Translated material
Roskomnadzor declared war on Google Global Cache
The supervisory authority began to punish operators for the use of GGC servers in its networks.
The moment came, "which everyone was waiting" since September of the past, 2017. Roskomnadzor began to finish the operators for the use of Google Global Cache (GGC). The first to distribute was the branch of Transtelcom JSC “Siberia”, “Chita Region”. But let's first.
At the end of September 2017, Roskomnadzor was puzzled by the presence of software and software operators called Google Global Cache. No one knows reliably why this happened. Why in September 2017? Why did the RKN need to deal with completely commercial and entirely legal relations between operators and Internet giant? This cannot be explained in anything, except for the autumn exacerbation of paranoia and conspiracy theories, obviously proceeding from the "power tower of the Kremlin." Whatever it means.
As one of the regional functionaries of the RKN from the Lipetsk region, Roman Biryukov, stated in his estate letters, the concern is caused "... To ensure the integrity, stability of the functioning and safety of the Unified Electric Set of Electricity of Russia, it is mandatory to confirm the compliance with the established requirements of the means of communication used in the general access communication network."
Well, that is, about ten years (and no one will definitely mention it when GGC began to operate in Russia) the department was engaged in some small problems, and then they suddenly took care of it.
The ex-press secretary Vadim Ampelonsky explained the reason for the surprise: “We received relevant information, and we are obliged to draw the attention of our territorial bodies so that they are attentive during the control and supervision events. This is a common practice. Regardless of the brand. The law works equally for everyone. ”
Peschkh to “ordinary practice” is added by the fact that not even a month has passed since Vadim Ampelonsky was no less suddenly under arrest on suspicion of fraud. And under house arrest is still.
But back to the city of Chita, where, obviously, letters with the “paying attention” were just reached. And this is not particularly surprising - look at the card.
It is especially surprising that the “control and supervision events” first entailed an administrative fine imposed by V.P. Safronov. The decision in the case of an administrative offense hit the Internet in full. And we publish it completely and completely:
Let's look at the document on the points and try to understand it.
Immediately I want to warn impressive readers not to do this without preliminary preparation, since familiarization with the document can be badly affect your spiritual health.
Firstly, the “Resolution” is written by the most terrible chancellery in its worst performance with an abundance of spelling and logical errors. And the text is not broken into paragraphs.
Secondly, with the abundant use of IDIM "the above", "based on" etc. From experience - the more often such words are found in official documents, the more likely the author will be confused in terminology, distort and lie. This is explained very simply - if the document is written clearly and clearly, then its author knows what he writes about. If the author does not understand the subject, then all these are all “according to which”.
Thirdly, there are many references to regulatory acts without indicating their essence. This is necessary that no one understands that the author does not understand what he writes about.
The exposition of the dramatic “decree” begins with the fact that Safronov seems “acting” (acting). But he does it with pathos and undisguised pride. Rose! If you do not understand what it is about, then the photo of this leader from the official website of the RKN will explain a lot:
But back to the document. In the eyeballs, we learn that the Trans -Baikal RKN made an “unscheduled visiting check” not from scratch, but at the request of the prosecutor's office. Why the prosecutor’s office, in principle, should worry this is not clear. Suppose that in Chita there is simply no crime and prosecutors have nothing to do.
And valiant acting And the "senior state inspector" found out that the TTK has equipment owned by Google LLC. Which is posted on the basis of a contract of b/n dated 06.06.2011 (remember this fact). That is - more than 7 years. And the prosecutor's office quickly found out about this. And sent "inspector Safronov."
Next is the listing of "enemy" servers and the addresses of the "critical infrastructure", where these servers are installed. This is in order to show that "the check was carried out." The inspector inspected.
But a piece of text, which indicates that “the above servers are used for the formation, reception, processing, storage, transfer, delivery of electric communications in the provision of communication services” is a fabrication of Mr. Inspector. Because the list of communication services of the Russian Federation is no “Google Services” in the list of “basic concepts used in this Federal Law of 126-ФЗ“ On Communication ”, Art. 2 - no. At all. In all 36 points of this article, which is referred to by the "senior state inspector" Safronov. You can make sure . He came up with this in order to bring the conclusion of the decision under the fine.
Also, GGC is not a means of monitoring. And "a device with measuring functions is also not."
Further, a very complicated text from which follows the continuous text:
- There is some letter to the Ministry of Communications of P19-1-200-23657 dated 04.10.2017, which does not google. This letter explains the "principle of work by Google Global Cache". And in the same letter it is explained that the GGC is "terminal subscriber equipment."
- Article 41 of 126-ФЗ “On Communication” exists, where “confirmation of the conformity of communications and communication services” is clarified . Where it is quite clearly described what and why is done for the functioning of public communication networks.
- On the basis of which it is concluded that the GGC is an end to subscriber equipment. Which is suddenly subject to mandatory certification.
Which, in fact, contradicts what is said in the law. And there it is said that there is an exhaustive list of equipment subject to mandatory certification, and everything else can be declared on a voluntary basis.
The mentioned list is contained in PP-532 dated 06.25.2009. At the same time, Rossvyaz is engaged in certification actions.
And none of these documents contains a reference to the mandatory certification of the GGC or other “end subscriber equipment”, provided that this equipment “cannot lead to a violation of the functioning of the public communication network”.
Under what conditions GGC can disable a “public communication network” - no one knows. Including inspector Safronov. What becomes the culmination of our entire story.
And the denouement was that this did not prevent the inspector from drawing a tricky conclusion that TTK “violates the requirements of Clause 1 of Article 42 of the ZOS”. And apply a fine of 60 thousand rubles.
As Mr. Safronov came to this conclusion-I could not trace the chain. But from the written we can conclude that "everything that is connected to the public communication network is subject to certification or declaration." And, it is obvious that we all violate something, because millions and billions of subscriber devices operated on the territory of the Russian Federation and the Internet connected to the Internet (public network) can “lead to a violation of the functioning of the public communication network”.
And this is no longer a joke. The law is the same for everyone. Therefore, your home router connected to the “public network” should also be certified or at least declared. And your craft on Arduino. And your smartphone bought on Aliexpress. And any network card. In general, that's it!
Moreover, fines must be paid by telecom operators. Well, do you have a contract for the provision of communication services? That is how the current legislation “Senior State Inspector” Safronov interprets. Because, I recall, TTK had an agreement with Google LLC dated 06.06.2011 b/n. For which the services of "Beta" are provided. Consequently, the operator is responsible for any “terminal subscriber equipment” without proper certification and declaration.
Further it is no longer interesting - there is actually an epilogue with the transfer of payment details to transfer the fine and permission to appeal the decision in court.
I hope that TTK lawyers will not only appeal this blatantly illiterate document, but also file a counterclaim to the RKN on exceeding official powers. And Mr. Safronov will be dismissed from his position. Well, and the prosecutor’s office, I would very much like to engage in its direct duties and "do not nightmare the business."
True, knowing judicial practice, it is hard to believe in this, yes.
Mikhail Klimarev, Executive Director of the Internet Protection Society, especially for Roskomsvoboda
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