The government will finalize the law on "spy devices"

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According to Russian Prime Minister Dmitry Medvedev, technical equipment for espionage and devices used in everyday life should be delimited by law. This, according to the prime minister, must be done in order to protect the population from administrative and criminal prosecution.

“The absence of this term in the legislation led to a vague interpretation of legal norms, and those who acquired such special tools could simply be at risk just to solve everyday problems,” said Medvedev.

The government is considering a draft amendment to the criminal and administrative legislation, which makes it possible to clarify the term “special technical means intended for secretly obtaining information”. The clarification will allow to differentiate the concept of technical special means for espionage from devices that are designed for domestic use. Earlier, the amendments were approved by the government commission on legislative activities.

In November last year, the Supreme Court clarified the procedure for the application of Art. 138.1 of the Criminal Code, which punishes illegal circulation of funds for secretly obtaining information. The court ruled that the fact of illegal trafficking in “spyware devices” cannot indicate that a person was guilty of a crime in the event that the person did not intend to use the gadget for covert surveillance.

If the buyer has purchased such a device in the online store, not knowing exactly what he is buying, then this is also not the fault. In addition, according to the court, it is impossible to prosecute under this article persons who have acquired such devices for personal security, property preservation or for spying on animals, not intending to use such devices to infringe upon the constitutional rights of other citizens.

The amendment was initiated by the President of the Russian Federation, who was told about the criminal case against a farmer who ordered a GPS tracker on the Internet to monitor the location of his cows.

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