Russia is building a “digital concentration camp,” lawyers say

Yesterday, Russia's Ministry of Internal Affairs reported on the country’s first-ever criminal case involving the illegal transfer of phone numbers to third parties. On Oct. 21, security services arrested a resident of Khimki, Moscow Region, suspected of using forged powers of attorney forms to sign telecommunications service contracts on behalf of legal entities. According to investigators, he was promised 9,000 rubles ($110) for each contract processed.

The charges are based on a statute that came into effect last month. Article 274.4, entitled “Organization of activities involving the transfer of subscriber numbers in violation of legal requirements,” was added to the Criminal Code this summer and came into force on Sept. 1. The article establishes criminal liability for the transfer of numbers “for personal gain” or for the purpose of committing a crime. Those found guilty of organizing such activities may face up to three years in prison, while ordinary participants in such schemes may face up to two years.

Despite the relatively minor severity of the offense, special forces and the federal cybercrime unit of the Interior Ministry (UBK) took part in the suspect’s arrest. Lawyers interviewed by The Insider believe such actions are intended to intimidate the public. The state’s goal, they say, is to build a “digital concentration camp.”

Valeria Vetoshkina, a lawyer cooperating with the human rights group OVD-Info, told The Insider that the scale of the law enforcement operation was disproportionate to the severity of the crime:

“The scale of the operation appears demonstrative — an attempt to show that the new article really ‘works’ and will be strictly enforced. Law enforcement uses such high-profile arrests to create a preventive effect and send a public signal that the state controls the sphere of communications and the fight against anonymity. Considering the severity of the offense, the involvement of federal agencies and special forces is clearly disproportionate.

I believe what we see is an element of a broader policy of total control over communications. The state seeks to eliminate any possibility of anonymous or unmonitored communication — especially now, when messengers, VPNs, and foreign apps are being partially blocked, and a mobile number remains a universal personal identifier.”

In a comment to The Insider, lawyer Andrei Fedorkov said that such intimidation tactics have already become standard practice for law enforcement and are used not only against suspects but also against witnesses. Fedorkov also interprets the introduction of new liability and the high-profile arrest of the first suspect as the tightening of control over communications and the suppression of anonymous online activities:

“This is yet another stage in Russia's building of a ‘digital concentration camp,’ in which the security services will be closely watching every user's activities in cyberspace.”

Still, Fedorkov believes that the new charges will be applied selectively and that there is, as of yet, no reason to conclude that enforcement will become widespread:

“The language of Article 274.4 of the Criminal Code suggests that not every case of transferring a SIM card for someone else’s use falls under the definition of a crime. First, the law penalizes the ‘organization of activities,’ which implies a systematic nature rather than a one-time transfer of a number from one individual to another. Second, evidence must be presented that the purpose of such activity was to obtain material gain or to commit a crime, and that the person transferring the number had precisely those intentions.”

Finally, although the new Criminal Code article provides for up to three years in prison for “organizing activities involving the transfer of subscriber numbers in violation of legal requirements,” actual prison terms for first-time offenders are possible only under aggravating circumstances.