Greetings, my dear readers. Galiulin Ruslan is in touch. Today we'll talk about how we are pinched on the Internet. On June 24, 2016, the State Duma adopted the "Yarovaya package" - the "anti-terrorist act", which was drawn up by Irina Yarovaya and Senator Viktor Ozerov.

Even before its adoption, it became one of the most discussed topics in the Russian-speaking segment of the Internet, and a little later they started talking about it abroad, mainly emphasizing the complexity and radicalism of the amendments that are supposed to be made.

After the adoption of the package, those who were categorically opposed to all the changes that it should make to the legislation remained hopes that the President of the Russian Federation, Vladimir Putin, would not sign it, but this happened on July 7. And on July 20, 2016, the Yarovaya package (most of the amendments) came into force.

This news caused widespread resonance among ordinary users, representatives of companies that will be affected by the changes in the law, and even among the world community. So, by the way, Edward Snowden, a former CIA officer who received political asylum in the Russian Federation, on the day the law was signed by the Russian president, said that it was "a dark day for Russia." According to him, the changes will entail spending in the amount of more than $ 33 billion.

What does the Yarovaya package mean and its main provisions

First of all, about those laws that do not require significant costs, but simply change the legislation:

• Now the citizens of the Russian Federation are obliged to inform the authorities about the impending terrorist attacks, riots and other types of crimes. Otherwise, those who withhold information may be deprived of their will for up to one year.
• The behavior of ordinary users on social networks is now equated to the media in terms of responsibility. For calls to terrorism or extremist activities, justification of such actions, a person can be deprived of his will for up to 7 years. By the way, a call is not only your own post or comment, but any kind of content, including images that can be copied from someone else's accounts to your feed.
  In the initial version of the package, when everyone had just learned about the existence and began to learn what it was, Yarovaya's package, they found some absurd and super-radical provisions there. For the aforementioned similar actions, it was supposed to deprive people of citizenship. Service in the armies or law enforcement agencies of other countries could also lead to this. But this is such a radical law that everyone began to wonder whether or not these specific points were canceled, so that as a result, the provisions disappeared from the editorial board, without any explanation.
• Some tightening is also planned. For extremist activities in all its directions, fines and prison terms will be increased.
• Now people will also be tried for terrorist acts that were committed outside Russia, but in which the citizens of the Russian Federation suffered in one way or another.
• Earlier in the legislation of the Russian Federation there was a list of crimes for which they could be tried, starting from the age of 14. With the Yarovaya package, the number of those increased, and they included: international terrorism, riots, etc.

This list, including several not mentioned changes, can be attributed to the first category, which will primarily affect ordinary citizens. The second one is more discussed and it also includes a huge list of companies in the list of “victims”, assumes very costly changes, which were especially emphasized by the protesters.

Every citizen of our country has the right to privacy protection on the basis of Art. 23 part 1 of the Constitution of the Russian Federation, and its violation entails punishment under Article 137 of the Criminal Code of the Russian Federation. And what do we have? Our rights will be crossed out and everyone who is not lazy will follow your every step freely, since you and I live in a country where loot decides everything. If you have money, then you can find out all the personal information of your neighbor, and in the worst case, using the information of a person, you can not substitute sickly.

Remember the scandal in America when the FBI demanded to give the keys to hack iPhones, but after the refusal it was still hacked. Then what kind of protection are we talking about?

Yarovaya package for companies and billions of dollars in the budget

As the main theses, it should be said that now, with the adoption of the law, telecom operators and "organizers of information dissemination", which include social networks, instant messengers, news portals, must store all information about calls, correspondence on the Internet, messages for six months. It means, directly, the content. Meta-data - service information, should be stored even longer - for 3 years. And those same distributors are committed to helping federal agencies decipher messages.

If the first 2 changes affected most of all large companies, which immediately focused on how many times the cost of servicing ordinary consumers would have to be increased, the latter was heavily criticized from individuals, in particular, Pavel Durov, the creator of the secure Telegram messenger, who is known its firm position in relation to cooperation with any state forces.

And what does the Yarovaya package mean for the country's budget? Immediately after the adoption of the law, expert assessments were carried out regarding how much budget would be needed for the implementation of all systems. These are very large sums, amounting to more than a third of the Russian federal budget for 2015.

Here's what Edward Snowden thinks of this package.

In addition, to build information storages in which it is supposed to save both the history of correspondence, calls, and metadata, which, as expected, is not in Russia, it will be necessary to contact foreign manufacturers, which will result in incredible amounts coming exclusively from the country. And this is very much contrary to the import substitution policy, which has been actively promoted by the authorities lately.

Unable to execute a package

Speaking about decoding information, one thing should be said here - at the moment, it is technically impossible. The fact is that both the HTTPS protocol and all modern encrypted messengers work in such a way as not to store these keys anywhere except on the devices of end users. This is how maximum security is ensured. In order to fully comply with the law, it is, in fact, necessary to develop new encryption methods and convince companies to switch to them, and this will lead to the fact that Internet security will be fundamentally violated. And the hub where all the encryption keys are supposed to be stored will become the target of hackers.

At the moment, for refusal to cooperate with federal security structures, a fine of 800 thousand to 1 million rubles is expected.

What's with the postal services

The last important change that will affect the Russian Post and individual postal companies is that they are obliged to check so that there is nothing prohibited in the parcels. Russian Post suggested that the purchase of new technologies (metal detectors, scanners, gas detectors, etc.) will need to spend about 500 billion rubles, as well as another 100 billion to ensure correct operation annually. A little later, the company said that if the government does not oblige them to make such costs, then they will simply begin to accept parcels in open form.

Having figured out what it is, Yarovaya's package, and what it means, now you need to monitor how its prescriptions will be fulfilled and whether the warnings from heads of companies and individuals will be plausible. Things didn't look so intimidating until July 7th. But when the package was signed by the president, everyone realized that it would only get worse. Will the authorities really change their desire for import substitution and will they be ready to impose higher tariffs on themselves?

These are the pies. If the material was useful, put varnishes and subscribe to the blog mailing list. See you soon.

Respectfully yours, Galiulin Ruslan.

Moscow. July 1. website - On July 1, a package of anti-terrorist amendments to the legislation (the so-called "Yarovaya Law"), signed by the President on July 7, 2016, came into force in the Russian Federation. According to the document, telecom operators and Internet companies are required to store text messages, voice information, images, sounds, videos, and other electronic messages of users for up to six months. Following the law, a list of instructions to the government was signed in terms of clarifying the storage rules.

In April 2018, the government approved the rules for telecom operators. According to the decree, which also came into force on July 1, telecom companies will be required to store audio recordings of conversations and SMS messages of users for six months. At the same time, the government gave a delay for operators in terms of storing user Internet traffic. So, from October 1, 2018, telecom operators will have to store all Internet traffic of users over the last 30 days for six months. At the same time, the capacity of technical storage facilities will increase annually by 15% within 5 years from the date of their commissioning.

The data can be stored on the servers of other operators, but by prior agreement with the FSB.

The government released the clarifications for Internet companies on June 28, five days before the law went into effect. Unlike telecom operators, Internet services have not received a grace period for storing user data. According to the decree, recordings of conversations on the Internet, text messages, video and other content sent by their users should be stored for six months. We are talking about users accessing the Internet on the territory of Russia or using the telephone of a Russian mobile operator.

The Yarovaya Law has been criticized by the industry over the past two years. Business and the state actively discussed the possibility of easing requirements in terms of volumes and terms of data storage, it was also proposed to postpone the entry into force of the law.

The obligation to store large amounts of data, some of which duplicate each other several times, requires massive capital expenditures on the part of the business, industry officials said.

Earlier, the big three telecom operators announced their assessments for the implementation of the law within five years. Megafon has budgeted 35-40 billion rubles, VEON estimates the costs at 45 billion rubles, MTS - 60 billion rubles. PJSC "Rostelecom" called it "difficult" to fulfill the requirements for the implementation of the "Yarovaya Law" due to the lack of equipment on the market. Internet companies do not provide estimates of the costs of implementing the law.

On June 24, 2016, the State Duma is likely to adopt in the second and third readings the "anti-terrorist" package introduced by State Duma Deputy Irina Yarovaya and Senator Viktor Ozerov (commonly known as the "Yarovaya package"). It contains amendments to dozens of laws that expand the powers of the state, tighten control over the inhabitants of the country and limit the rights guaranteed to citizens by the Constitution. If the law is adopted, of which there is no big doubt, the authorities will have the opportunity to deprive Russians of citizenship, not to let out of the country those convicted of "wrong" reposting, to gain access to all telephone conversations and electronic correspondence of citizens. Most of the amendments will enter into force on July 20. Meduza talks about the most important points of the Yarovaya package.

The authorities will be able to deprive people of citizenship - including for work in international organizations

On the evening of June 22, the text of the Yarovaya package for the second reading disappeared from the electronic database of the Duma. On June 23, it became known that the amendments on deprivation of citizenship were completely excluded from the documents.

The Constitution states: "A citizen of the Russian Federation may not be deprived of his citizenship or the right to change it." But if Irina Yarovaya's bill is adopted, the authorities will be able to deprive people of citizenship who have citizenship of another country or a guarantee that they will receive it.

Irina Yarovaya's bill proposes to deprive citizens of citizenship for certain terrorist and extremist crimes. In the list of these crimes there is, for example, the well-known 282nd article ("incitement to hatred and enmity") - one of those by which one can sit down for reposting a picture on a social network. Another example from the list: Article 280.1 - calls for separatism. A person convicted under one of the listed articles is deprived of his citizenship on the day the sentence comes into legal force. But only if he has the citizenship of another country or a guarantee of obtaining it.

Citizenship will also be deprived of those people with dual citizenship who go to serve in a foreign army, law enforcement or judicial authorities. Or they will - without the consent of the Russian authorities - participate in the work of international organizations in which Russia (apparently, as a state) is not represented. People from both of these categories will be deprived of their citizenship on the day they start working. How exactly this regulation will work is unknown. What in this context means "international organization" and whether those who worked in them before the adoption of the new law will be deprived of citizenship is also not entirely clear.

A direct constitutional ban on depriving Russians of citizenship is bypassed by the authors of the Yarovaya package quite simply. The constitution allows "voluntary withdrawal from Russian citizenship." It is proposed that work in international organizations or foreign government bodies be considered precisely "the voluntary expression of the will of a person, expressed in the form of actions."

At the same time, the deputies deliberately or accidentally removed one of the restrictions for those who decided to renounce Russian citizenship on a truly voluntary basis - upon a written application. Previously, if a person did not have another citizenship or a guarantee of obtaining it, he was not allowed to refuse a Russian passport; now there is no such limitation.

For non-reporting, they will also be deprived of citizenship. And put in jail. This is a new article of the Criminal Code

The new article of the Criminal Code (205.6) is called “failure to report a crime”. According to it, those who did not inform the law enforcement agencies “about the person (persons) who, according to reliably known information, prepares, commits or has committed” crimes of certain categories will be brought to justice. Yarovaya's bill introduces a list of 15 crimes, the preparation of which must now be reported in order not to end up in the dock himself: from international terrorism to an armed rebellion directed against the territorial integrity of Russia. The maximum penalty for failure to inform is imprisonment for up to one year. In addition, non-reporting is included in the list of crimes for which deputies propose to revoke citizenship. That is, inaction - non-communication will be considered a "form of action".

People who did not report the preparation and commission of a crime by their spouse or close relative are exempted from liability under the article - in this the Constitution is observed.

Introduce another article that can be used for posts in social networks

The bill increases accountability for incitement to terrorist activity and the justification of terrorism on the Internet. Now they will be equated with such appeals in the media; due to this, the punishment for calls to terrorism on the Internet will be tougher. The maximum is seven years in prison, with a further ban on holding some positions for up to five years (previously, public appeals threatened to be imprisoned for up to five years without further restrictions). And deprivation of citizenship.

The document specifies that the justification of terrorism will include "a public statement on the recognition of the ideology and practice of terrorism as correct, in need of support and imitation."

For a repost, you can not just sit down, but also become restricted to travel abroad

On June 23, it became known that the amendments banning leaving the country were excluded from the bill.

The authorities are introducing a new category of persons restricted to travel abroad. People with outstanding or unexpunged convictions for certain types of crimes will be deprived of the right to leave Russia. Some of these articles are named directly - by numbers. Basically they relate to crimes related to terrorism: terrorist attack, hostage-taking and others. The same list includes “violent seizure or retention of power”, “encroachment on the life of a statesman”, “armed rebellion”. The same amendment includes all articles of "extremist orientation" - this is a large list of articles, including those by which people are judged for posts on social networks (for example, "calls for extremist activity").

The duration of the travel ban can be calculated in years. After a person has served his sentence, for some time his conviction is considered outstanding - for example, for an article on “inciting hatred or enmity” (282 of the Criminal Code of the Russian Federation), this period is three years. Sometimes a criminal record can be removed ahead of time - for exemplary behavior, by amnesty or pardon. Under the current legislation, people can go abroad before the expiration of their convictions - immediately after the execution of the sentence (for example, after being released from prison).

Participants in an expanded meeting of the board of the General Prosecutor's Office. Moscow, March 23, 2016

Photo: Mikhail Metzel / TASS / Scanpix / LETA

Operators will keep records of phone calls and all user correspondence for months. Law enforcement officers will be able to study this data

Telecommunications operators and “organizers of information dissemination” on the Internet will be obliged to store call records (“voice information”), correspondence, images, sounds, video and other messages of users on the territory of Russia. The storage period is up to six months from the date of transfer, acceptance and (or) processing. The register of "distribution organizers" can include the owner of any resource where electronic messages can be exchanged.

Operators will have to store information about the fact of receiving or transmitting a message or calls (that is, not the content, for example, of correspondence, but only information that it has taken place) for three years. All this data will need to be transferred to law enforcement agencies if they are needed for operational work. If the bill is adopted, the document will enter into force on July 1, 2018.

The encrypted correspondence will also be read. Or make everyone refuse encryption

The deputies propose a simple scheme to combat traffic encryption: to oblige the "organizers of information dissemination" who use "additional coding" of electronic messages to provide the FSB with information that will "decode" whatever is required. For refusal - a fine: for legal entities - from 800 thousand to a million rubles. The amendments are formulated in such a way that it is not entirely clear what kind of encoding we are talking about - about encryption in instant messengers or about any site with the encrypting HTTPS protocol.

At the same time, the bill introduces into the administrative code responsibility for the use of "uncertified coding (encryption) means when transmitting messages in the information and telecommunication network" Internet "". For legal entities - a fine from 30 to 40 thousand rubles with confiscation of illegal funds.

Now only special people will be able to preach in specially designated places. Some ideas will be forbidden to preach

The authorities want to regulate the religious sphere more strictly. In the article on freedom of conscience and religion, a definition of the concept of "missionary activity" will appear. The deputies consider this activity to be more or less any religious practice outside special institutions, cemeteries, places of worship, religious schools - services, ceremonies, distribution of literature and other materials, reading sermons. “Spreading faith and religious beliefs” through the media and on the Internet is also considered missionary work.

If the Yarovaya package is adopted, only representatives of registered organizations and groups - or people who have entered into an official agreement with them - will be able to carry out missionary activities. Each missionary should have documents with certain information confirming his affiliation with a particular organization or group. They want to ban any missionary activity in residential premises, except for worship, ceremonies and rituals. Foreign missionaries will be able to work only in those regions where the organization that invited them is registered.

The authorities want to legally prohibit the dissemination of certain ideas - for example, those that call for extremism, force people to refuse medical care, give their property to a religious organization and others. For violations, administrative fines are provided - including large ones, up to a million rubles.

The Sova Human Rights Center believes that the missionary amendments threaten not only unregistered religious groups, but also those who have registration - Protestants and new Christian religious movements. Even Orthodox missionaries may face difficulties.

For some crimes, the punishment will be much harsher.

The bill proposes to significantly toughen punishments for some crimes, and most of the changes concern articles of "extremist orientation". Now there are several types of punishments under these articles: fines, forced labor, prohibition to hold certain positions or engage in certain activities, as well as imprisonment. All forms of punishment have been toughened, and especially those related to imprisonment. Yarovaya's amendments either shift up the minimum and maximum terms of imprisonment, or introduce a lower threshold for punishment where it did not exist before.

For example, according to the existing law, if a person was convicted under one of the parts of Article 282 (“incitement to hatred and enmity”), which are not related to the use of violence, he can be imprisoned for a maximum of four years, and there is no lower threshold at all. Now the deputies are proposing to introduce a lower threshold of two years, and raise the upper one to five years.

Another example is the increased punishment under another article related to extremism - “Organization of an extremist community” (282.1). For participation in such communities, they will be imprisoned for a term of two to six years (previously the maximum term under this article was four years, and the lower threshold was not set), for organizing communities, they will be punished for a term of six to ten years (it was from two to eight). In addition, the deputies increased the punishment under the articles "Organization of the activity of an extremist organization" (282.2; it was from two to eight years, now - from six to ten), "Financing of extremist activity" (282.3; it was up to three years, now - from three to eight).

Yarovaya's amendments also increase the punishment for organizing an illegal armed group: now it will be from 10 to 20 years (previously it was from 8 to 15). Another example of tougher penalties is the amendment to the article of the Criminal Code on organizing illegal migration. It abolishes all types of punishment, except for imprisonment (while the term of imprisonment remains the same - up to five years). This means that the courts will no longer be able to sentence convicted persons to fines or forced labor.

Now you can sit down for "involvement in the organization of riots"

The previous version of the Criminal Code took into account responsibility for organizing, participating, calling for riots, as well as for undergoing training to participate in them. Now the article will be supplemented with one more part: in Russia they will also be judged for "declining, recruiting or otherwise involving" in organizing mass riots. The maximum punishment under this article is imprisonment for a term of five to ten years.

Introduce an article on international terrorism

A new article will appear in the Criminal Code - “Act of International Terrorism”. It will be used to judge those who are accused of committing a terrorist act outside of Russia, as a result of which Russian citizens were killed or injured, as well as those who finance the preparation of terrorist attacks. As a punishment, the article allows for life imprisonment.

Post office employees will be forced to check the parcels

The bill proposes an amendment that will oblige "postal operators" ("Russian Post" and private postal companies) to ensure that there is nothing prohibited in the parcels. The list of prohibited items for shipment includes: money, weapons, drugs, poisons, perishable food and substances that can harm postal employees or damage other parcels. It is proposed to check the parcels using X-rays, metal detectors and other similar devices. The existing law stipulates that employees can detain and even destroy parcels with prohibited items.

There will be more criminal articles, according to which one can judge from the age of 14

The new law greatly expands the list of articles by which adolescents who have reached the age of 14 can be judged. Previously, there were 22 such trains, now there are ten more. From the age of 14, it is now possible to be tried for international terrorism; for participation in terrorist communities, terrorist organizations and illegal armed groups; for completing training in terrorism; for participating in riots; for encroachment on the life of a statesman and public figure and for attacks on persons and institutions that enjoy international protection, as well as for hijacking an airplane, train or water transport.

In addition, the "anti-terrorism package" introduces liability for 14-year-olds for failure to report a crime. In the list of criminal articles for which juveniles can be tried, "non-reporting" is the only act that is not associated with violence and threats to public order in one form or another.

On July 7, 2016, Russian President Vladimir Putin signed a package of anti-terrorist laws submitted by Deputy Irina Yarovaya and Senator Viktor Ozerov.

In the list of instructions signed by Putin together with a package of laws, in particular, the president instructed the Russian government, together with the FSB, to pay special attention to the application of "norms that will require significant financial costs" when developing regulatory legal acts.

Apparently, this is how the Kremlin fulfilled its promise to take into account the criticism voiced in relation to the “Yarovaya law”.

The Yarovaya package, which includes two new laws on the need to introduce additional measures to counter extremism and terrorism (amendments to some federal laws and the Criminal Code), signed by the President of Russia, immediately began to comment on both abroad and in Russia, and some people see there are signs of pressure on social freedoms. How justified are these accusations? Consider in this article.

Yarovaya package

What is the essence of the claims to the so-called "Yarovaya package"?

The Yarovaya package (as it was called in the press) caused a mixed reaction from the public, especially the opposition, as well as from mobile operators. Russian telecom operators immediately expressed dissatisfaction with the innovations, since their costs (in their opinion) will be increased many times, which will affect the prices of services for consumers. And the fact that the real saturation of the market is such that all calls within the network should already be free for consumers and that companies are already making big money on them due to the tacit collusion of the biggest operators, they are somehow silent.

In order to verify these allegations, Vladimir Putin instructed the Ministry of Telecom and Mass Communications and the Ministry of Industry and Trade to calculate how much the Yarovaya Package will cost to mobile operators. Ministries will also have to report on the timeframe required for the introduction of innovations.

Representatives of the liberal community who criticize the package point to tougher responsibility for the offenses already in the Criminal Code, the introduction of new and expansion of the powers of law enforcement agencies. However, even they fail to present the matter as if Yarovaya and Ozerov simply decided to come up with something like a satrap in order to stifle the democratic freedoms of Russian citizens. The country, like the whole world, unfortunately, is experiencing threats and challenges, as can be seen from the European terrorist attacks, so legislators simply act proactively in order to avoid, if possible, the need to count the number of victims in the future. Naturally, some "freedoms" for this will have to be limited, and, judging by the changes made to the draft, there was a discussion of rational ways to determine the degree of reasonableness of the measures taken.

The essence of the opponents' claims also lies in the hypothetical "rise in price" of cellular communication and Internet access, which supposedly will happen inevitably, although this business of the bigwigs of the cellular business is to decide how to change the structure of their expenses in connection with the appearance of this law. If they care about their wallets, and not about consumers, then, of course, they will charge the costs on them, but what does the state have to do with protecting public safety? Likewise, the prices for food have already risen wildly due to the introduction of the Plato system. Remember this hysteria? I was recently. And all the liberals immediately became truckers. Today all of them have become “a little bit of IT” and are preparing to hold rallies against the “Yarovaya package”.

This set of legislative changes is aimed at countering terrorism. He must give our law enforcement officers a tool. This is the meaning of these changes. They turned out to be a little damp - this, as we usually do (remember "Plato"), is. However, one should not forget what kind of cadre base one has to deal with, even if many liberals have disguised themselves as patriots (that is, they realized that they are not expected overseas and are ready to devour them at an opportunity), they have not yet ceased to be liberals - after all, stereotypes do not change at once. But one must understand that the law itself is a framework one, which means that the necessary by-laws will be adopted by the Government of the Russian Federation in accordance with the instructions of the President.

And, firstly, the president gave instructions to work out its technical implementation, and, secondly, most of the "fears and horror stories" simply do not correspond to reality.

The situation around the Yarovaya package

A general understanding of the situation will help us to understand why the representatives of the "Fifth Column" made such a loud outcry and raised such a fuss.

The bottom line is this: for 2017 - 2018, the West plans to try to implement the "color" scenario in Russia. The minimum goal is to prevent V.V. Putin or the election of a person who continues the course taken on real sovereignty. The situation in our country, according to the plans of the United States, by that time should have worsened: from the outside there are pressure on sanctions and artificially kept prices for our exports at a low level, and inside there is a liberal government, the slogan of which was voiced by a fan of California Governor Schwarzenegger: “There is no money, but you hold on ! ”, Which already today causes the just indignation of citizens.

By 2017-2018, the "Ulyukaevs" and "Kudrins" should, according to their plan, make a fool of themselves in such a way as to create grounds for dissatisfaction. The West needs a new Bolotnaya, it needs "bulk" and "Kasyanovs", it needs masses of people. The West is trying to create ground for dissatisfaction with the hands of the liberal-financial part of the government in order to organize a coup d'etat in the future. But people need to be organized, taken to the streets, brought together, taught when and where, and what to do. We need to coordinate the militants, we need to gather crowds of onlookers. And all this is done through social networks. Who (lo and behold!) Began to actively encrypt all their information.

So, the main point of the "Yarovaya package" is that American (generally all) social networks must transfer all "encryption keys" into the hands of Russian competent authorities.

That's where the howl comes from! But it will settle down as soon as the sums allocated by the Americans for "just indignation" come to an end.

And then the most important thing will begin - the implementation of the law. In the US, the NSA writes everything in general, and no one is outraged about this. Why? Because along with the order for obtaining information, the NSA gives another order - prohibiting the disclosure of the very fact of requesting and receiving information.

And when the “facebooks” refuse to comply with the Russian law, and they, according to experts, will definitely refuse to comply with it, then the moment of truth will come. Social networks were created as an instrument of politics, created in the States - this is so, even if none of us have ever thought about it. And until now, many live with the thought that a smart boy from the United States found billions so that girls can post cats, and housewives - recipes for delicious food.

So, when Facebooks refuse to comply with the law, then it will be necessary to close what refuses to work according to our laws and to give free work to those who comply with it.

The "Yarovaya package" not now, but in the future ... will rip out the sting of the tool with which the US is accustomed to overturning states (remember - Libya, Iraq, Yugoslavia, etc.)

Either their networks will become law-abiding, which means they are unnecessary and safe for us, or we simply should not have them.

But in order to understand the essence of the claims of the liberals, it is necessary to understand what changes have been made to the current legislation.

What changes have been made to the current legislation

Aiding

The concept of "complicity" was previously quite abstract and could be interpreted in different ways, but now it has been given a clear definition.

First, there is funding. Any assistance provided to a terrorist organization or a lone militant, expressed in material form and contributing to the commission of a socially dangerous crime, is considered support, that is, aiding. It doesn't have to be money. If a terrorist spent the night in a safe house for him, got a car at his disposal, hid explosives or other means of destruction in an apartment or house - all this is considered assistance in organizing a terrorist attack, and for this liability is provided in the form of a prison term of up to eight years. Someone might argue that this is too cruel?

Criminal silence

Every lawyer knows the difference between action and deed - the latter also means inaction. If someone reliably knows about the impending terrorist act, but does not take measures to prevent it (does not inform the competent authorities), then now he is also considered a criminal, however, his responsibility is not as severe as that of the direct executor - up to twelve months of imprisonment ... At the same time, we are not talking about some abstract denunciation (also called snitching), which the "champions of freedom" subtly hint at, but about a very specific list of 16 crimes, including hijacking vehicles, taking hostages, organizing an explosion in a crowded place etc. This article of the Criminal Code does not apply to the spouses and relatives of terrorists.

Talking a lot is harmful

This rule applies mainly to the media, which are obliged to monitor the published information for its secrecy. There is information that has special stamps, and its disclosure is punishable by a fine of up to a million rubles. Previously, this rule did not work due to the ambiguity and vagueness of the very concept of classified materials. In addition, the Criminal Code did not provide for a specific punishment for such actions. You can't, that's all. And what will happen if you take and print? It is now clear that. By the way, similar laws have been in force for a long time in the most "free and democratic" (as they call themselves) countries of the world.

Juvenile terrorists

Practice shows that a teenager can do something that is scary to think, especially since his psyche has not yet been formed, and the influence can be different. Responsibility for some serious crimes in the old Criminal Code comes from the age of 14, there were 22 such articles, and now their number has been increased to 32. The new list includes such offenses as a terrorist attack, membership in a terrorist organization, participation in mass riots, train hijacking or an airplane, an attempt on the life of people, etc. They, juvenile criminals, of course, are children, but this does not make the victims any easier.

International terrorist attack

Previously, this article was not in the Criminal Code, now it is and has number 361. It provides for punishment from ten years to life imprisonment. The difference between an international terrorist act and a "simple" one is that it is committed not in Russia, but abroad, but is an attempt on the health and life of citizens of the Russian Federation. By the way, there is a "trailer" to it about the preparation of such a crime (Article 205.6), which echoes the above provision on the criminal concealment of important information. By the way, recruiting Daesh (ISIS, an organization banned in Russia) and similar structures is now also dangerous, as well as organizing mass unrest. And it is better not to urge on to this either.

Private information

This point also aroused rejection of some champions of freedom, since according to it, correspondence should be checked by the Russian Post for the presence of weapons, drugs and other illegal items. Of course, we are mainly talking about parcels and parcels, correspondence today is still more often carried out in electronic form, but a decision has also been made regarding it. Initially, it was planned to store data for three years, but since this would require a sharp increase in information capabilities (up to 1.7 trillion gigabytes) and costs of 70 billion dollars, we stopped at six months. The law enters into force on July 1, 2018.

Cultists

The penetration of preachers of extremist movements into the country poses a threat to public safety. In order to conduct religious activities, special registration and special premises are required. Violators who want to involve parishioners in the streets in sects face a fine of up to 1 million rubles.

Marginal notes

As of January 1, 2014, according to Rosstat, 47 denominations were registered in the Russian Federation (there is one more line that “unites” groups of other religions). The largest of all is Orthodoxy. Despite the fact that representatives of different religious trends have been peacefully coexisting in our country for hundreds of years, the religious factor is actively used by the leading states of the world to solve geopolitical or economic problems, including to destabilize the situation. This factor cannot be ignored, it is enough to recall the history of Yugoslavia (the most acute confrontation between Serbs, Bosnians and Croats, which led to the collapse of the country in which these peoples peacefully coexisted for a long time), examples of Dagestan and Chechnya. Most military actions in the world show religious motives - the Middle East, the Balkans, Iraq, Ireland, etc.

It is known that about 200 different ethnic groups live on the territory of our country, therefore, the religious affiliation of Russians is very diverse. This situation has been typical for Russia for centuries, therefore, there is a point of view that the catalyst for interreligious clashes is not an allegedly low level of tolerance in Russian society, but socio-economic inequality, which will only increase under the influence of sanctions. In fact, it is even beneficial to social conflicts to be given a religious coloring, involving unnecessary participants in them and giving an additional target setting. Conflicts of any content, including political, can be presented in a religious shell.

There are certain facts indicating the active use of the religious factor in order to destabilize the situation in Russia.

Already in November 2014, the President of Chechnya announced the growth of radical sentiments among Muslims, as well as that massive recruiting work was launched on the Internet and in the media to attract Russians to extremist religious organizations.

The West is actively politicizing religion for its own strategic purposes, including using missionary work that has developed in our country since the 1990s. This activity is extremely active, despite the fact that "the maintenance of the family of one foreign missionary costs a religious organization 50 thousand US dollars a year." First of all, in their activities it is necessary to see lobbying of the interests of the state from whose territory they come. Thus, liberal ideology makes it possible for Western countries to defend their interests not only in the economic and political sphere, but also in the religious one.

As an example, we can cite the nature of the dynamics and localization of Protestant and neo-Protestant movements in Russia. If we trace the change in the number of their followers on the territory of post-Soviet Russia, then an increase trend becomes obvious. Between 1990 and 2014, the number of Protestants tripled.

It is no coincidence that non-traditional Christian movements are most widespread in those territories to which the United States plans to expand its influence.

The religious factor must be taken into account in politics; it has been and will be used for geopolitical purposes. However, this is a broad topic that requires separate consideration.

What are the claims of Russian telecom operators?

Mobile operators threaten to raise tariffs, social media users mourn their lost privacy, and experts argue that the new requirements of the state are technically impossible to implement. Let's see if everything is so bad.

The most scandalous element (according to media reports) of the Yarovaya Package is the ability to oblige Internet and mobile providers to store user communication data for six months. From the point of view of critics, this is terrible, unacceptable and too expensive.

Let's start with the loudest critics - mobile operators, who argue that they will have to sharply increase tariffs to offset storage costs. Their threats eloquently indicate that they are worried not about their customers, but about their wallets, since they are ready to shift the costs onto the shoulders of service consumers.

Marginal notes

The cost of storing information is actually not very large. In Russia, the "law on SORM" has long been in force (the system of technical means for ensuring the functions of operational-search measures is a set of technical means and measures intended for carrying out operational-search activities in telephone, mobile and wireless communication and radio communication networks (according to the Law "And the order of the Ministry of Communications No. 2339 dated August 9, 2000).

It's no secret that any conversations both via Skype and mobile phones are recorded - absolutely all conversations are recorded and kept by the operators for a certain time. Cellular operators have the capacity to store conversations for a certain amount of time.

According to the law on SORM, absolutely all negotiations must be written and stored within three months. During this time, cellular operators are required to provide these data at the request of the operational investigative bodies. That is, they have everything. Here it is required to increase the shelf life from three months to six. This is absolutely real.

Talk that mobile communications will rise in price are reminiscent of horror stories about the Platon system, which was supposed to lead to disruptions in the supply of products and a sharp rise in prices. Well, did it come true? In the case of the Yarovaya package, it is difficult to believe the words of our mobile operators. Moreover, the operators did not provide any substantive calculations and financial and economic justifications.

In Russia, relatively cheap mobile communications and experts suspect that the Yarovaya package is perceived as a good excuse for organizing a small cartel conspiracy and joint price increases.

Separately, I would like to remind you that the decision on what exactly needs to be stored and how much it needs to be stored has not yet been made at all. The law only allows the government to make an appropriate decision and sets the upper, maximum storage period limit - 6 months. These requirements will come into force only in two years - many of the critics spoke about this, splashing out a stream of discontent on the vastness of the information field? Apparently, no.

Moreover, the Ministry of Telecom and Mass Communications will have a decisive influence on their formulation, so that both the proposals and the submitted financial calculations by the department will be considered and taken into account.

German Klimenko, Advisor to the President on Internet Issues, believes that if media content is excluded from the storage requirements, then everything will be quite accessible to market participants, and at least 95% of all industry complaints will be removed. In general, rumors about an apocalypse in Russian telecom turned out to be, to put it mildly, somewhat premature.

Now about privacy. In the modern world, there is no and never will be. States are too closely engaged in the Internet and its use for political purposes, which means that the Internet will be regulated and users will be monitored. The only question is who will do it. Internet companies that do not want to do business with the CIA simply will not be able to carve a market niche in countries where the central intelligence agency has influence. In China, the situation is similar, and it is because of this that analogues of all popular applications and services of Western companies have been developed there. Why is Russia worse than the United States or China?

After the terrorist attacks of 2001, the Americans generally do not bother much about the legalization of their attempts to spy on the world Internet. As can be seen from the descriptions of the INCENSER and DANCINGOASIS systems used by the NSA on the basis of the Protect America Act of 2007 and the FISA Amendments Act of 2008, the NSA simply connects to the nodes of the world Internet that are available to it, analyzes all traffic in real time and saves to itself whatever the NSA is interested in. As you would expect in this process, American special services are assisted in every possible way by American IT companies, for example, the same Microsoft, whose services have encryption for everyone except the NSA. American intelligence services receive unencrypted information. With all this, the American IT industry rarely protests, and more often, on the contrary, supports the NSA in its efforts to fight for American national interests. So let's make it so that they do not do this, at least in Runet.

Marginal notes

The United States also has laws that oblige cellular operators to store all transmitted information and metadata for a certain period. They were also accepted not at the time of the appearance of mobile communications in the United States, but over time.

However, this did not lead to the collapse of the cellular industry. Moreover, there are a number of high-tech companies, for example, Google, which store not even for several months, but for years the entire amount of information of their users, including audio and video files (for example, files hosted on YouTube), data from chats, e-mails, etc. etc. And all these terabytes of information are stored on servers around the world. However, these costs do not interfere with the successful business of Google Corporation. "

Information war against Russia

And the last thing. From the point of view of the practice of information wars against Russia, we observe the typical creation of an informational reason for protests and discontent in order to use it in the framework of the upcoming election campaign. The opponents of the Yarovaya Package, and these are mainly pro-Western politicians, have an obvious goal - they need to preserve the ability of American social networks to influence the political and social situation in Russia at any cost. At the same time, keep American social networks out of any control or supervision by the Russian authorities. In fact, all the protests boil down to the fact that our overseas opponents are being deprived of one of the key tools necessary for the "color revolutions" - so they rage. And they are also worried that after the enactment of this law, all their massive agents of influence will have to be trained and supplied with real spy communication channels, and this is costly, difficult and can lead to inconvenient failures of valuable agents. So, Western opponents have used all their media and lobbying resources in the fight against the Yarovaya package. As the saying goes, the fish itself swims in the net, and we can say that the new laws will begin to be beneficial even before they come into force.

Brief conclusion: no reason to panic... The law is certainly not perfect, and it can and should be improved. But this cannot be done through Internet hysteria.

And it's time for everyone to understand that the Russian segment of the Internet needs to be kept under control, because if our state does not do it, someone else will do it, and this is clearly not in our interests.

The press secretary of the Russian president Dmitry Peskov, commenting on the adopted law, noted that the government of the Russian Federation was instructed to monitor the progress of implementation, the progress of implementation of this law, RIA Novosti reports. According to him, the cabinet of ministers should minimize the risks associated with financial costs using domestic equipment for storing information.

If some really undesirable manifestations are revealed, the government, on behalf of the president, will take appropriate measures. That is, the law was signed in tandem with the list of instructions,

Our security is more important than the profit of mobile operators, the comfort of telecom companies, as well as the interests of Western social networks and instant messengers.

And it’s good if those of them who don’t want to understand this simply leave the Russian market.

Afterword

The issues of citizenship, illegal migration, travel abroad of citizens convicted of extremism, the counter-terrorist operation regime and others are also very important, but it is very difficult to argue that the adopted laws can make life difficult for ordinary people. But failure to take protective measures in advance can overshadow it with many tragedies. Perhaps it is worth remembering this before criticizing the new "anti-terrorism package".

First, the safety of citizens is above all, and it is the state that ensures them. Because as soon as they start killing these very citizens, they will immediately start howling why the state is not doing anything to protect them. Well, when the state does something to protect them, for some reason this causes a negative reaction among many.

The second aspect: in such a matter it is necessary to master the methodology of cognition and creativity, study a fairly general theory of management and turn on the head: analyze the opinion of specialists who explain how this is done, why this is done and why, compare opinions, draw conclusions. And if the state is concerned about security, then, in our opinion, such issues should be resolved jointly. As for the cost of re-equipment of cellular communications, specific calculations should be presented so that there is no gossip and gossip. Let's hope that these costs will not fall on the shoulders of taxpayers, just because the cellular operators decide to once again "shoe" the population under a convenient pretext. And in this the state and the relevant special services should follow them.

Let's remember when such measures were introduced on the Internet, there was exactly the same cry. And as we can see, over the past 12-13 years, practically nothing has been heard about this. Because the necessary equipment has long been installed everywhere, and all traffic on the Internet is filtered and, which is typical, is recorded. So it will be this time. They are looking for a solution, we are sure.

The protection of public safety, and therefore of statehood, is what this law implies, which is not so wanted in the West.

Irina Yarovaya's scandalous anti-terrorist bills were adopted by parliament and signed by Russian President Vladimir Putin on July 6, contrary to the hopes of human rights activists and telecom operators for a presidential veto. There was little hope for a veto at all, because since 2013 the President of the Russian Federation has not exercised this right. The law could stop the Federation Council, which is extremely rare, but still uses its veto. But this did not happen either. The laws will come into force on July 20, 2016, with the exception of some provisions that come into force later.

The laws were adopted in a short time: in three months they passed the State Duma, the Federation Council, and the President of the Russian Federation.

We have already carried out, so now it makes sense to dwell on the changes that were made to the original text of the projects.

Federal Law of 06.07.2016 No. 374-FZ "On Amendments to the Federal Law" On Countering Terrorism "and certain legislative acts of the Russian Federation in terms of establishing additional measures to counter terrorism and ensuring public safety" consists of 19 articles, the initial draft was supplemented by nine articles.

The original version of the draft law No. 1039149-6 contained a rule according to which, in order to ensure coordination of the activities of federal and regional executive bodies, local authorities for the prevention of terrorism, by decision of the President of the Russian Federation, bodies from representatives of these bodies can be formed. These bodies can make decisions on the prevention of terrorism, minimization and elimination of the consequences of its manifestations. Decisions are formalized by acts of the indicated bodies and are binding. In the final version, the norm is supplemented by the power of the constituent entities of the Russian Federation to establish administrative liability for failure to comply with these decisions, if it is not provided for by federal law.

Articles 2-4 were included in the text of the bill by its authors in the process of working on it; they are devoted to the powers of the special services. The FSB and SVR are empowered to receive, free of charge, from state bodies and state extra-budgetary funds, information systems and databases necessary for the performance of their duties, including by obtaining the possibility of remote access to them.

The Federal Law "On the FSB" excludes the second sentence from the provision of the following content: "Servicemen of the federal security service are not responsible for harm caused to individuals and organizations when using military equipment, weapons, special means and physical force, if the use of military equipment, weapons , special means and physical force was carried out on the grounds and in the manner established by this Federal Law and other regulatory legal acts of the Russian Federation. Compensation for such harm is carried out in accordance with the legislation of the Russian Federation at the expense of the federal budget in the manner established by the Government of the Russian Federation. " It is assumed that the FSB itself bears responsibility (civil) for the lawful actions of the FSB servicemen, but the exclusion of the second sentence from the above norm introduces some uncertainty as to whether the FSB will compensate for the harm. At the same time, the Law retains the general provisions that state bodies, organizations and citizens have the right to demand from the FSB bodies compensation for material damage and moral harm caused by the actions of officials of the FSB bodies in the performance of their official duties.

Amendments to the Law "On Operational-Investigative Activities" introduce the receipt of computer information into the list of operational-search activities. Measures related to the removal of computer information are carried out with the participation of the FSB and the internal affairs bodies only by a court decision.

The law "On the procedure for leaving the Russian Federation and entering the Russian Federation" has been amended to exclude the issuance of an ordinary humanitarian visa to persons engaged in professional religious activities, including missionary ones. The original proposal to ban travel from Russia in the event that a citizen had a warning about the inadmissibility of violating the law was ruled out. The resonant unconstitutional article 5 of the bill, which assumed the deprivation of Russian citizenship for committing terrorist crimes, was also excluded from the law at the initiative of the authors of the bill themselves.

The question arises: when the legislators Yarovaya and Ozerov wrote the law, they did not know that another law forbids depriving a person of Russian citizenship? And if they knew, then why did they include such an odious provision in the project? Alternatively, to divert attention from other issues.

Certain provisions of the Law on Weapons have been clarified: products that are structurally similar to firearms should not contain the main parts of firearms, and in the production of such products and certain types of weapons, it is prohibited to use the main parts of not only combat hand-held small arms and service firearms, but also removed from the register in state paramilitary organizations, as well as written off (Article 6).

Major changes are being made to the law "On freedom of conscience and on religious associations": a new concept of missionary activity and a corresponding chapter are introduced into it. This chapter was not in the original version of the bill.

Missionary activity is the activity of a religious association aimed at disseminating information about its doctrine among persons who are not members of this religious association, in order to involve these persons in the membership of a religious association, carried out directly by religious associations or by citizens and legal entities authorized by them in public, when assistance of the mass media, the Internet or other legal means. Missionary activity cannot be carried out by a representative office of a foreign religious organization. However, Russian religious organizations have the exclusive right to invite foreign citizens in order to carry out professional religious activities, including missionary activities, under a labor or civil law agreement with these organizations.

The law prohibits the implementation of missionary activities on behalf of a religious association, the goals and actions of which are contrary to the law, including that which was liquidated by a court decision, or whose activities were suspended or prohibited in the manner and on the grounds provided for by the law “On combating extremist activities” or the law “ On Countering Terrorism ”. It is not allowed to carry out missionary activities, the goals and actions of which are aimed at violating public safety and public order; carrying out extremist activities and other destructive goals.

For violation of the rules for carrying out missionary activities, administrative responsibility is provided.

Article 9 of Federal Law No. 374-FZ with amendments to the Law "On Postal Communication" also appeared in the process of working on the bill. The law is supplemented by the obligation of postal operators to take measures to prevent prohibited items and substances from being sent in mail. For these purposes, X-ray television, radioscopic installations, stationary, portable and hand-held metal detectors, gas analysis and chemical equipment, as well as other devices that ensure the detection of weapons, explosives or other devices, objects and substances, for which a ban or restriction has been established, can be used. In essence, the law has fixed what is already being applied in practice by the postal security service.

The biggest resonance was caused by the amendments to the Law "On Communications". The number of amendments increased in the final document. In addition to the high-profile amendments, the law included a new obligation for telecom operators to stop, upon receipt of a request from the body carrying out operational-search activities, the provision of communication services in case of non-confirmation within fifteen days of the compliance of the personal data of actual users with the information stated in the subscription agreements. This means that all "left" SIM cards issued without specifying passport data in the contract, as well as all SIM cards used by the wrong person for whom the contract is signed, may stop working. Administrative liability is introduced for non-compliance by the telecom operator with the established procedure for identifying subscribers. Also, the law introduced the obligation of telecom operators to issue information about users and the communication services provided to them to the bodies carrying out operational-search activities.

The law retained the rule that telecom operators are required to store information about the facts of receiving, transmitting, delivering and processing voice information, text messages, images, sounds, video or other messages from users of communication services - for three years. However, it should be assumed that "information about facts" is, in fact, the so-called logs, and not the information itself. With regard to the information itself - text messages, voice information, images, sounds, video, and other messages from users of communication services - a storage period of up to six months has been established. It is important that the procedure, terms and volume of storage of the information specified in the information are established by the Government of the Russian Federation. That is, until the Government of the Russian Federation establishes this procedure, the norm will actually not be in effect. There is a two-year deferral of entry into force for this provision: it will take effect from July 1, 2018.

Similar rules for storing information with similar reservations are introduced with respect to the organizers of the dissemination of information on the Internet. In addition, providers are obliged, when using additional coding of electronic messages in electronic messages of Internet users, to submit to the FSB the information necessary for decoding received, transmitted electronic messages. How this obligation will be implemented in practice is not yet very clear.

Amendments to the Federal Law "On Freight Forwarding Activities", provided for in Article 6 of the draft law, were included in Article 12 of the adopted Law. The remarks of the Legal Department of the State Duma and the inconsistency of these norms with the subject of the law did not become an obstacle to their preservation in the text. In addition, the edition was supplemented with the rule that when concluding a transport forwarding agreement, the forwarder is obliged to check the reliability of the necessary information provided by the client (data about an individual or information about a legal entity acting as a party to the forwarding agreement), and then reflect it in the agreement. For violation of this obligation, administrative responsibility is provided, the wording has been clarified in accordance with the comments of the Legal Department of the State Duma.

Federal Law No. 375-FZ dated 06.07.2016 "On Amendments to the Criminal Code of the Russian Federation and the Criminal Procedure Code of the Russian Federation in terms of establishing additional measures to counter terrorism and ensure public safety" also doubled the number of articles in comparison with the draft - from two up to four articles. However, there are not many changes compared to the project.

By article 205.6 The Criminal Code of the Russian Federation "Failure to report a crime" takes into account the remarks of the Legal Department of the Duma: the maximum sentence has been reduced from three years in prison to one year.

V article 208"Organization of an illegal armed group or participation in it" sanctions have increased compared to what was in the project. The draft law proposed to increase the lower limits of the terms of imprisonment by 2-3 years, and as a result, the upper limits also increased by five years.

V article 282“Incitement of hatred or enmity, as well as humiliation of human dignity”, Article 282.3 “Financing of extremist activities”, the proposed uncontested sanctions in the form of imprisonment, taking into account the comments of lawyers, were replaced by alternative ones - with punishments in the form of a fine, forced labor, imprisonment.

Article 282.4“Promoting extremist activities” was not included in the final law.

The wording of the changes introduced to the Criminal Procedure Code of the Russian Federation has changed. In general, the law amending criminal and criminal procedural legislation has practically not changed in comparison with the originally introduced draft.

CONCLUSIONS

1. Yarovaya's "anti-terrorist package" was substantially revised taking into account the amendments, but this led to a tightening of the law. Among the most notorious provisions of the bill, the law did not include only deprivation of citizenship, restrictions on travel and article 282.4 "Promotion of extremist activities." All other provisions have been preserved. For example, Article 205.6 "Failure to report a crime" will be effective from July 20, 2016.

2. The law was supplemented with new norms, in particular, amendments to the law "On freedom of conscience and on religious associations", which introduces a new concept of missionary activity and a corresponding chapter.

3. The law was supplemented by the powers of the organs carrying out the OSA and the security organs to obtain remote access to any information systems and databases, as well as, by a court decision, computer information (electronic messages from individuals). Presumably, the special services already have access to information systems and computer information.

4. The noise around Yarovaya's laws began to boil down to the worries of telecom operators and Internet providers about the increase in their costs due to the need to comply with the law and jokes of Internet users on the topic “big brother is watching you”. However, with regard to "surveillance", it cannot be argued that with the entry into force of the law, something should radically change in the direction of a total violation of the secrecy of messages. It also makes no sense to be indignant at the tightening of responsibility for terrorism. It is strange that the Internet did not raise the same noise, for example, about criminal liability for non-reporting.

5. Focusing public attention on the deliberately odious and impassable provisions of the bills leads to the fact that really important, significant norms and bills that can lead to the violation of the rights of ordinary citizens (not terrorists) remain in the shadows.