Law "Spring" On amendments to the Criminal Code and the Code of Criminal Procedure of the Russian Federation in terms of establishing additional measures to counter terrorism

Main article: Censorship (control) on the Internet. Experience of Russia

2023

Carriers must now store traffic for three years

On September 1, 2023, new rules for monitoring the activities of owners of technological networks came into force, according to which telecom operators must now store traffic for three years. The first deputy chairman of the State Duma IT committee, Alexander Yushchenko, said that telecommunications companies are ready to fulfill the requirements. To do this, servers with large capacities are built to store the required amount of data. These are text and voice messages, videos and films, sound, visual and other electronic files sent by subscribers, he said.

According to Yushchenko, representatives of the Ministry of Digital Development met with participants and checked new large data centers before proposing amendments to the law.

New rules for monitoring the activities of owners of technological networks came into force

We saw with our own eyes that a good service center is being built that can store a huge amount of information, the politician said.

It is noted that the changes will affect primarily companies that provide hosting services. In turn, Internet users fear an increase in the price of accommodation and site maintenance due to an increase in the number of servers. At the same time, they agree that the system contributes to the fight against terrorism, as it will allow tracking the connections of the discovered object, writes Parlamentskaya Gazeta.

This is a bill stating that operators of technological communication networks should store signal information about the very fact of transmission, and it is provided only during operational-search measures, "said Dmitry Kim, Deputy Minister of Digital Development, Communications and Mass Media of the Russian Federation, during the discussion of this bill in the State Duma. - The main large technological communication networks are currently built at information distribution operators. At the moment, they are already fulfilling more stringent requirements of legislation in the field of information and communication, that is, they store information not only about the fact of the message transmission itself, but also the message itself. They have already incurred the main costs, and they are already fulfilling the requirements of the law, therefore, in principle, we consider 90 days to be a sufficient period.[1]

In Russia, adopted a law on working fines for telecom operators for the non-establishment of SORM

On May 23, 2023, the State Duma of the Russian Federation adopted in the third (final) reading a bill that introduces negotiable fines for telecom operators for refusing to install a system of operational-search measures (SORM) on their networks. Such decisions help to investigate crimes and prevent terrorist attacks. The equipment should be installed on the networks of each telecom operator, but small operators save and evade the introduction of SORM, the authors of the initiative note. Read more here.

2022

The Ministry of Digital Development has developed requirements for action plans for the introduction of equipment within the framework of the Spring Law

In September 2022, the Ministry of Digital Development of the Russian Federation presented standard requirements for an action plan for the implementation of operational-search measures (SORM) systems. The corresponding document is posted on the portal on the preparation of regulatory legal acts and the results of their discussion. Read more here.

Ministry of Digital Development proposed to suspend the implementation of the "Spring Law" and postpone scheduled inspections of telecom operators

The Ministry of Digital Development of Russia has prepared a list of priority measures to ensure the uninterrupted and sustainable functioning of the telecom industry and has already begun its phased implementation. This was announced on July 6, 2022 to TAdviser by representatives of the press service of the department.

As specified in the Ministry of Digital Development, the list was prepared, among other things, on the basis of industry proposals. In particular, we are talking about the suspension for a year of the norm of the "law" Yarovoy on increasing the volume of traffic storage. More. here

Internetoperators in the regions have learned to bypass the "Spring Law." They create consumer internet cooperatives

In June 2022, it became known that Internetoperators in the regions learned to bypass the requirements of the "Spring Law," as well as the law "On Communications." They create consumer Internet cooperatives (PIK) that are not required to obtain a license, install operational search measures (SORM) systems and store subscriber traffic.

According to Vedomosti, cooperatives provide Internet access services by buying traffic from large telecom operators. Formally, such PIKs carry out non-profit activities, explains Dmitry Galushko, general director of the Orderkom law firm: all contributions from subscriber members go to PIK spending, including the purchase of Internet traffic from large operators, service, etc.

Internetoperators in the regions have learned to bypass the "Spring Law"

According to the publication, referring to the SPARK-Interfax system, in 2020-2021 at least four consumer Internet cooperatives were created in Russia:

• "Mercury" (registered in Anapa);
• "Expert Committee" (Belgorod);
• "Internet Buyer" (Moscow);
• "Kootv" (Petersburg).

The founder of the PIK PZh-19 working in Taganrog , Mikhail Mayorov, told the newspaper that the cooperative movement is the self-organization of citizens. In the regions, PIK can provide its members with a more convenient service than federal operators: it quickly solves problems with Internet connection, the source added. According to the Taganrog PIK website, the PZh-19 serves 55,000 subscribers. At first, the company worked as an ordinary telecom operator, but since 2017 it has transformed into PIK, Mayorov explained.

The Ministry of Digital Development said that all legal entities and individual entrepreneurs who provide paid communication services must have a license in the field of communication services. In case of its absence, the department believes that PIKi provides communication services under gray schemes, which is an illegal activity.^[2]

The Ministry of Digital Development of Russia has developed measures to support Russian telecom operators

On March 4, 2022, it became known that the Russian Ministry of Digital Development had developed measures to support Russian telecom operators against the background of the situation around Ukraine. First of all, they are waiting for the weakening of the requirements of the "Spring Law" also known as the "Spring Package."

The updated measures to support telecom operators are referred to in a letter from the head of the Ministry of Digital Development Maksuta Shadaeva to the Prime Minister. Mikhail Mishustin In it, Shadayev proposes, in particular, to suspend for exactly one year the requirement of the "Spring package" for an annual 15 percent increase in user capacities by telecom operators storages. data Also, the Minister of Communications proposes to suspend the requirement to store video traffic of users for a year.

The representative of the Ministry of Digital Development confirmed the fact of preparing these measures to support operators.

The Ministry of Digital Development has developed a package of measures to support the telecom industry to help operators contain the rise in prices for their services. It is necessary to find a balance for the formation of a fair tariff policy. Recall that the cost of Russian communication services is still one of the lowest in the whole world, - said Deputy Head of the Ministry of Digital Development Dmitry Kim.

In early March 2022, the Ministry of Digital Development prepared a package of support for the IT industry. It aims to retain IT specialists in Russia, including by exempting them from service in the ranks of the Russian armed forces. By the way, Ministry of Digital Development in November 2021 planned to optimize the "Spring Law."

In his letter, Maksut Shadayev outlined several ideas for supporting telecom operators. These include the possibility of "fair indexation" of operator tariffs "taking into account the rise in consumer prices."

As practice shows, operators regularly increase the cost of their services. However, the Federal Antimonopoly Service of Russia does not always approve of this.

As of March 2022, the Federal Antimonopoly Service considers operators to be collective monopolists, and if someone alone raises prices, the department considers his actions as a monopolist and prevents price increases, said an unnamed source close to the Ministry of Digital Development.

Together with the above, Maksut Shadayev also proposed to introduce in the country "a moratorium on the execution of additional encumbrances for frequency owners for mobile communications in the LTE (4G) standard." This includes the need to cover roads and small settlements with communication networks.

In other words, if this proposal is adopted, the quality of mobile communications along Russian roads will not improve in the near future, and in small villages it may not appear at all.

However, it should be clarified that the Minister of Communications proposed to introduce this moratorium "until the situation with the supply of equipment normalizes." Russia does not have its own mass-produced base stations. Communication networks are based, for the most part, on hardware the Finnish Nokia and, the Swedish Ericsson but both of these companies suspended their business in Russia in early March 2022.

Until additional support measures are taken, telecom operators are obliged to comply with the order of the State Commission on Radio Frequencies of August 2021. It requires telecom operators to cover 70% of federal highways in Russia with a communication network no later than September 2022, and 75% by September 2023. Also, by September 2022, operators must provide communication to 90% of settlements with more than 1000 inhabitants, and a year later - 95%.

Maksut Shadayev proposed to reduce the income tax to telecom operators to 3% for a period until December 31, 2024 and for the same period to remove the obligation to make contributions to the Universal Service Fund. As of March 2022, operators transfer 1.2% of their revenue to it, and this money goes to eliminate the "digital inequality," that is, to conduct Internet and mobile communications to remote settlements. The process of combating "digital inequality" for this period will not be stopped, but money for it will be allocated from the Russian budget.

The support measures also include "the possibility of operators sharing the infrastructure of the communication network" and the introduction of a moratorium on "transfers, dismantling of communication facilities and structures according to the requirements of state and municipal authorities." All inspections of operators planned for 2022, the head of the Ministry of Digital Development proposed to postpone for a year^[3] the^[4].

2021

Russian business will be obliged to keep internal correspondence for 3 years

Russian business will be obliged to keep internal correspondence for 3 years. This became known on November 2, 2021. The corresponding bill No. 1154099-7, introduced Government of the Russian Federation back in April 2021, was supported by State Dumas the Security and Counteraction Committee. corruption

The bill obliges the owners of business networks to store Russia them for three years. information The corresponding conclusion is published in the legislative support system.

The measure will affect a business that owns technological networks communications with autonomous system (AS) numbers. Usually these are Internetproviders large organizations, such as, "," " RUSSIAN RAILWAY and GazpromYandex others.

They may be required to store information about the facts of internal correspondence, including the facts of receiving, transmitting, delivering and/or processing voice information, text messages, images, sounds, video or other messages.

The conclusion of the document, signed by the head of the profile committee Vasily Piskarev, says that "the State Duma Committee on Security and Anti-Corruption supports the concept of the bill and recommends its adoption in the first reading."

The document obliges to provide these data to the bodies carrying out operational-search activities or ensuring the security of the Russian Federation. The updated norms should come into force 90 days after the official publication of the law^[5] for^[6].

Business criticized new data storage requirements in the "Spring Law"

At the end of June 2021, it became known about the critical position Associations of Computer and Information Technology Enterprises regarding the bill, which extends the requirement of the "package" Yarovoy for three-year storage of traffic (voice content, photos, videos, etc.) to internal communication networks of large companies.

We are talking about technological communication networks used, for example, to manage production, logistics and distributed devices. The largest owners of such networks by the end of June 2021 are Gazprom, Russian Railways, Alrosa, Norilsk Nickel, Lukoil, etc., Karen Kazaryan, general director of the Institute for Internet Research, told Kommersant.

Business against new data storage requirements in the "Spring Law"

From the letter of APKIT to the head of the State Duma Committee on Information Policy, IT and Communications, Alexander Khinshtein, it follows that the adoption of the bill will entail significant additional costs for many IT companies, companies in the digital economy and the real sector engaged in digital transformation. Unlike the real practice of the phased introduction of the "Spring Law," a 90-day entry into force date is established for the new requirement in the project.

According to the executive director of APKIT Nikolai Komlev, it is still difficult to assess the losses that companies with technological communication networks will incur.

The obligation to store internal metadata will force them to purchase a substantial amount of equipment. And at the initial stage alone, these are hundreds of terabytes, "he said.

Director of the Association of Developers and Manufacturers of Electronics Ivan Pokrovsky believes that bringing technological communication networks under the "Yarovaya package" may be associated with an attempt to increase sales of Russian telecommunications equipment, including switches.^[7]

Resolution No. 914 on deferring the fulfillment of the requirements for the annual increase in the volume of stored traffic

On June 21, 2021, it became known that the chairman governments Mikhail Mishustin signed resolution No. 914 on a one-year delay for operators communications and - Internetproviders compliance with the requirements for an annual increase in the volume of stored traffic.

The regulation on the storage of user traffic by telecom operators and Internet providers, including forwarded text messages, images, video and audio, entered into force in 2018. It was assumed that over the next five years, companies will increase the volume of information storage by 15% annually.

The resolution amends the current rules. It suspends the requirement to increase the capacity of traffic storage annually for a year. {{quote 'The deferral begins to take effect from the moment the decree comes into force. Such a decision will reduce the burden on market participants. They will be able to use the released funds to modernize and expand the capacities of communication networks, - said on the website of the government of the Russian Federation. }}

They were constructively evaluated by the government and formed the basis for a number of instructions from the president and the government. ER-Telecom positively perceives these changes, especially taking into account general trends and explosive traffic growth during the period of countering the spread of COVID-19, when communication networks have become the main infrastructure for interaction and communication. Discussions and consultations with authorized state bodies are planned on the intricacies of the application of the provisions, the ER-Telecom press service commented.

We welcome the decision to freeze the increase in storage capacity annually. This initiative was repeatedly discussed at the RSPP site. Together with other operators of the big four, MegaFon requested a postponement to the government and relevant departments as part of the development of measures to support the industry during the pandemic, the MegaFon press service commented.

It will redirect investments to current projects for the development and enhancement of digital infrastructure and communication networks. We will refrain from other comments, - said the press service of Rostelecom.

PJSC MTS"" said that they positively perceive this decision. JSC "Company" Transtelecom also positively assesses the decision to postpone and considers it an effective step to reduce the burden on operators^[8]

MTS spends 50 billion rubles on compliance with the "Spring Law"

At the end of April 2021, a new estimate of MTS on the costs of implementing the "Spring Law" became known - 50 billion rubles. According to his own calculations, the telecommunications operator will spend so much money for the period from the second half of 2018 to the end of the first half of 2023.

In the reporting for 2020, MTS predicted capital expenditures at the level of 100-110 billion rubles at the end of 2021. This includes the effect of realized contracts with derivatives, and the investments necessary to comply with the "Spring Law" (it requires telecom operators and Internet providers to store all information transmitted by users for six months, including "heavy" content).

For the period from the second half of 2018 to the end of the first half of 2023, MTS will spend 50 billion rubles to comply with the "Spring Law"

Initially, MTS expected to spend 60 billion rubles to implement the requirements of the "Spring Law," but then the forecast was reduced to 50 billion rubles. The operator conducted the first tenders and purchases of systems for the implementation of the law. As a result of these procedures and subsequent technical refinements, the cost estimate has decreased. The MTS competition commission chose Norsi-trans as the only supplier of systems for the implementation of the Spring Law.

Earlier, one of the owners of manufacturers of systems for the implementation of the "Spring Law" Anton Cherepennikov said in an interview with Vedomosti that Norsi-trans won the first MTS tenders for the supply of equipment. At the same time, the first tenders of MegaFon and VimpelCom were won by Cherepennikov's Citadel company.

Investments in equipment necessary to comply with the "Spring Law" may result in an increase in the cost of services. In April 2021, the Moscow provider Akado raised tariffs and explained this by an increase in cost. It is assumed that the increase in tariffs is associated with the need to implement the "Spring Law."^[9]

Small telecom operators in the Russian Federation cannot afford the equipment required by the "Spring Law"

In mid-April 2021, it became known that Roskomnadzor warned more than 50 small home Internet providers from the Moscow region about the need to install systems of technical means for operational-search measures (SORM) as part of the implementation of the "Spring Law." However, despite the threats of a fine (up to 200 thousand rubles), operators are in no hurry to introduce such equipment, since they often cannot afford it. Read more here.

The Ministry of Digital Development asked to cancel the impossible requirements of the "Spring Law"

As it became known on April 14, 2021, the Ural Association of Telecom Operators (UralAOS) asked the Ministry of Digital Development of the Russian Federation to cancel the impracticable requirements of the "Spring Law" to preserve user traffic. According to market participants, the law requires revision, and the changes in legislation initiated by it will lead to the bankruptcy of small telecommunications companies.

According to Interfax, in April 2021, a government commission approved a bill obliging owners of technology networks to comply with data storage requirements within the framework of a "sustainable Internet." Earlier, the requirements for the storage of information by telecom operators and information storage organizers were introduced by the Yarovaya package.

UralAOS asked the Ministry of Digital Development to cancel the impossible requirements of the "Spring Law"

Telecom operators are ready to comply with the norms of the Yarovaya package, including partially at their own expense. The relevant community is aware that such complex and expensive measures are necessary to resolve issues of state security, but they cannot be brought to profanation when "raw" and ill-conceived government decisions are absolutely impossible in practice, the letter says.

According to operators, the main beneficiaries of the changes will be suppliers of traffic storage equipment, which "will stand, being unnecessary hardware." At the same time, equipment is purchased in China, which is why a foreign country will earn on the national security of Russia, the UralAOS noted.

The association said that government regulations are impracticable in practice, as 96% of traffic is encrypted and sites use end-to-end encryption protocols. They are convinced that the new requirements will deprive users of safe access to banking services and payment systems.^{[10] [11]}

2020

Rostelecom purchased equipment for the implementation of the Spring Law for 7.8 billion rubles

In early October 2020, Rostelecom purchased equipment for the implementation of the Yarovaya Law for 7.8 billion rubles. The telecommunications operator has concluded 10 contracts, which include the supply of equipment of MFI Soft (part of ICS Holding) and switching equipment and services for the design, development and testing of software (the supplier of these contracts is not disclosed). Read more here.

The government postponed for a year the norm of the "Spring Law" on increasing the volume of traffic storage

As it became known on October 6, 2020, the Government of the Russian Federation postponed for a year the introduction of the norm of the "Spring Law" on the annual expansion of traffic storage capacity by 15%. This is stated in the national plan for the recovery of the Russian economy.

The norm on the storage of "heavy" Internet traffic of users for telecom operators entered on October 1, 2018. The annual increase in the volume of stored information is considered the most costly part of the "Spring Law." This norm was supposed to work in September 2020, the dates were postponed to September 2021, transfers. TASS

Information that the government intends to facilitate traffic storage requirements for the "Spring Law" appeared in mid-April 2020. Then it became known that the Ministry of Digital Development, Communications and Mass Media sent a proposal to the government on measures to support IT and telecom industries. In particular, the department proposed to meet the operators halfway and postpone the entry into force of the most costly norms of the "Spring Law." Support measures were developed due to the COVID-19 pandemic, which had a significant impact on all areas of activity.

The Russian government has postponed for a year the norm of the "Spring Law" on increasing the volume of traffic storage

It also follows from the national plan for economic recovery that from 2021, access will be simplified for telecom operators to place communication networks in apartment buildings on the principles of non-discriminatory access.

Until December 2020, the Cabinet of Ministers will also provide vacations in terms of payment for renting state real estate objects to accommodate communication infrastructure objects. In November 2020, the government plans to work out the issue of telecom operators and data centers entering the wholesale electricity market.

In addition, the government abolished the mandatory re-registration of electronic means (RES) in connection with the extension of the validity of permits for the use of radio frequencies or radio frequency channels.^[12]

The Ministry of Digital Development and Minek decided to introduce mandatory storage of traffic of technological networks for 3 years

At the end of September 2020 Ministry of Economic Development of the Russian Federation Ministry of Digital Development , a draft law was approved, obliging owners of technological communication networks (networks designed to ensure the production activities of organizations and enterprises) to store traffic for three years and, if necessary, provide it to special services as part of their operational-search activities or ensuring security. RUSSIAN FEDERATION

According to TASS with reference to the review of the Ministry of Economy, posted on the portal of draft regulatory legal acts, the agency did not identify "provisions that introduce excessive administrative and other restrictions and obligations for business and other entities or contribute to their introduction, and also contribute to the emergence of unreasonable expenses of business and other entities or contribute to the emergence of unreasonable expenditures of budgets of all levels of the budget system of the Russian Federation. "

The Ministry of Economic Development supported the bill on three-year storage of traffic of technological networks

Earlier, the Russian Union of Industrialists and Entrepreneurs (RSPP) criticized the initiative of the Ministry of Digital Development. The ministry responded to the business's remarks and stated the following:

The bill does not contain mandatory requirements, the assessment of compliance with which is carried out within the framework of state control (supervision). The specified statement is not true.

The Ministry of Digital Development noted that this remark was, and the explanatory note was adjusted.

One example of technology networks is a communication network used by a particular company to operate a video surveillance system on its territory, that is, to transmit a signal from a video camera to a recording device. This and other types of traffic propose to keep the new bill of the Ministry of Digital Development for three years.^[13]

Companies criticized the initiative of the Ministry of Telecom and Mass Communications on 3-year storage of traffic of technological networks

In mid-August 2020, the Russian Union of Industrialists and Entrepreneurs (RSPP) reacted negatively to a bill in which the Ministry of Communications proposes to oblige owners of technological networks to store traffic for three years to provide special services. Such an initiative, in the opinion of the business, will lead to significant costs and security risks for enterprises.

Technological communication networks are designed for the production activities of organizations and enterprises. For example, these are networks through which video surveillance signals are transmitted on the territory of enterprises and even an entire city, and which are used by large industrial enterprises and transport infrastructure facilities.

Business did not support the project of the Ministry of Communications on three-year storage of traffic of technological networks

The Russian Union of Industrialists and Entrepreneurs says that technological networks are used in many sectors of the economy, so the introduction of the law proposed by the Ministry of Telecom and Mass Communications will lead to significant costs for the owners of such networks, as well as risks of disrupting technological processes of enterprises, reducing the level of security of these processes.

From the recall of the Russian Union of Industrialists and Entrepreneurs to the bill (available to the TASS Information Agency of Russia) it also follows that it is unacceptable and inappropriate to extend the requirements that already exist for public communication network operators to the owners of technological networks, since they have different architectures and can use special means and communication technologies necessary to ensure production processes. Here the RSPP means the "Spring package" - a block of amendments to the law "On Communications."

VimpelCom believes that the initiative of the Ministry of Communications runs counter to the principle of freedom of choice of technologies when creating technological communication networks, laid down in the current law "On Communications." They also mentioned the risks of safety violations at industrial enterprises.

In addition, enterprises do not have or do not provide information systems that will need to be implemented to fulfill the requirements for storing traffic, according to the Russian Union of Industrialists and Entrepreneurs.^[14]

The government postponed part of the requirements of the "Spring Law"

The Government of the Russian Federation decided to postpone part of the requirements of the "Spring Law." In particular, we are talking about storing traffic. At the same time, the authorities rejected a number of other proposed measures for the telecommunications industry, Vedomosti writes in its May 20, 2020 issue.

In the context of the COVID-19 coronavirus pandemic, the burden on data networks has greatly increased. In this situation, telecom operators appealed to the authorities with a request to postpone the entry into force of a number of norms of the Yarovaya package. 

The government allowed to postpone the implementation of the norms of the resonant "Spring Law" on traffic storage

Proposals for the postponement of the "Spring Law" were sent to the government by the Ministry of Telecom and Mass Communications. The agency, taking into account the proposals of the industry, noted that it is necessary to postpone the annual increase in the size of storage for a year, the operators themselves asked for a delay of two years. According to Vedomosti, Belousov approved this measure, as well as the idea of ​ ​ remote identification of subscribers using the Unified Biometric System. It is needed to draw up contracts with operators.

First Deputy Prime Minister Andrei Belousov rejected proposals to postpone the payment of taxes, rent holidays, and reduce the fee for the radio frequency spectrum by three times until the end of 2020. 

According to the audit company PwC, the Spring Law costs operators 10-20% of capital expenditures annually.

MegaFon said that in the current economic environment, telecom operators need a significant reduction or temporary exemption from the cost of fulfilling regulatory obligations. " This will not require federal budget costs, but will allow operators to free up significant funds that they can use to maintain stable network operation, which is necessary for the functioning of emergency services, state institutions, urban infrastructure and private business, the company emphasized^[15]

2019

Operators have already spent 10 billion rubles on equipment for the Spring Law

On December 10, 2019, it became known that Russian telecom operators spent about 10 billion rubles on the purchase of equipment to comply with the requirements of the Yarovaya law. The equipment was acquired from Rostec, said Sergey Sakhnenko, industrial director of the state corporation's electronic cluster, during the conference "Electronics in Russia: the Future of the Industry," organized by the Vedomosti newspaper.

Sakhnenko noted that in 2019 Rostec began supplying the Kupol data storage system to telecom operators. Equipment localization, he said, reached 70% by December 2019. Rostec could have achieved the same results two years earlier, but the process was hampered by "bureaucratic delays," he said.

It became known that Russian telecom operators spent about 10 billion rubles on the purchase of equipment to comply with the requirements of the Spring Law

We faced, on the one hand, unfair competition and dumping from foreign vendors. On the other hand, the executive authorities also did not favor us, and therefore we could not promote our product, "Sakhnenko said.

According to him, by December 2019, about 10 enterprises of the military-industrial complex were involved in cooperation. Rostec localizes nodes and various Kupol DSS modules step by step.

Operators purchase equipment to implement the Spring Law using their own funds. MTS, Rostelecom, VimpelCom, MegaFon, as well as the non-profit organization Digital Economy, asked the government to subsidize the cost of buying equipment. The Ministry of Telecom and Mass Communications considered this request inappropriate. Due to the large investment in equipment, communication will become more expensive.

According to forecasts of the Content Review information and analytical agency, during 2020 the costs of Russians for communication services may grow by 17-18%, including due to the need for operators to comply with the requirements of the Yarovaya law.^[16]

Tele2 will use the services of Rostelecom under the "Spring Law" for 4.3 billion rubles

On November 21, 2019, it became known about the conclusion between Tele2 and Rostelecom of a contract aimed at fulfilling the requirements of the Yarovaya Law, which, as part of the fight against terrorism, requires keeping calls and messages from subscribers for six months, and metadata for three years. Read more here.

Operators ask the authorities to compensate for the cost of buying equipment for the "Spring Law"

At the end of October 2019, it became known that telecom operators in Russia asked the authorities to compensate for the cost of buying equipment for the "Spring Law." The corresponding letter from MTS, Rostelecom, MegaFon, VimpelCom, as well as the non-profit organization Digital Economy were sent by the Ministry of Communications and the Ministry of Industry and Trade.

The fact that operators are asking the ministry to provide subsidies from the federal budget for the purchase of equipment for the implementation of the "Spring Law," the agency reported Reuters with reference to their letter. The press secretary of the Ministry of Digital Development, Communications and Mass Media Evgeny Novikov confirmed to the edition a receipt of the letter.

Operators are asking the authorities to compensate for the costs.

It says that the cost of purchasing hardware to store this amount of information can range from 10 to 20% of the total cost of supporting and developing communication networks over the next five years. How much subsidies operators are counting on is not indicated in the letter.

This money can be allocated from the budget of the national program "Digital Economy," which provides for economic support for companies producing domestic telecommunications and cable equipment, "including concessional lending to buyers of such products and reducing customs duties on components not produced in the Russian Federation," the letter says.

Operators propose to consider the funds saved through electronic auctions, during which the executors of the federal project "Information Infrastructure" were selected.

Earlier, telecom operators warned that compliance with the requirements of the "Spring Law" would require a large amount of investment. At the same time, companies differently estimate the costs of its implementation over five years: in MTS - within 50 billion rubles, in VimpelCom - 45 billion rubles, in MegaFon - 40 billion rubles.^[17]

How operators follow the Russians on the example of MTS. Secret documents hit the Internet

On September 18, 2019, it became known about a data leak from Nokia, as a result of which some details of the operation of technical means systems to ensure the functions of operational-search measures (SORM) were disclosed. Read more here.

2018

How much do equipment manufacturers earn for the "Spring Law"

In early August 2019, the financial indicators of Russian manufacturers of devices for wiretapping and collecting personal data for the implementation of the "Spring Law" became known.

Some of these companies are part of the group, "Citadel" which, in turn, is part of: ICS Holding Anton Cherepennikov

• MFI Soft's revenue in 2018 almost tripled - from 3.5 to 10.3 billion rubles;
• Malvin Systems "revenue in 2018 rose by 107%, to 1.7 billion rubles;
• Signatek's revenue amounted to 740.8 million rubles, which is 67% higher than a year ago;
• "Basis Lab" revenues in 2018 rose by 24%, to 996.6 million rubles;
• the indicators of Tekhargos were not disclosed.

According RBC to the CEO, in "Norsi-Trans" Sergey Ovchinnikov 2018, the company's revenue amounted to 2.7 billion rubles, an increase of one and a half times compared to 2017. According to him, the company's net profit rose one and a half times. But the revenue of Special Technologies LLC  according to official data in 2018 decreased by 11%, to 1.8 billion rubles. 

Ovchinnikov claims that two key players remained in the market for SORM devices (systems of operational-search measures) - Norsi-Trans with a share of about 40% and Citadel Group of Companies with 60%. "Special technologies" are rapidly losing ground.

Karen Ghazaryan, General Institute for Internet Research, says that there are no official estimates of the SORM market, but according to approximate estimates, the share of the Citadel on it is close to 80%, and the rest falls on Norsi-Trans.

Formally, there is a subject for interest from the FAS, and if one of the telecom operators or a competitor files a complaint, the department may initiate an audit to see if the current situation violates the antitrust laws. In fact, I very much doubt that someone will decide to complain to the FAS, "Ghazaryan believes.[18]

Operators have found a way to partially recoup the costs of implementing the "Spring Law"

In early September 2018, it became known about the intentions of federal operators to partially compensate for the costs of implementing the "Spring Law." Telecommunications companies are going to provide excess of their data storage capacity to regional players.

According to Kommersant, MTS and MegaFon are considering the possibility of providing data storage services. The latter polls potential customers, interested in the number of their subscribers, the volume of incoming and outgoing traffic, peak load, etc.

Telcos set to provide oversupply of their data storage capacity to regional players

Earlier, the head of Rostelecom Mikhail Oseevsky spoke about such plans. According to him, the Tele2 operator, which is 45% owned by this company, will be able to store data on the communications of its subscribers at the facilities of Rostelecom. However, according to Oseevsky, all the same "no one will work on Yarovaya's law - everyone will only lose."

According to Sergey Ovchinnikov, general director of the manufacturer of solutions for telecom operators Norsi-Trans, the outsourcing service is possible in two forms: full and partial. In the second case, small operators will have to install systems for the removal and storage of voice traffic, and content storage can be provided to large operators.

Another problem is the lack of suitable equipment on the market.  The Ministry of Telecom and Mass Communications has not yet issued an order on its certification, the source said on the communications market. In addition, it is not yet clear whether companies will have to store both internal and external traffic. "If the FSB decides that it is necessary to store internal equipment, in any case it will have to install its own equipment," he says.

One storage manufacturer believes that the monthly outsourced storage charge for small operators may be lower than the implementation of such systems.^[19] 

Ministry of Economic Development: Mail.ru Group and Yandex will spend 9 billion rubles on the implementation of the "Spring Law"

In August 2018, the Ministry of Economic Development (MED) criticized the rules for storing data from customers of Internet companies for the implementation of the "Spring Law." According to the ministry, the real costs of the business will be much higher than the estimates of the Ministry of Telecom and Mass Communications on the example of Rambler Group: only VK (formerly Mail.ru Group) and Yandex will have to spend almost 9 billion rubles one time.

As Kommersant writes with reference to the review of the Ministry of Economic Development, published on the portal for discussing regulatory acts, Mail.ru Group has 130 million active users, therefore, in order to ensure the storage of their information, the company must purchase hardware and software systems worth 5.2 billion rubles. In the case of Yandex, this amount will amount to 3.6 billion rubles.

The Ministry of Economic Development recommended to reduce the load on small IT companies obliged to comply with the "Spring Law"

In addition, companies will have to spend 1 billion rubles annually on data storage. Moreover, the Ministry of Economic Development notes that we are talking about one of the optimistic scenarios that do not take into account voluminous content, for example, online broadcasts.

The Ministry of Communications analyzed the additional costs of Internet companies using the example of Rambler Group, for which they were supposed to be only 10.9 million rubles one-time and 120 thousand rubles a month.

The Ministry of Economic Development also drew attention to the difficulties that small market participants may face: the requirements are identical for all Internet companies, but some of them may not have enough resources. Small companies are required to purchase software and hardware similar to what the largest IT companies use, although they have to store smaller amounts of information. The ministry believes that a differentiated approach will be more appropriate in this matter.

As stated in the conclusion of the department, "the Ministry of Economic Development of Russia shares the concern of the subjects of the IT industry and proposes" to establish a transitional period for the entry into force of the draft act from the beginning of the fiscal year, but not earlier than the adoption of all regulatory legal acts necessary for the implementation of Federal Law N 149-FZ^[20]"

List of DSS manufacturers for the implementation of the "Spring 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 "Spring Law." The document in response to an appeal to the department was received by the head of the consulting company Orderkom Dmitry Galushko.

By July 20, 2018, domestic DSS manufacturers for execution by telecom operators of the "Spring Law " are as follows:

• Kraftway;
• Yadro (part of the National Computer Corporation, NCC);
• INEUM named after Brook;
• MCST (developer of the Elbrus processor);
• T-Platforms;
• National Center for Informatization (NCI);
• National Technologies (controlled by Rostec).

Read more here.

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

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

The package of anti-terrorist 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, entered into force on July 1, 2018. However, cellular companies did not have time to prepare for the implementation of the law, since, in their opinion, the deadlines were too limited, and the market lacks suitable Russian equipment. In this regard, operators have to purchase equipment manufactured by Cisco, Hewlett Packard Enterprise (HPE), Huawei and other foreign manufacturers, Reuters interlocutors say.

Spring Law forced telecom operators of the Russian Federation to seek help abroad

Such measures do not correspond to the intentions of Russian  President Vladimir Putin, who previously instructed to create the production of domestic equipment for the implementation of the Yarovaya law, the news agency notes.

The idea of ​ ​ import substitution is theoretically good, but it is necessary to really assess the capacities of Russian companies, "says Irina Levova, director of strategic projects at the Institute for Internet Research. - The money spent on the implementation of this law will not remain in the Russian economy, but will go abroad.

The publication also says that the total costs of the Big Three operators for the modernization of networks in connection with the Yarovaya law will amount to about 145 billion rubles until 2023.^[21]

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

Norsi-Trans is one of the companies manufacturing equipment for the implementation of the Spring Law. Norsi-Trans CEO Sergei Ovchinnikov told Reuters his company was testing Russian storage but also using foreign solutions.

According to him, Norsi-Trans has developed software that can work on both Russian and foreign equipment, for example, from Huawei.

As far as I know, other manufacturers of data interception and storage in telecommunications networks use mainly foreign solutions, "Ovchinnikov said.

Only one organization has accreditation for testing such equipment - the testing center of certification and metrology of the Central Research Institute of Communications. But it cannot issue certificates, since the certification bodies and testing laboratories themselves did not receive accreditation for this. The process will be completed only in the third or fourth quarter of 2018.

The heads of telecommunications companies polled by Reuters called the Citadel group the leader in the Russian market for means of intercepting and storing data in networks with a share of 50%. Norsi-Trans accounts for about 20-30% of this market.

A spokesman for the Citadel declined to disclose to Reuters where the company was acquiring the equipment, citing trade secrets. According to him, the company calculates the complete set of the system individually for each customer.

"Spring Law" led to an increase in Internet prices

Until now, the Russians practically did not feel the "Spring Law" on themselves, but now everything has changed. Due to the need to store user data, including call records, correspondence, search history, etc., Internet providers announced an increase in prices for the services provided, Kommersant writes.

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

Petersburg provider Telekompas LLC, which offers services under the Comfortel brand, has already warned customers about an 8% increase in tariffs from July 1, 2018. The company's letter says that in order to fulfill the requirements of the Yarovaya Package, it will have to purchase data storage equipment worth more than 60 million rubles, which will be allocated over five years. Dmitry Petrov, co-founder of Telekompas, said that in order to meet the government's demand, they will need two storage facilities with a volume of 10 Gbps of continuous strip, each of which costs 37 million rubles. Price increases should be expected from all operators, he said.

Дом.ru, which occupies 11% of the Russian broadband Internet access market, announced a 10% increase in prices for some tariff plans from June 1. The company estimated future costs for the purchase of equipment in the amount of 50 billion rubles. Although the increase in prices "Дом.ru" does not associate with the "Spring Law." "The economic situation affects the activities of operators: inflation, an increase in the cost of equipment, content, an increase in investment costs for the modernization of networks, and in order to continue to provide high-quality services, operators revise the cost of services," said a representative of ER-Telecom, which owns Дом.ru.

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

Governments Dmitry Medvedev On April 12, 2018, the chairman signed a decree on the procedure for telecom operators to store text messages and recordings of user conversations, including images, audio and video messages transmitted by them. The document was prepared Ministry of Digital Development, Communications and Mass Media by the Russian Federation in order to implement the so-called ("Spring Law" No. 374-FZ) and published on the official portal of legal information.

In accordance with the established rules, telecom operators are obliged to store data in Russia on their servers. In this case, storage at the facilities of another operator is allowed in agreement with the FSB of the Russian Federation.

Amendments to the Law "On Communications" for telecom operators providing long-distance, international, intra-zone and local telephone services, as well as mobile radiotelephone and satellite communications, as previously planned, will enter into force on July 1, 2018. From this date, the storage period of information should be 6 months - during this period, operators will need to save data in full from the moment they are received, transmitted, delivered or processed, the document says.

In turn, the deadline for the start of storage of messages has been postponed by the Government to October 2018. So, according to the decree, 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 information accumulation 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 decree also provides for an annual increase in the capacity of technical means of accumulation by 15% for 5 years.

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

The adopted document is entrusted to telecom operators to ensure the protection of stored information from unauthorized access in compliance with the requirements of the Ministry of Telecom and Mass Communications.

The removal of correspondence and records of conversations of Russians should occur automatically after 6 months from the moment of their reception, transfer, delivery or processing.

The text of Government Decree No. 445 can be found here.

2017

Yakhont-374-Voice - the first hardware solution

Norsi-Trans presented in October 2017 a solution to implement a package of anti-terrorist amendments known as the Yarovaya Law. The Yakhont-374-Golos complex will store records of calls and video calls, the content of SMS messages, as well as metadata about calls for six months.

In the "Spring Law" found a contradiction to the European regulations. It threatens multibillion-dollar fines

The package of "anti-terrorist" laws of Irina Yarovaya and Viktor Ozerov on data storage, which should be earned from 2018, will violate the new regulations of the European Union. This was told in July 2017 at the Institute for Internet Research.

The regulations were approved^[22]The European Union in the spring of 2016 (the EU Council adopted it the day after the introduction of the "Spring Law" to the State Duma), but will enter into force at the end of May 2018 - a month before the entry into force of the "Spring Law^[23].

European norms allow only selective storage of user data and only at the request of special services. The "Spring Law," in turn, obliges providers and cellular operators to store all data, including foreigners.

For violation of 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).

Representatives of the Ministry of Communications, the Ministry of Foreign Affairs and mobile operators could not comment on the contradictions in the legislation of Russia and the European Union.

"Spring Law" was proposed to be implemented at the expense of subscribers

On July 13, 2017, the RSPP Commission on Communications and Information and Communication Technologies developed amendments to the "Spring Law," according to which it is proposed to introduce a "special payment for subscribers and users" of communication services that the operator will receive. The Ministry of Telecom and Mass Communications announced its readiness to consider this proposal.^[24]

"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, deductions to the fund of universal services. 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 regulating radio frequencies and communication networks of the Ministry of Telecom and Mass Communications, in response to a question from RBC.

The representative of the Ministry of Communications Ekaterina Osadchaya added that the initiative has so far only been announced at a meeting of the Russian Union of Industrialists and Entrepreneurs and has not yet been sent for consideration to the ministry.

"The proposed special subscriber levy is essentially an indirect security tax. In conditions when the "Spring Law" does not provide for the allocation of budget funds for its implementation, collecting from subscribers, unfortunately, is the only option, "said Irina Levova, curator of the government working group" Communications and Information Technologies, "in a conversation with RBC.

The amount of payment, according to the RSPP commission, can be 3-5% of the average monthly account of the subscriber. As a result, if a payment is established for the implementation of the "Spring Law," subscribers will be charged 50-85 billion rubles. annually. For non-payment of such a payment, it was proposed to establish administrative responsibility and add the corresponding article to the Administrative Code.

Assessment of costs of implementation of the law from FSB and the Ministry of Digital Development, Communications and Mass Media

The Federal Security Service (FSB) and the Ministry of Communications of the Russian Federation in April 2017 officially named the amount necessary for the implementation of the "Spring Law." According to them, telecom operators will have to spend 4.5 trillion rubles ($79.5 billion - at the rate of the Central Bank of the Russian Federation as of April 14, 2017 56.6 rubles per dollar), which is three times more than the turnover of the entire telecommunications industry in 2016.

The assessment conclusion is published on the portal regulation.gov.ru. It follows from it that the approximate total costs of telecoms for the purchase of equipment should be up to 3 trillion rubles, and the cost of creating infrastructure for the placement of equipment and the organization of communication channels should be 1.5 trillion rubles. The document signed by Deputy Minister of Communications Dmitry Alkhazov notes: "Thus, the total one-time costs of the industry can amount to 4.5 trillion rubles." The conclusion was sent for consideration to the Ministry of Economic Development. The department should make its verdict in the second half of April 2017.

The FSB has not previously made a similar assessment. The Ministry of Telecom and Mass Communications in January 2017 estimated the costs of implementing the provisions of the "Spring Law" at about 100 billion rubles. On the part of telecom operators, there were assumptions that more than 5 trillion rubles would be required, which would simply be an unbearable burden for the industry. As representatives of one of the mobile operators noted, "it is not very clear where to take such funds physically." Since, according to preliminary estimates of the Ministry of Telecom and Mass Communications, revenue from all types of communication services, including postal, in 2016 revenue in Russia amounted to 1.66 trillion rubles, which is 2.7 times less than the estimated expenses of telecoms.

2016

Electronics manufacturers are preparing for the "Spring Law"

In mid-September 2016, the Ministry of Industry and Trade published 83 applications ^[25] Russian companies applying for subsidies from the federal budget for the development of the production of telecommunications equipment and computer equipment, Kommersant reports].

Russian electronics manufacturers ask the Ministry of Industry and Trade for subsidies for the creation of computer equipment and telecom equipment

Most of the funds are required by enterprises that are part of the Rostec state corporation. Thus, the Research Institute of Communication and Control Systems asks for 4.8 billion rubles. for the implementation of seven projects. Among the large ones - the development of platforms for modular means of base stations for software-defined networks (SDN) and professional radio communication of the LTE standard in emergency situations. Research Institute "Scale" asks the state 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. filed "Bulat," JV "Rostec" and "Rostelecom," funds will be needed, including for the development of a multi-service router (10 Gbps). Another 64.8 million rubles. "Bulata" is required to create the hardware part of the storage system (DSS). NIC of electronic computer technology (also part of Rostec) needs 400 million rubles. for the production of microcircuits for a network switch (200 Gbps).

The T-Platforms company of Vsevolod Opanasenko and VEB requested 3.6 billion rubles from the budget. to create laptops, workstations, servers and switches with support for SDN technology based on processors developed by Baikal Electronics (a subsidiary of T-Platforms). Baikal Electronics asked for 2.3 billion rubles for the processors themselves.

The T8 NTC group needs 4 billion rubles, including to create routers. Kraftway needs 683.1 million rubles. for the production of trusted DSS. Voronezh company "Codophone" intends for 300 million rubles. from the state budget to organize mass production of equipment for 4G/5G networks.

The government promised subsidies to manufacturers back in February 2016, now the Ministry of Industry and Trade is conducting the first selection. At the same time, companies must invest in projects an amount equivalent to the size of state support. The Ministry of Industry and Trade does not disclose the planned amount of subsidies. In the latest version of the sectoral state program, the amount of funding was 27.1 billion rubles. for 2016-2017. "Funding will be allocated to highly rated projects. The results of the competition are planned to be summed up in a month, "said a representative of the Ministry of Industry and Trade.

Back in April 2015, the head of the Ministry of Industry and Trade Denis Manturov signed an action plan for import substitution in the electronic industry until 2020. It is also necessary to develop production to implement the "Spring Law," which forces Russian telecom operators by July 1, 2018 to create an infrastructure for removing from networks and storing all voice traffic and transmitted information for six months. In July, Vladimir Putin instructed the Ministry of Industry and Trade and the Ministry of Communications to work out the creation in Russia of the production of the necessary equipment for the implementation of this law.

Elena Churakova, deputy general director of T-Platforms, says that the company's planned sales volume will allow it to occupy at least 10% of the market and realize the tasks set by the Yarovaya law. The representative of the United Instrument-Making Corporation (part of Rostec) Leonid Khozin said that the "Spring Law" will be able to stimulate the sale of products. "By 2021, we can expect a market share of about 15%," he says.

Svetlana Apollonova, a member of the expert council of the Ministry of Industry and Trade, notes that the applications of companies will be evaluated, including by the presence of breakthrough technologies. "But many private companies that have submitted applications do not yet understand how they will provide the necessary amount of investment in projects for their part: they now have a little free funds," Ms. Apollonova sums up.

FSB approved the procedure for transferring encryption keys according to the "Spring Law"

In mid-August 2016, the Federal Security Service (FSB) approved the procedure for transferring keys to the department to decrypt data that are required to store Internet services under the "Spring Law." This is reported by Kommersant with reference to the text of the order published on the official portal of legal information.

According to the approved procedure, the owners of Internet sites that allow sending electronic messages (including mail services, instant messengers , etc.) will provide the FSB with encryption keys after receiving a written request from the organizational and analytical department of the FSB scientific and technical service.

FSB approved the procedure for transferring Internet correspondence to special services

Companies will have to send encryption keys on a magnetic disk to the FSB by regular mail or give the FSB direct access to IT systems with this information. In case of refusal, a fine of 1 million rubles is provided.

Mail must be sent by registered mail with a receipt of receipt, which could potentially significantly complicate the receipt of the necessary data from those companies that do not have a representative office  in Russia.

The obligation to transfer keys for decryption is one of the requirements of the package of anti-terrorist amendments - the so-called "Spring Law," which obliges telecom operators and Internet companies to store the content of calls and user correspondence for up to six months.

The encryption keys that the FSB needs to decode messages are just a set of consecutive characters. A few years ago, an experiment was conducted in which 60 thousand computers around the world simultaneously tried to pick up a 57-bit key, which took them three years. Now, most often, keys with a length of 128 and 256 bits are used for encryption, and it is impossible to hack them, so the FSB needs them to be handed over voluntarily, "said Alexander Kovalev, deputy general director of Zecurion[26]

The transition of authorities to the use of Russian cryptographic algorithms and encryption tools

On July 16, 2016^[27] was published on the Kremlin's website^[28], instructing the president to the head of government to prepare the transition of authorities to the use of Russian cryptographic algorithms encryption tools and until December 1, 2017. In particular, the government should 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 of citizens 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, a massive installation is expected in government agencies in addition to the available solutions of domestic cryptographic information protection tools (CIPF).

Основная статья: "Security Code" estimated the timing of the transition of government agencies to Russian encryption tools

Nikiforov told Putin that DSS are issued in Russia to fulfill the presidential order

At a meeting with members of the government on July 14, 2016, Vladimir Putin raised the issue of recently adopted amendments to anti-terrorist legislation and asked Minister of Communications Nikolai Nikiforov to comment on the instructions given after the adoption of the amendments (see their text below).

Nikolai Nikiforov told Vladimir Putin that the Russian industry does not yet produce data storage equipment, but the necessary terms of reference are already being worked out

The following is a full transcript of the president's dialogue with the minister.

N. Nikiforov: Dear Vladimir Vladimirovich,

Indeed, the process of adopting the law was such that part of the proposed amendments reflected in the withdrawal of the Government was taken into account. Some of the 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 build various emotional assessments without understanding the issue, because, first, the most resonant norm that concerns the storage of user data is assigned to 2018, so we do not see any risks of price increases in 2016.

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

In addition, the instructions provide for the storage of data using Russian equipment, 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 tasks and together we will work out these proposals. If, once again, we need certain clarifications in terms of enforcement of specific norms, we will prepare these amendments and make them in the autumn session.

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

V. Putin: OK, and the instructions that I talked about, how are you going to implement?

N. Nikiforov: The instructions relate to detail and law enforcement issues. That is, the law is one thing, the question is already a by-law. "

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

N. Nikiforov: First of all, a specific amount of data storage is being worked out, what and how should be collected and stored; the second, which is stored on. Here we rely on domestic industry, and based on this, the best option will be developed. "

V. Putin: Our industry produces appropriate equipment?

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

V. Putin: This must be done quickly, it is necessary to load your enterprises, especially a good guaranteed order. "

N. Nikiforov: It will be done. "

V. Putin: Thank you. "

There really are no Russian analogues to the lines of heavy DSS and servers yet, confirms Ivan Rubtsov, Deputy General Director for Work with Key Customers of 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 talk about which of the manufacturers could qualify for participation in projects under this law. It feels like these will be key manufacturers of hardware systems (HPE, Dell, EMC, Hitachi), since large telecom operators are unlikely to consider solutions from niche Russian suppliers, Rubtsov said.

But you can increase power without buying new equipment - using special software (SDS, software-defined DSS), adds a representative of "CROC." In addition, you can use the services of outsourcing computing power, including data storage services in the cloud.

"Spring Law" signed by Vladimir Putin

On July 7, 2016, President Vladimir Putin signed a law, among other things, obliging telecom operators and Internet companies to store the content of calls and user correspondence.

Vladimir Putin signed a law that could cause a sharp increase in demand for data storage equipment and software, 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 the dissemination of information on the Internet," in terms of the law) will be obliged to store in 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 e-mails

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

Information on the facts of reception, transmission, delivery and (or) processing of voice information, written text, images, sounds, video or other electronic messages of users, as well as information about these users of the Internet company, will have to be stored for one year from the end of such actions.

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

Telecom operators from July 1, 2018 will also be required to store for up to six months in the Russian Federation

• voice information,
• text messages,
• images,
• sounds,
• video
• or other communication service user messages

Information on the facts of reception, transmission, delivery and/or processing will need to be stored for three years from the end of such actions.

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

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

The Kremlin said that law enforcement agencies will be able to inspect and seize electronic messages 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, on June 29 it was approved by the Federation Council.

Instructions on the use of domestic software and information storage equipment

Along with the signing of the so-called "Spring Law" on July 7, 2016, the president gave a number of instructions regarding, in particular, the use of domestic software and data storage equipment. The following is the full text of the orders.

List of instructions on certain measures of state regulation in the field of countering terrorism and ensuring public security

1. The Government of the Russian Federation, with the participation of the FSB of Russia, prepare draft 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 Countering Terrorism "and certain legislative acts of the Russian Federation in terms of establishing additional measures to counter terrorism and ensuring public safety" (hereinafter referred to as the Federal Law), paying special attention to:

clarification of the stages of application of norms requiring significant financial resources and modernization of technical means of economic 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 bodies 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 on communication networks and (or) when transmitting messages on the information and telecommunication network of the Internet of uncertified coding (encryption) means;

development and maintenance by the authorized body in the field of security of the Russian Federation of the register of organizers of information dissemination on the Internet, providing, at the request of authorized departments, information necessary to decode received, transmitted, delivered and (or) processed electronic messages in case of their additional coding;

application of the norms of the Federal Law on termination of communication services in case of non-confirmation of compliance of personal data of actual users of communication services with the information specified in the subscriber contracts.

The term is until November 1, 2016.

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

2. The Ministry of Industry and Trade of Russia, together with the Ministry of Telecom and Mass Communications of Russia, to analyze and submit proposals regarding the possibility, terms and amounts of financial expenses in order to organize the production of domestic equipment and the creation of domestic software, necessary for storage and processing of voice information, written text, images, sounds, video or other electronic messages of Internet users and information about these users, indicating specific production sites in the Russian Federation.

Report - until September 1, 2016.

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

3. The FSB of Russia shall approve the procedure for certification of coding (encryption) means when transmitting messages on the information and telecommunication Internet by determining the list of means subject to certification, as well as the procedure for transferring encryption keys to the authorized security body of the Russian Federation.

The term is July 20, 2016.

Responsible: A.V. Bortnikov

Carrier reaction

Communication prices due to the adoption of the "anti-terrorist" package of bills, which will oblige operators to store the content of calls and correspondence of subscribers, may rise "at least two to three times," Tele2 calculated. The same assessment was given by Megafon and VimpelCom.

Price increases cannot be avoided, since if the law is adopted, operators will have additional costs: they will have to keep the content of calls and messages of subscribers for up to six months, and the costs of this will amount to a total of 2.2 trillion, rubles he wrote RBC with reference to the Expert Council under the government. Russia This amount is twice the total annual revenue of all Big Four operators in 2015.

Read also

• Review: Import substitution of information technology in Russia
• The main problems and obstacles to import substitution of IT in Russia
• Advantages of replacing foreign IT solutions with domestic ones
• Main risks of IT import substitution
• Import substitution of information technologies: 5 "For" and 5 "Against"
• How did IT import substitution affect the business of foreign vendors? A look from Russia
• How the launch of the register of domestic software influenced the business of Russian vendors
• What changes are taking place in the Russian IT market under the influence of import substitution
• Assessment of import substitution prospects in the public sector by market participants

Notes

• List of instructions of the president in connection with the adoption of the "Spring Law"