do this. There are hundreds of them in the country. Most of their traffic comes from torrents and videos, and storing, processing, and providing access to all of this is a task that is both technically and economically unsolvable for them.

Providers and manufacturers of specialized equipment previously warned that they would not be able to prepare for the implementation of the law on time.

Why operators cannot yet comply with the “Yarovaya Law”

On July 3, Rossvyaz confirmed to Kommersant that operators and providers currently do not have the ability to legally store user content. There is simply no certified equipment for this.

At the moment, the certification system in the field of communications does not have certificates of conformity for technical means of accumulating voice information for operational investigative activities.

At the same time, the Ministry of Telecom and Mass Communications previously warned operators that they would face administrative liability for using uncertified equipment. Although on June 15, 2018, the head of the ministry, Konstantin Noskov, said that “companies falling under the Yarovaya Law are already actively complying with the requirements.”

Representatives of mobile operators also confirmed that they currently do not have certified equipment. The fact is that only one organization has the right to accredit equipment in Russia, but it does not have the right to issue certificates. Several organizations plan to issue them, but will be ready for this in the second or third quarter of 2018, explained the testing center for certification and metrology of the Central Research Institute of Communications.

Operators will not store data on uncertified equipment if they are of sound mind and solid memory. Equipment costs money. If you buy something uncertified, it may not meet the requirements,” said a representative of the operator Interregional TransitTelecom (MTT).

In 2018, due to new laws regarding the Internet, as well as blocking of sites and instant messengers, users had to unwittingly increase their Internet literacy and learn to use bypass tools. At the same time, on June 27, the president signed a law on fines for owners of VPN services and anonymizers. The fines are considerable, but for ordinary people for using proxies and VPNs.

After Russian subscribers urgently needed services to bypass blocking, everyone who cared began to create them, including the owners of Telegram channels, and even PornHub.

On July 20, the main provisions of the package of anti-terrorism bills, or, as the media dubbed it after one of the authors, will come into force.

In the Criminal Code, among the crimes against the peace and security of mankind, a new crime has appeared - “international terrorism”: this is the commission of an explosion, arson or other actions outside the territory of Russia that endanger the life, health, freedom or integrity of citizens of the Russian Federation in order to violate peaceful coexistence states and peoples, or directed against the interests of the Russian Federation, as well as the threat of committing these actions. This will result in imprisonment from 10 to 20 years or life imprisonment.

The lower criminal "bar" under the article "terrorist attack" rises from 8 to 10 years and from 10 to 12 years if the crime was committed by a group of persons or resulted in the death of a person.

Also, life imprisonment - or 15 to 20 years in prison - can be imposed for financing international terrorism if people died as a result of the crimes.

Public calls for terrorism or its public justification on the Internet will be punishable by a fine of up to 1 million rubles or imprisonment for a term of 5 to 7 years, and participation in a terrorist organization will be punishable by prison terms of 10 to 20 years.

The law introduced a new article of the Criminal Code, which spells out sanctions for failure to report the preparation or commission of terrorist crimes. This will be punishable by a fine of up to 100 thousand rubles, or forced labor for up to 1 year, or imprisonment for the same period. In this case, the citizen will not be held liable for failure to report the preparation or commission of a crime by his spouse or close relative.

The Criminal Code also toughens penalties for organizing or participating in an illegal armed group, and lowers the age limit for intentional terrorism to 14 years.

A separate block of amendments defines the concept of “missionary activity” and prohibits it from being carried out on behalf of religious associations whose goals are contrary to the law.

However, the most controversial component of the amendments also came into force on July 20 on the storage of information about the receipt, transmission, delivery and processing of voice information and text messages, images, sounds and videos. The storage period for such data is 3 years for operators, and 1 year for Internet companies. All this information will need to be provided at the request of the intelligence services.

The Yarovaya package also introduces an obligation for Internet companies to disclose message encryption keys when using additional encryption. Businesses do not yet have a clear understanding of how to comply with the new law. The President of Russia, having signed the anti-terrorism package, also instructed the government and the FSB to work on the issue of minimizing possible risks associated with the implementation of the package.

According to the Yarovaya Law, telecom operators, starting October 1, 2018, are required to store all subscriber traffic for 30 days. The majority of operators surveyed by ComNews declare their readiness to comply with the requirements of the legislation that came into force today. However, experts argue that certified equipment is still missing, and operators are forced, at their own peril and risk, to install unlicensed technical information storage devices (TSNI) and use them without commissioning.

On October 1, another requirement of the Yarovaya Law came into force. Starting today, telecom operators must store all subscribers’ Internet traffic (images, sound and video recordings and other user messages transmitted via the Internet) for 30 days.

Let us recall that the requirement that has entered into force is contained in a package of anti-terrorism laws (the so-called “Yarovaya package”), initiated by deputy Irina Yarovaya and senator Viktor Ozerov. "Yarovaya Package" provides for storage by telecom operators of text messages, voice information, as well as Internet traffic. In July 2016, the President of the Russian Federation supported the initiative and signed the corresponding law.

The requirements under the Yarovaya Law were introduced in two stages. From July 1, 2018, telecom operators began storing voice information and text messages of subscribers for six months, and from October 1, 2018, users’ Internet traffic for 30 days.

Russian Government Decree No. 445 dated April 12, 2018 clarifies the rules for storing Internet traffic. The telecom operator must store data on the territory of the Russian Federation in its technical means of storing information. At the same time, it is permitted, if it is not possible to store data at home, to use the resources of another telecom operator with prior approval from the Federal Security Service (FSB).

Moreover, the capacity of technical means of storing information should increase annually by 15% for five years from the moment the technical means are put into operation. In addition to storing data, the telecom operator must ensure the protection of technical equipment from unauthorized access. Let us add that technical means of storing information are considered to be put into operation from the date the commissioning act is signed by representatives of the operator, the FSB and Roskomnadzor. Requirements for technical means of information storage are established by the Ministry of Digital Development, Communications and Mass Communications (formerly the Ministry of Telecom and Mass Communications) in agreement with the FSB.

A ComNews correspondent asked operators about their readiness to comply with the requirements of the legislation that came into force today.

PJSC MegaFon conducted a pilot project in Nizhny Novgorod to implement a complex for collecting, storing and processing data created by the companies of the Citadel Group of Companies and developed on the basis of the hardware solution of National Technologies LLC. “We are already purchasing and installing the necessary equipment,” added the MegaFon press service.

Net By Net Holding LLC (NetByNet, a 100% subsidiary of MegaFon) reported that in order to optimally implement the requirements of the Yarovaya Law, a set of solutions is now being developed, including the purchase of equipment and SORM hardware and software ( System of technical means to ensure the functions of operational investigative measures - approx. ComNews).

PJSC VimpelCom (Beeline brand) has begun to implement the requirements established by the Government of the Russian Federation and the Ministry of Digital Development, Communications and Mass Communications. "The configuration of the storage system, its territorial distribution, the procedure for implementing the equipment into the current operator infrastructure are determined, the approximate volume and procedure for financing the activities are calculated. The list of equipment manufacturers as a whole has been formed. Equipment suppliers will be determined within the framework of competitive procedures. We interact with all market participants, having expertise in this area. We consider it unnecessary to name a specific supplier before the finalization of the project. The timing and sequence of commissioning of equipment is clarified with the responsible government authorities,” said the VimpelCom press service.

PJSC Rostelecom reports compliance with the requirements of the law. “The company is testing various equipment for data storage. Rostelecom is designing data storage systems necessary to comply with the requirements of the law, and also organizing additional channel capacities for transmitting traffic,” said company representative Andrey Polyakov.

T2 Mobile LLC (Tele2) reported that it operates within the framework of the law and fulfills all established requirements. “We are working on a joint project with Rostelecom to store traffic according to the Yarovaya Law using the company’s data centers,” the Tele2 press service reported.

Answering a question about the costs of implementing the Yarovaya Law, MegaFon noted that the amounts they had pledged had not changed - over five years, costs could reach 40 billion rubles. VimpelCom also remained at the same figures – 45 billion rubles. within five years. Tele2 did not name a specific budget for the implementation of the Yarovaya Law, but they are counting on tens of billions of rubles in the next 2-3 years. Earlier, PJSC Mobile TeleSystems (MTS) reported that it plans to allocate about 60 billion rubles for these purposes within 5 years.

Other large operators surveyed by ComNews: MTS, JSC TransTeleCom Company, JSC ER-Telecom Holding, JSC Comcor (Akado Telecom), JSC MaximaTelecom refrained from commenting.

Mango Telecom LLC also declared its readiness to comply with all requirements of the law. “From the moment these requirements began to be formalized in detail, the company has a separately budgeted program, the purpose of which is to provide everything necessary,” said Andrey Kozlovsky, head of the marketing department of Mango Telecom. “Additional costs are relatively small, since the technological infrastructure of Mango Telecom “In principle, it is planned prospectively, with a margin for growth of 30 percent or more per year. That is, the active increase in resources for us is a planned process, there are no force majeures.”

The operator Almatel (Digital One LLC) reported that it is moving within the framework provided by law and regulatory authorities.

The provider MCN Telecom (MSN Telecom LLC) announced its readiness to comply with the next requirement of the Yarovaya Law, which came into force on October 1, 2018. The costs of implementing the norms of the Yarovaya Law will amount to about 200 million rubles for the operator, which is comparable to annual revenue of a group of companies in Russia. MCN Telecom owns a Tier 2+ reliability data center, where the operator plans to store user traffic. Its capacity is sufficient for the operator's needs.

At the same time, MCN Telecom emphasizes that issues related to the storage and processing of Internet traffic have not been fully resolved. “To date, the requirements for the used technical means of storing information have not been clearly described,” the company notes. With these requirements in place, the operator will be able to purchase equipment.

MCN Telecom also reports that the issue of SORM outsourcing has not been resolved. “Today, one legal entity, which is a telecommunications operator, cannot store data in the data center of another legal entity in compliance with the Yarovaya Law,” the company says.

According to the general director of the legal and consulting company OrderCom, Dmitry Galushko, even the largest operators - Rostelecom, MTS, MegaFon and VimpelCom - are not ready to comply with the requirements of the Yarovaya Law for storing traffic. “They have test zones, but not a single operator has put into operation technical means of storing information (TSNI) (as mentioned above, according to the government decree of April 12, 2018, from October 1, 2018, it is necessary to store traffic for 30 days from the date of commissioning of technical means of information storage – approx. ComNews)". Dmitry Galushko clarifies that only certified TSNI can be put into operation.

According to Dmitry Galushko, certified TSNI may appear only in 2020. Thus, it turns out that operators’ statements about their readiness to implement the “Yarovaya Law” mean that in fact they, at their own peril and risk, install uncertified equipment and will store the Internet on it -traffic.

Dmitry Galushko reminds that in accordance with Article 13.6 of the Code of Administrative Offenses of the Russian Federation, the use of uncertified means of communication may be punishable by their confiscation and/or a fine of 60-300 thousand rubles.

President of the Association of Regional Telecom Operators (AROS) Yuri Dombrovsky also takes the position that operators are not ready to comply with this law. “It’s hard to be prepared to meet demands that are really impossible,” he notes.

General Director of the non-profit organization "Association of Telephone Operators" (AOTS) Sergei Efimov believes that with the entry into force of traffic storage requirements, other problems remain. “There is no formed and logically linked regulatory environment for design calculations, purchase of equipment, commissioning and regulations for the operation of the system itself,” he says.

According to the AOTS representative, the deadlines for operators should have been set in relation to the availability of certified equipment and the solution of economic issues related to its implementation. According to all three experts interviewed by ComNews, certified technical means of storing information under the Yarovaya Law are simply not available.

"Equipment for the implementation of ("Yarovaya Law" - approx. ComNews) not licensed. Technical requirements for such equipment have not been published. The general instructions in the package of “Yarovaya laws” are not applicable to implementation by technical services,” lists Sergei Efimov. In addition, according to him, there is no clarity who forms and approves the technical requirements for licensing. “At first the FSB and the Ministry of Telecom and Mass Communications were indicated (in the government decree RF dated April 12, 2018 – approx. ComNews). Then Interfax reported that the Ministry of Industry and Trade and the Ministry of Telecom and Mass Communications had prepared a project with requirements for equipment that would store data under the Yarovaya Law. Who should carry out the certification?” the expert asks.

According to Sergei Efimov, equipment for storing Internet traffic for a month will cost a small operator with a thousand subscribers approximately 300-400 thousand rubles. Moreover, with the receipt of equipment certification in security structures, this cost can double or even triple. The procedure for putting this equipment into operation is still unclear, and this process of commissioning and accepting SORM may cost another 300-400 thousand rubles. A small operator is forced to pay on its own for the rental of channels through which it transmits traffic to intelligence agencies. Since there is no prescribed clear scheme of interaction during commissioning between the operator and the bodies directly carrying out the SORM, there may be a strong misunderstanding of the technical and economic capabilities of the telecom operator and the requirements on the part of the SORM authorities. Such uncertainty, according to Sergei Efimov, is a very harmful thing for the reality of solving the assigned tasks in terms of deadlines and completeness of execution. It can serve as a fertile environment for gray schemes and corruption.

Dmitry Galushko notes that the cost of implementing 30-day storage for an operator with traffic on UpLink 10 Gbit/s and SORM information systems databases about subscribers, services provided and payments will be 14.2 million rubles. “This is an example of an operator with five thousand subscribers. For him, such amounts will lead to ruin,” explains Dmitry Galushko.

Yuri Dombrovsky echoes Sergei Efimov and Dmitry Galushko that small operators are in a significantly worse position than large ones. “This is due to the economics of scale: making your own storage facilities is much more expensive. But turning to large ones: they will take a considerable margin for this. Thus, “Yarovaya’s law violates fair competition, puts small operators in worse conditions than large ones,” believes Yuri Dombrovsky .

If such traffic is stored with “large operators,” then the economic meaning of the operator’s activity itself may disappear, Sergei Efimov is convinced. “One gets the impression that the purpose of these laws is to eliminate competition, to leave a dozen operators in the service market for the appearance of demonopolization and competition,” he adds.

It should be noted that there appears to be an understanding of the unreality of the deadlines established by the Yarovaya Law in the FSB units, adds Sergei Efimov. “For operators working in the Central Federal District, the FSB proposes to develop and coordinate real plans for commissioning systems for recording and storing information, taking into account the emergence of certified equipment,” he explains. “It would be useful if the FSB, at least through Roskomnadzor, now brings information from operators and approved technical requirements, since small and medium-sized operators will be faced with the task of owning their own equipment rather than renting it from other operators.”

Summarizing, Sergey Efimov notes that competent technical specialists doubt the ability of the relevant services to “digest” the resulting volume of information. “There are serious reasons to believe that the funds spent on the implementation of the Yarovaya Law will be spent ineffectively (or rather, simply thrown away). In this form, it is simply a profanation of the work, but there should be a full understanding of the unity of goals and objectives among all participants in the process, law makers, law enforcement officers, equipment manufacturers, certification bodies and operators,” concluded Sergei Efimov.

Operators have found a way to partially recoup the costs of implementing the “Yarovaya Law”

At the beginning of September 2018, it became known about the intentions of federal operators to partially compensate for the costs of implementing the Yarovaya Law. Telecommunications companies are planning to outsource their excess data storage capacity to regional players.

Ministry of Economic Development: Mail.ru Group and Yandex will spend 9 billion rubles to implement the “Yarovaya Law”

List of storage system manufacturers to comply with the Yarovaya Law

In July 2018, a list of Russian manufacturers of data storage systems (DSS), prepared by the Ministry of Industry and Trade, was published, whose products can be used by telecom operators to comply with the Yarovaya Law. The document was received in response to an appeal to the department by the head of the consulting company Ordercom, Dmitry Galushko.

By July 20, 2018, domestic storage systems manufacturers for the implementation of the Yarovaya Law by telecom operators are as follows:

• Yadro (part of the National Computer Corporation, NCC);
• MCST (developer of the Elbrus processor);
• National Technologies (controlled by Rostec).

Telecoms are forced to purchase equipment from Cisco, HPE and Huawei to comply with the Yarovaya Law

Russian operators are forced to purchase foreign equipment in order to comply with the requirements of the Yarovaya Law. The Reuters news agency reported this on July 5, 2018, citing sources in the telecommunications market.

A package of anti-terrorism amendments to the legislation of Irina Yarovaya and Viktor Ozerov, which oblige telecom operators and Internet companies to store text messages, voice information, images, sounds, videos of users for up to six months, came into force on July 1, 2018. However, cellular companies did not have time to prepare to implement the law, because, in their opinion, the deadlines were too limited and there was a lack of suitable Russian equipment on the market. In this regard, operators have to purchase equipment produced by Cisco, Hewlett Packard Enterprise (HPE), Huawei and other foreign manufacturers, Reuters interlocutors say.

The Yarovaya Law forced Russian telecom operators to seek help abroad

Such measures do not correspond to the intentions of Russian President Vladimir Putin, who previously ordered the creation of domestic equipment production to implement the Yarovaya law, the news agency notes.

The publication also states that the total costs of the Big Three operators for network modernization in connection with the Yarovaya Law will amount to about 145 billion rubles until 2023.

Several Russian companies have received permission from the FSB to supply hardware and software systems that collect and store text messages and telephone call records. However, in most cases, such systems use foreign equipment, the agency’s interlocutors state. One of the managers of a Russian telecom operator admitted that Russia is not able to produce data storage equipment in the required quantity.

Starting from July 1, 2018, operators will be required to store recordings of telephone conversations, any messages, images, videos and other user data. To meet this requirement, companies must increase their storage capacity by 15% annually over the next five years. In April it was established that telephone call records and messages must be kept for six months, and messages sent over the Internet for 30 days.

The procedure for storing data according to the Yarovaya Law has been approved. Users' Internet traffic will be stored for 30 days, not six months

Amendments to the Law “On Communications” for telecom operators providing long-distance, international, intrazonal and local telephone services, as well as mobile radiotelephone and satellite communications, as previously planned, will come into force on July 1, 2018. From this date, the information storage period should be 6 months - during this period, operators will be required to retain data in full from the moment of its receipt, transmission, delivery or processing, the document says.

In turn, the start date for storing messages was postponed by the Government to October 2018. Thus, according to the resolution, operators providing telematic communication services and (or) communication services for data transmission (including via e-mail), from July 1 are obliged to ensure the storage of telecommunication messages in zero volume, and from October 1 - in full . The capacity of technical means of storing information for this purpose is established by the document equal to the volume of telecommunication messages sent and received by the operator’s users in 30 days. The resolution also provides for an annual increase in the capacity of technical means of storage by 15% for 5 years.

At the same time, the Government Decree does not in any way describe the rules for organizers of information dissemination - social networks and instant messengers. By law, they must also begin storing all user data in July 2018.

The adopted document makes telecom operators responsible for ensuring the protection of stored information from unauthorized access in compliance with the requirements of the Ministry of Telecom and Mass Communications.

Deletion of correspondence and recordings of conversations of Russians should occur automatically after 6 months from the moment of their receipt, transmission, delivery or processing.

The text of Government Resolution No. 445 can be found.

2017

Yakhont-374-Voice - the first hardware solution

European regulations only allow selective storage of user data and only at the request of intelligence agencies. The Yarovaya Law, in turn, obliges providers and mobile operators to store all data, including foreigners.

For violating the new regulations, Russian companies face a fine of up to 20 million euros or up to 4 percent of annual global revenue (according to Vedomosti estimates, this is about 45 billion rubles for the Big Four operators).

“As soon as the proposal to introduce a special payment is sent to the Ministry of Telecom and Mass Communications, we will consider it. In general, there is such a practice, for example, contributions to the universal services fund. As an industry initiative, and if it is supported by other federal authorities, it sounds quite reasonable,” said Alexander Ponkin, head of the department for regulation of radio frequencies and communication networks of the Ministry of Telecom and Mass Communications, in response to a question from RBC.

Russian electronics manufacturers are asking the Ministry of Industry and Trade for subsidies for the creation of computer technology and telecom equipment

Enterprises that are part of the Rostec state corporation require the most funds. So, he asks for 4.8 billion rubles. for the implementation of seven projects. Among the major ones are the development of modular base station platforms for software-defined networks (SDN) and professional radio communications of the LTE standard in emergency situations. Research Institute "Scale" asks the state for 881.2 million rubles. for the production of equipment for telecom operators, authorities and corporate clients. Several applications in the amount of 428.2 million rubles. submitted by Bulat, a joint venture of Rostec and Rostelecom, funds will be needed, among other things, for the development of a multiservice router (10 Gbit/s). Another 64.8 million rubles. "Bulat" needs to create the hardware of the data storage system (DSS). Research Center for Electronic Computer Technology (also part of Rostec) needs 400 million rubles. for the production of chips for a network switch (200 Gbit/s).

The obligation to hand over decryption keys is one of the requirements of the package of anti-terrorism amendments - the so-called “Yarovaya Law”, obliging telecom operators and Internet companies to store the content of user calls and correspondence for up to six months.

Transition of authorities to the use of Russian cryptographic algorithms and encryption tools

On July 16, 2016, the President’s order to the head of government was published on the Kremlin website on the need to prepare the transition of government bodies to the use of Russian cryptographic algorithms and encryption tools by December 1, 2017. In particular, the government must ensure the development and implementation of a set of measures necessary for a phased transition to the use of Russian cryptographic algorithms and encryption tools, as well as provide for free access for citizens of the Russian Federation to the use of Russian encryption tools.

The published document will entail certain steps to bring the IT infrastructures of government agencies into compliance with the stated requirements. In particular, mass installations of domestic cryptographic information protection tools (CIPF) in addition to existing solutions are expected in government agencies.

Nikiforov told Putin that storage systems are not produced in Russia to fulfill the presidential order

N. Nikiforov: Dear Vladimir Vladimirovich!

Indeed, the process of adopting the law was such that some of the proposed amendments reflected in the Government’s response were 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, submitted to the Government and submitted to the autumn session of the State Duma. But we do not share the position of those who today make various emotional assessments without understanding the issue, because, firstly, the most resonant norm, which concerns issues of storing user data, is dated back to 2018, so we do not see any risks of price increases in 2016.

Secondly, in pursuance of your instructions, relevant instructions were immediately given to the Government. The interested departments are working on all the detailed issues of law enforcement; the order will be determined: who should store what, how much time is required to implement anti-terrorism measures. From here the corresponding requirements for equipment and telecom operators will follow, and only then will it be possible to give certain assessments.

In addition, the instructions provide for data storage using Russian equipment and Russian software. Colleagues from the Ministry of Industry and Trade also support these proposals. Together with the telecommunications industry, we are preparing the relevant technical specifications and together we will work on these proposals. If, I repeat once again, certain clarifications are required from the point of view of the enforcement of specific norms, we will prepare these amendments and introduce them at the autumn session.

I will add that today our country can be proud of one of the lowest levels of communication prices in the world due to high competition in the industry, and we intend to maintain and maintain this leadership.

V.Putin: Okay, but how are you going to implement the instructions that I spoke about?

N. Nikiforov: The instructions concern detail and enforcement issues. That is, the law is one thing, the issue is the by-laws.

V.Putin: And how practically do you propose to implement all this, these instructions?

N. Nikiforov: First of all, the specific volume of data storage is being worked out, what and how should be collected and stored; second, what to store it on. Here we are relying on the domestic industry, and based on this, the optimal option will be developed.

V.Putin: Does our industry produce appropriate equipment?

N. Nikiforov: In most cases, not yet, but together with colleagues from the Ministry of Industry and Trade, we are developing technical specifications in order to maximally compare the needs of the industry in connection with the adoption of this bill and the capabilities of specific companies. Here we are in full contact with our colleagues.

V.Putin: This needs to be done quickly, you need to load your enterprises, especially a good guaranteed order.

N. Nikiforov: Will be done.

V.Putin: Thank you.

There really are no Russian analogues to the lines of heavy storage systems and servers yet, confirms Ivan Rubtsov, deputy general director for work with key customers at Croc. The prospect of their appearance, according to the expert, is unlikely in the next few years.

Since the technical conditions for storage are not defined by law, it is difficult to say which manufacturers could apply for participation in projects within the framework of this law. It feels like these will be key manufacturers of hardware systems (HPE Vladimir Putin signed a law that could cause a sharp increase in demand for equipment and software for data storage, as well as an order to work out the release of such products in Russia

In particular, from July 1, 2018, Internet companies (“organizers of information dissemination on the Internet”, in the terms of the law) will be required to store on the territory of the Russian Federation for “up to six months from the end of their reception, transmission, delivery and (or ) processing":

• user text messages,
• voice information,
• Images,
• sounds,
• video-,
• other electronic messages

At the same time, the law notes that the procedure, terms and volume of information storage must be established by the government of the Russian Federation.

Internet companies will have to store information about the receipt, transmission, delivery and (or) processing of voice information, written text, images, sounds, video or other electronic messages from users, as well as information about these users for one year from the date of termination carrying out such actions.

Another legal requirement for Internet companies is their obligation to provide information to law enforcement agencies. If the information is stored in encrypted form, the Internet company, upon request of the authorities, must provide the key to decrypt it.

From July 1, 2018, telecom operators will also be required to store on the territory of the Russian Federation for up to six months

• voice information,
• text messages,
• Images,
• sounds,
• video-
• or other messages from users of communication services

Information about the facts of reception, transmission, delivery and (or) processing will need to be stored for three years from the date of completion of such actions.

The procedure, terms and volume of storage, as in the case of Internet companies, will be determined by the government for operators.

The law also introduced the obligation of telecom operators to provide the listed information to law enforcement agencies.

The Kremlin statement said that law enforcement agencies will be able to inspect and seize electronic communications by court order.

The signed law was developed by deputy Irina Yarovaya and senator Viktor Ozerov. On June 24, 2016, it was adopted by the State Duma, and on June 29, it was approved by the Federation Council.

Instructions on the use of domestic software and equipment for storing information

Simultaneously with the signing of the so-called "Yarovaya Law" On July 7, 2016, the President gave a number of instructions relating, in particular, to the use of domestic software and equipment for data storage. The following is the full text of the instructions.

List of instructions on certain government regulation measures in the field of countering terrorism and ensuring public safety

1. The Government of the Russian Federation, with the participation of the FSB of Russia, prepare drafts of the necessary regulatory legal acts aimed at minimizing possible risks associated with the application of the provisions of the Federal Law “On Amendments to the Federal Law “On Combating Terrorism” and certain legislative acts of the Russian Federation regarding the establishment of additional measures to counter terrorism and ensure public safety" (hereinafter referred to as the Federal Law), paying special attention to:

clarification of the stages of application of standards that require significant financial resources and modernization of technical equipment of business entities subject to the Federal Law, taking into account the need to use domestic equipment;

clarification of the powers of the Government of the Russian Federation and federal executive authorities in connection with the application of the provisions of the Federal Law;

application of the norms of the Federal Law on liability for the use of uncertified coding (encryption) means on communication networks and (or) when transmitting messages on the Internet information and telecommunications network;

development and maintenance by the authorized body in the field of security of the Russian Federation of a register of organizers of information dissemination on the Internet, providing, at the request of authorized agencies, the information necessary for decoding received, transmitted, delivered and (or) processed electronic messages in the event of their additional encoding;

application of the provisions of the Federal Law on termination of the provision of communication services in the event of failure to confirm the compliance of the personal data of actual users of communication services with the information specified in subscriber contracts.

Responsible: Medvedev D.A., Bortnikov A.V.

2. The Ministry of Industry and Trade of Russia, together with the Ministry of Telecom and Mass Communications of Russia, will conduct an analysis and submit proposals regarding the possibility, timing and volume of financial costs in order to organize the production of domestic equipment and the creation of domestic software necessary for storing and processing voice information, written text, images, sounds, video - or other electronic messages from Internet users and information about these users, indicating specific production sites in the Russian Federation.

Responsible: Manturov D.V., Nikiforov N.A.

3. The FSB of Russia shall approve the procedure for certification of encoding (encryption) means when transmitting messages on the information and telecommunications network the Internet, defining a list of means subject to certification, as well as the procedure for transferring encryption keys to the authorized body in the field of security of the Russian Federation.

Responsible: Bortnikov A.V.

Telecom operators' response

Due to the adoption of an “anti-terrorism” package of bills, which will oblige operators to store the contents of calls and correspondence of subscribers, prices for communications may increase “at least two to three times,” Tele2 calculated

Irina Yarovaya “On storing user data and disclosing encryption keys,” which states that providers and Internet companies are required to store user correspondence and disclose the keys to decrypt it to the authorities.

There have long been bad news on the Internet about the consequences of the adoption of the “anti-terrorism package”: shutdown of services, players from the market, increased prices for services, privacy, and so on.

And here’s what Russia’s largest telecom operators think about this.

Megaphone

The Russian communications industry is facing stagnation, since all the money, instead of developing new technologies, will be spent on recording and storing telephone conversations, videos viewed on the Internet by every citizen and all other files, texts and documents sent by individuals and legal entities.

– Pyotr Lidov-Petrovsky, PR Director at MegaFon

The company is confident that the cost of maintaining the appropriate equipment will amount to several trillion rubles, so prices for communication services will increase by two or even three times. Tele2 adheres to the same position.

Tele2

We still believe that if the law is adopted (the last stage remains), then operators will incur such expenses that prices for cellular communications for absolutely all subscribers may increase at least two to three times. These costs will in any case exceed our large-scale investment program for the construction and expansion of cellular networks, and this will lead to a slowdown or even stop the development of the entire cellular infrastructure in the country.

– Head of Tele2 Communications Department Konstantin Prokshin

According to Senator Viktor Ozerov, co-author of the bill, if mobile operators prove the increase in tariffs that awaits us after the adoption of the law, the Federation Council will return to the law and make changes. In addition, he admitted that he had never heard of such a mobile operator as Tele2.

MTS

Considering that our tax profit at the end of 2015 amounted to 22.5 billion rubles, and the profit tax - 4.5 billion rubles, with such expenses we will not be able to pay profit tax for about 100 years, and the budget will receive a shortfall of 450 billion rubles.

– MTS representative Dmitry Solodovnikov

Solodovnikov believes that because of the bill, the state treasury will be replenished less and not only telecommunications companies, but also the state itself will suffer from it. Considering the financial losses, this certainly won’t help get through the next crisis.

Beeline

It is already obvious that the adoption of the bill could lead to a slowdown in the pace of network development and a significant increase in tariffs for communication services... The expenses of each operator will amount to at least 200 billion rubles. And this is just the first stage.

– representative of VimpelCom

The company will also not be able to pay income tax if the “Yarovaya package” is adopted. The costs of companies will increase several times, which will cause an increase in tariff prices.

What ultimately awaits the average user?

In fact, everything is quite simple. Storing not only information about user activities, but also their data for six months will lead to huge financial costs, which, in turn, will affect the wallet of the common man. Prices for communication services in the country will increase. In addition, this law will put any user or subscriber in an uncomfortable position - he will forever be suspected of any offense.

All calls, SMS, correspondence, including instant messengers, will be recorded and saved, and also provided to special services upon the first request.

UPD: The creator of the bill, Irina Yarovaya, gave an official response to the claims of cellular operators:

There is no reason to increase the price of communication services. This is unequivocal, categorical and unambiguous. Definitely, because the information that the law establishes requirements for a certain volume is unreliable.

She is confident that operators have no reason to claim that prices for their services are increasing. In order to consider this appeal, she needs facts.