Roskomnadzor filed a lawsuit about blocking Telegram

Today, April 6, Roskomnadzor filed a lawsuit in the Tagansky District Court of Moscow with a request to restrict access to the information resources of the Telegram messenger in Russia.

According to the website of Roskomnadzor , the lawsuit was filed “in connection with the identification of the FSB of Russia, non -fulfillment by Telegram Messenger Limited Liability Partnership .

The report of Roskomnadzor states that Telegram did not comply with the requirements of paragraph 4.1 of Art. 10.1 of the Law "On Information" . This item obliges the organizer of the dissemination of information "to present to the federal executive body in the field of security to the information necessary for decoding the accepted, transmitted, delivered and (or) processed electronic messages."

On March 20, the Supreme Court of the Russian Federation refused Telegram to satisfy the claim to be illegal by the FSB order of July 19, 2016 , which approved the procedure for providing the information distribution on the Internet necessary for decoding users (this order was referred by the Meshchansky Court of Moscow, which rejected Telegram's appeal in October 2017 in October, the decision to refinethe decision to refine the decision Messenger for 800 thousand rubles).

On the same day, Roskomnadzor notified Telegram about the need to transmit the FSB information that is required to decode user messages within 15 days.

On April 2, Pavel Chikov, the head of the Agora international human rights group, representing Telegram in the courts, published a notification sent by the messenger to Roskomnadzor, which said that the fulfillment of the transmission of encryption keys "is not technically possible." Roskomnadzor did not confirm the receipt of this notification.

On April 5, the Minister of Communications and Mass Communications Nikolai Nikiforov said that the situation with Telegram is a precedent: before that there was no such law enforcement, and the court must confirm or refute existing legal norms.

The minister noted that the issue of the technical possibility of transmitting encryption keys is being discussed now. “Indeed, there is a kind of discussion: there is something to transmit, there is nothing to transmit. It is necessary to wait for the official consideration of these procedures, it may be necessary to change something in regulatory acts, ” Interfax quotes Nikiforova.

“Legal relations occur between Telegram and the FSB, and Roskomnadzor is simply an executive body that does not participate in the transfer of any keys, but, in case of non -fulfillment of legal acts, the sanctions, including blocking, should apply,” the minister added.

PS “ Telegram position remains the same: the FSB requirements are unconstitutional to access private correspondence, are not based on the law, technically and legally unfulfilled, therefore, the requirement of blocking is also unreasonably,” Pavel Chikov Interfax commented on the situation with the Roskomnadzor claim.

According to him, the messenger lawyers have not yet received a copy of the claim for familiarization. “There will be a lawsuit, it will be clear in what order the proceedings will pass, what grounds, and so on. Telegram will prepare objections to the lawsuit, all documents, as always, will be published, ”said Chikov.