Package of Yarovaya Or

Experts and representatives of the industry evaluated the Decree of the Government of the Russian Federation, which gave clarifications about how it should be fulfilled by the norms of the “package of spring” Internet services.

A couple of days before the entry into force of the "Package of Yarovoi", the Russian government explained to the organizers of the dissemination of information (Ori), how they should store user messages. Based on the text of the decision on the legal portal of the government, recording negotiations on the Internet, text messages, video and other content sent by their clients should be stored for six months. This applies to users who are registered and authorized from Russian IP addresses who indicated the Russian phone number, passport or other public document when registering. It is also prescribed to record and store electronic correspondence of users, which law enforcement agencies will be reported to online services in Russia.

Since hot discussions flared around the implementation of the “Yarovaya Package” requirements, especially in terms of too large expenses that operators and other market participants falling under 374-ФЗ, the authorities tried to soften these requirements. In April of this year, a resolution of the Cabinet was published regarding communication operators. According to the April resolution, they must store messages and records of conversations within six months from the date of "the end of their receipt, transfer, delivery and (or) processing." For operators who provide data transfer services, the storage period will be 30 days starting on October 1, 2018. The next five years, companies should annually increase by 15% the capacity of “technical accumulation means” (equipment on which Internet traffic will be stored). According to the document published yesterday, such conditions are not provided for Internet companies.

The current decree of the government specifies the requirements for the storage of the contents of the messages, and according to him, there is no more mitigation. The government ordered Internet services to store users' messages as much as possible by law: six months. The concept of a Russian user remained the same as it was in the Decree of the Government of 2014.

From July 1, these sites, services and messengers, entered in the register, will be required to collect, store for six months and provide special services for their request not only metadata, but also all the contents of correspondence, calls and all other users' interactions.

In this registry there are Russian and foreign sites and services. Among the largest Russians are VKontakte , Yandex (disc and mail services), Mail.ru (mail, my world, agent, classmates, cloud), Rambler's mail . Among the industry, entertainment and news portals are Habrahabr , dating services Mamba/Vyba , Roem.ru , many portals “Si-Media” , “Babyblog” , dual . There are also completely strange introduction to this register, for example, the website of the “Republican Syktyvkar Psychoneurological Board” or the portal of the village school. Separately, it is worth noting foreign resources and services that have entered this register. There are also a wide variety: from WeChat and Threma messengers to Snapchat , Vimeo and turbobit . True, in relation to foreign services, a very big question is whether they will be ready to comply with the requirements of Russian special services to transfer their customers data. For example, the same Swiss Messenger Threma said that, despite its entry into this register, they are not going to transfer data to Russia: “We are not allowed and we ourselves do not want to provide any information about our users directly to foreign authorities.” It also looks strange that Telegram is also still in this registry, although it has been blocked for several months in Russia for refusing to cooperate with the FSB. For “refuseniks”, sanctions are simple - blocking with relevant decisions .

Portals and services entered in the Ori Register (primarily Russian) can no longer be called anonymous and confidential in relation to your actions on them, public or personal correspondence. Be careful when using them. If you just get any information there, this is one thing, and if you produce sensitive for your workers or personal interaction processes, communicate, download files, etc., then you should think about the advisability of their use in these aspects.

And the point is not only in the special services: storage and transfer to third parties such sensitive knowledge for each user can provoke a wave of their leaks and the implementation of this array of information in the black market. Also, as the traffic police, tax, and medical institutions, etc. were previously flowed out. Only now with an even larger amount of personal information.

In the comments for CNews, the chief analyst of the Russian Electronic Communications Association Karen Ghazaryan notes:

“The government’s decree contains the period of storage of the contents of the correspondence as much as possible by law, but does not contain the maximum volume of the capacity, which should be distinguished for these purposes. Since Ori can recognize almost any Internet sites, the implementation of these requirements will require large costs, which will be overwhelming both for small Internet resources and large Internet companies. At the same time, it is still not clear how to store information containing secrets, personal data, copyright objects and so on. ”

“For market participants, despite the fact that such a project has already been discussed, the published resolution was a surprise. Large players can easily implement the requirements of the law, small and medium -sized companies - with difficulty, especially in such a short time. But I think that it will be primarily to follow the implementation of the law in relation to companies that are in the register [Or]. There are practically no very small companies among them, ”he said.

It should be noted that the “anti -terrorist package” of bills of 2016 introduced similar requirements to communication operators. They must store information about messages transferred to them for three years, and the contents of the messages themselves - for up to six months. The norm on storage of the contents of the messages of communication operators also comes into force on July 1, 2018, and the requirements for it should have been prescribed in a separate government decree.

This government decree was issued in the spring of 2018. Telephone traffic should be stored for six months. But in the case of data traffic, the government compromised.

It will need to be stored on October 1, 2018. The telecom operator will have to highlight the containers for storing such traffic and hand over the corresponding system to Roskomnadzor and the FSB. The volume of the container will have to correspond to the volume necessary for the storage by the operator of the traffic of their subscribers for the month preceding the delivery of their system to them. Each year over the next five years, the capacity volume will increase by 15%.

The term Ori was introduced into the legislation in 2014, when a package of “anti -terrorism amendments” was adopted with the participation of Senator Irina Yarovaya. SHI means sites and services that allow users to communicate Internet users, with the exception of sites for personal and family needs.

Initially, the law demanded that they store data on the territory of Russia on actions performed by Russian users within six months. Then a government decree was adopted, detaining the requirements for storing information.

It was found that Russian users are users authorized from the territory of Russia, registered from the territory of Russia or registered using Russian identifiers (passports, nomers of cellular phones, etc.). Also, Russian law enforcement agencies themselves can inform Ori, which users should be considered Russian.

Ori should store and transfer to Russian law enforcement agencies registration data on Russian users, information about the facts of their authorization, transferred and received by them, the paid services provided by them and the payments made.

In 2016, a new anti -terrorist package of bills was adopted, the co -author of which was also acted by Irina Yarovaya. The document received the informal name “Spring Law” (or “Spring Pack”). According to him, Ori should store data on the correspondence of Russian users within a year. Also for up to six months should be stored the contents of the messages themselves.

We are talking about all types of messages: text, photos, videos, images, sounds, etc. The norm on storing the contents of messages is the most expensive for Ori and large Russian Internet companies opposed its adoption. As a result, the law states that this norm will enter into force only from July 1, 2018, and the government will establish requirements for the volumes and shelf life.

In addition, in the case of the use of HRs, the technology of key exchange technology to encrypt messages between users obliged the law to provide special services for decryption of such messages.

Meanwhile, if the activities of telecom operators are licensed, then it is more difficult to regulate the work of Ori. The Register of Ori Roskomnadzor entered in the fall of 2014, but at first only Russian services were included in it. For refusing to register in the Ori Register, the law provides for a punishment in the form of blocking access to the resource from the territory of Russia, but at first Roskomnadzor did not punish foreign sites for ignoring the requirements for the ORA register.

The first foreign services began to be included in the Ori Register in early 2017. Then the first foreign services were blocked, which did not enter this register. At the same time, Roskomnadzor did not apply any sanctions in relation to such large services as Facebook, Twitter, WhatsApp, Viber, Skype, etc., although they are not in the register.

The most loud was the story with Telegram. In 2017, the head of Roskomnadzor Alexander Zharov warned him about the blocking. After that, the creator of Telegram, Pavel Durov, agreed to register in the Ori Register, but he assured that he would not give access to user correspondence.

Then the FSB requested from Telegram the keys for decryption of messages of a number of its users. In connection with the refusal to fulfill this requirement this spring, Roskomnadzor began blocking Telegram. However, the messenger himself manages to bypass.

The head of the public organization Roskomsvoboda Artem Kozlyuk notes that so far the ORA register has worked opaquely:

“Most likely, it will continue, and all stories with obtaining data from users will be decided by“ telephone law ”. In this regard, the story with the Swiss messenger Threma is indicative: Roskomnadzor included it in the ORA register, but the service itself said that the legislation of Switzerland, in principle, would not allow it to transfer data on its users. ”

Ori themselves, regarding the government’s decree, give a rather cautious comments.

According to one of the market participants, the government’s decree on Ori agreed much longer than the document for operators, since "no one understands how to implement it." “If there are licensing requirements for operators, they can at least somehow oblige them to purchase expensive SORM equipment, then there are no such requirements for Ori. Those who are not licenseds cannot be obliged to fulfill this law, you can only scare the blocking in Russia, ”he said, at the same time recalling that the regulatory legal acts have not yet been adopted, which would describe what responsibility the operator or or for the failure to fulfill the requirement of the“ Yarovaya Law ”will be carried out.

The founder of the Roem.ru site included in the register, Yuri Synodov, said that the decision was not a surprise for him. “Messages are stored, they are public. We simply do not have the rest, ”he said. He does not see much difficulties in the requirement of storing information and the owner of Liveinternet.ru (also included in the ORA register) German Klimenko, who until recently held the post of adviser to the President of Russia. “No surprises. Probably, some difficulties may have those services where there is a voice. Usually it is not stored. Text data stores everything, and sometimes much longer than determined by the government, ”Klimenko said.

The STAS Social Network, Email services Yandex, MAIL.RU Group and Rambler, Telegram, Wechat.com, Snap, Viber Messengings, dating sites Badoo.com, Mamba.ru and other Internet sites are also included. Representatives of MAIL.RU Group, Yandex, Rambler, Viber and Badoo did not answer the questions of journalists related to the decision.

Dmitry Medvedev signed a government decree obliging the Internet company in the framework of the Yarovaya Law from July 1 to keep user information for six months and provide it at the request of the special services

https://t.co/6rugrsdlhk

- Meduza (@Meduzaproject)

June 28, 2018

The capacity of Internet traffic storage operators should annually increase by 15% over five years. Data can be stored on servers of other operators, but by prior coordination with the FSB. Operators are required to begin to store Internet traffic from October 1, 2018

Only for one MAIL.RU Group, one-time capital costs for the implementation of the project will amount to $ 1.2-2 billion, which is about three times higher than the annual revenue of the group, the company's internal documents said, which journalists got acquainted in 2016, when the amendments of Yarova-Ozerov were still considered by lawmakers. The company expected that its additional operating costs would amount to about $ 80-100 million every year. Another $ 35-40 million will be required to finalize the software, which is necessary to store user information, predicted MAIL.ru. For the refinement of the MAIL.RU Group information systems necessary to fulfill the requirements in Yarovoy’s amendments, it will take 3-5 years, the document said.

Forecasts of expenses for the implementation of the Yarova Law have already been published by the largest Russian communications companies. Megafon estimated the costs of this law at 40 billion rubles. For five years, and Vimpelcom - in 45 billion rubles. For the same period. This year, Vimpelcom plans to spend 6 billion rubles, and MegaFon-7 billion MTS for five years will have to invest only about 60 billion rubles, expenses for 2018-2019. It will be known when the purchases of the necessary technical solutions and equipment are completed, the company said in May of this year.

Regional operators are also very carefully commenting on the resolution of the Cabinet of Ministers, only making it clear that they will have to fulfill the requirements of Federal Law 374-FZ in any case.

The entry into force of the "package of Yarova" will certainly affect investments in the telecom, but even in this matter the opinions of analysts diverge.

Sergei Drozdov, an analyst with Finam Group of Companies believes that the telecommunications sector does not have serious growth potential, primarily because of the Yarova Law, the execution of which leads to additional expenses of operators. “There is no doubt that this is a negative long -term factor that will ultimately reduce their future profit,” Vitaly Manzhos agrees with him. From a technical point of view, the MTS shares are the worst of all: “Objective signals in favor of medium -term purchases of these papers are not yet available. Moreover, over the next days they can continue to slip to strong annual support located in the region of 250 rubles. ”

But there are other opinions. Stanislav Kleshchev believes that in general, a positive moment for purchases is now developing in the telecom sector. “This also applies to Rostelecom, which received a new impulse for movement up and a megaphone, which overcame the level of 500 rubles per share, and, it seems to us, well -scored in the region of 260 rubles of MTS shares,” he says.

We will remind, earlier it became known that a number of operators warned users about raising tariffs in connection with the entry into force of the "package of Yarova". Small providers turned out to be especially unprotected, for which the acquisition of capacities for storing and processing user traffic is an unbearable task.

Potential beneficiaries, that is, contractors for creating systems for the implementation of the Yarovaya Law, will become current manufacturers of SORM (system of operational-search measures). The largest players in this market are “Citadel”, “Norsi-Trans” and “Orion” (previously called “Special Technologies”).

Manufacturers have not yet given public assessments of the cost of information systems for the execution of the Yarovaya Law. Only the St. Petersburg Provider LLC Telecopas (the Comfortel brand) announced that for it the cost of introducing a database system would be 36.9 million rubles. on 10 Gb/s the total peak traffic of the network (excluding voice data). These expenses have already begun to transfer to subscribers: at the end of May, Telecopas informed customers about the increase in the monthly fee for communication services by 8% from July 1, 2018. Er-Telecom also began to increase tariffs by 10%, which occupies 11% of the Russian broadband Internet market.

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