House of cards

New rules for the provision of Internet services require decryption

The government, trying to establish clear rules of the game in the Internet services market, seems to have again shown haste, fraught with panic among clients of provider companies and large players. The negative resonance that was caused by the publication of new rules for the provision of data communication services signed by Prime Minister Mikhail Fradkov at the end of January has already forced officials to justify themselves and explain that the state does not intend to deprive citizens of anonymous access to the Internet. However, Vitaly Slizen, head of the department of state policy in the field of infocommunication technologies of the Ministry of Information and Communications, who yesterday undertook to “decipher” the essence of the rules, has not yet convinced experts that the document issued by the White House does not contain pitfalls for the market. Lawyers working in the telecommunications industry believe that the rules are so confusing and contradictory that they can be interpreted very loosely.

The new rules contain a whole block of rules relating to the rights and obligations of operators and subscribers. For example, the operator is required to notify the subscriber ten days in advance of tariff changes. A special procedure for considering user complaints is also being introduced: before going to court, it is necessary to submit a claim to the operator within six months from the date of violation. It must be reviewed within 60 days, after which the consumer can go to court. A penalty is also established. For example, in case of violation of the deadlines for providing access to the data network - in the amount of 3% of the fee.

But the strongest debate was caused by the provisions relating to the de-anonymization of access to the network. The fact is that a number of points in the rules state that it is mandatory to conclude a written contract with the provider, which means that the user will have to provide his personal data. In this case, modem access using Internet cards, as well as access to the network from Internet cafes or libraries, are in question. In addition, one of the basic principles of the Internet - anonymity - is put to rest, and it will be possible to easily track which site any user has visited. Considering the ease with which various “closed” databases appear on the market in Russia, it is possible that discs with information about the online adventures of citizens will soon appear on the shelves. Finally, it is unclear how contracts will be entered into by undocumented minors.

Vitaly Slizen tried to reassure the online community at his press conference. “Some publications published articles with headlines claiming that now when accessing the Internet you will have to present a passport, which is not true,” he said. “The rules for the provision of data transfer services do not directly affect the average citizen.” Indeed, paragraph 24 of the rules states that an agreement can also be concluded “by carrying out implied actions.” Simply put, this means that to gain access to the network, a citizen only needs to demonstrate his desire by purchasing a card or paying for the services of an Internet cafe.

However, independent experts do not believe that this “liberal” clause, which allows the user to remain anonymous, conflicts with other requirements of the rules. “How can you say that the rules do not concern the average citizen if they talk about protecting consumer rights,” Viktor Naumov, head of the group for legal protection of IP and IT at DLA Piper Rudnick Gray Cary, told Vremya Novostey. “This part of the document may be interpreted differently, including in comparison with acts regulating other types of communication services (for example, telematics). One paragraph describes the conclusion of a written agreement, the other describes conclusive actions. The same paragraph 24 contains a clause that. “by carrying out conclusive actions, a fixed-term agreement is concluded for the provision of one-time data transfer services at public access points.” That is, it is possible that anonymous login will remain only for Internet cafes, and modem cards will become unavailable. In addition, conclusive actions can be carried out via - different. An employee of an Internet cafe or a card seller, and without drawing up an agreement, as a condition for providing access, may ask the client to provide his personal data, for example, by showing his passport. The responsibility to present the document lies with the citizen. It is therefore unclear whether the operator can be held liable for violating this requirement."

In other words, it is difficult to say today how these conflicting rules will be applied in practice. Moreover, some network market players have long been talking about creating an “Internet for white people” with mandatory authorization, more reliably protected from viruses and spam. Well, law enforcement agencies simply dream of conducting an “Internet census” and providing access to the network exclusively with a passport. “It is proposed to resolve a very important issue at the level of an unclear by-law, although it deserves public discussion and legislative resolution,” says Viktor Naumov. “We can only hope that significant changes will be made to them before the rules are put into effect this summer.”

Yuri KOLESOV