[huridocs-tech] Re: Government monitoring in Russia

----- Original Message -----
From: gilc-plan@gilc.org 

On Monday, 25th of September, the Supreme Court of Russia agreed that
current implementation of SORM was unlawful.

SORM (stands for "system of operative/investigative activity") is a system
that has been installed by Russian secret service FSB (a successor to KGB)
onto telephone, cellular and Internet networks since early 90ies. The
system provided local FSB departments with instruments of remote control
over communications so any message could be intercepted. According to
Russian legislation the judge's warrant is still a must. However, with the
new SORM system secret agents have had no obligations to show any warrants
to anyone (including providers) before starting their wiretapping
activity. The company has had to pay both for SORM hardware and training
for FSB staff. Most of Russian communication companies agreed with FSB
initiative since the only alternative was to loose their licenses.

Two months ago Leonid Reiman, Russian Minister of Communications, signed
the ministerial order N 130 that implemented SORM. On August, 9 the
document was registered in the Ministry of Justice. It was sharply
criticized by online community. Pavel Netupsky, a journalist from
Saint-Petersburg, filed a case in Supreme Court against the order N 130.
On Monday this week the Court agreed that item 2.6 of the document was
unlawful and non-applicable.

Netupsky said he planned to appeal against a series of ministerial orders
but a few days ago Minister Reiman revoked those issued before N 130.
Finally the Court's decision applied only to item 2.6. In this item is was
stipulated that no information about objects of wiretapping and any
decisions that were made to switch on the SORM system can be transferred
to the communication company.

The order N 130 applies mostly to cellular, pager and telephone companies.
Internet is not mentioned but some media suggested that the order at whole
could be applied to Internet also.


Sergei Smirnov
Human Rights Network
http://www.hro.org



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