Ministry of Internal Affairs of Ukraine plans to monitor the Internet at the expense of operators and Internet providers

    imageAs it became known, last week the State Committee for Entrepreneurship from the Ministry of Internal Affairs “quietly” received another bill, which, by amending article 39 of the Law “On Telecommunications”, makes telecommunication operators and Internet providers “junior assistants”.

    Most know that all operators and providers should “monitor” their subscribers in terms of who visited where and when, and provide them at the request of a court or request from investigators. It turned out that this is not enough, and in addition they decided that they need to know all the information about the subscriber and offer to introduce the following rules into the bill:

    Article 39. Obligations of telecom operators and providers
    4. Telecommunication operators are obliged to install, at their own expense, the technical facilities on their telecommunication networks that are necessary for the authorized bodies to carry out operational-search measures, conduct tacit investigative (search) actions and provide temporary access to things and documents that contain information about the connection to the subscriber, the provision of telecommunication services, including the receipt of services, their duration, content, transmission routes, etc., and ensure that these technical means, as well as within the scope of their authority, to facilitate the conduct of operational-search measures, tacit investigative (search) actions and temporary access to the specified information using information and telecommunication systems and preventing disclosure of organizational and tactical methods of their conduct. Telecommunications operators are required to protect these technical equipment from unauthorized access.

    For operators and providers, this means that non-children's costs for equipment, personnel, protection of equipment from unauthorized access, staff training, and security can wait for them. This is an additional lever of influence from the regulatory authorities, another reason for the district police officer to come and check something, for the next “hang-up” the operator who did something wrong there will be guilty. I am silent about constant requests from it is not clear who is not clear why.

    It’s even more fun for subscribers, because besides where you went, now they want to write what you downloaded, what you viewed, what you wrote. God forbid you write something bad against the authorities, do not even think about uploading a photo that degrades the honor and dignity of an official. You watched a movie online yesterday and didn't pay? Have you downloaded the music? Do you use torrent ??? Yes, you are not a citizen, you are a criminal, and you will answer for it. It is necessary to answer, but again a handful of "chosen ones" will answer. I’m silent about confidential data, they are no longer there, since they are already stored somewhere, and we understand that in our realities this is the same as simply telling them to someone, albeit in secret.

    It is not even the fact of such an event that is surprising, but the fact that such a question is not submitted to the public in Tihari without the consent of the public and organizations that represent this market segment.

    PS As far as we understand, they want to push it through as an irregular act. Therefore, it was not published anywhere. As far as it is known, this bill was not sent to the NCCIR.

    For those who doubted the authenticity of the information, a letter from the Internet Association of Ukraine -


    Today (May 23, 2013) a meeting was held at the State Enterprise on 2 issues:
    1 ) on the RFP on sharing the infrastructure of telecom networks
    2) on the RFP of the Ministry of Internal Affairs under article 39 of the Law of Ukraine On Telecommunications.

    InAU previously wrote letters on these topics to the State Enterprise:

    1) Sheet No. 74 of April 29, 2013 p. Governing State Enterprise on the Draft Law of Ukraine “On Housing and Telecommunications Infrastructure Infrastructure”
    2) Sheet No. 89, May 21, 2013 p. The Government has been regularly introduced before the Law of Ukraine “On Telecommunications”.

    The meeting was attended by representatives of InAU, USPP, major operators, the delegation of the NKRZI headed by I. Sirotenko.

    The meeting was led by M. Brodsky (from the middle). All sides made their arguments twice - before the arrival of M. Brodsky, then again for him.

    As a result, M. Brodsky decided to satisfy all the requirements that were put forward by InAU:

    1) the refusal to coordinate the memory of the joint use of infrastructure due to its bias towards regulating the active operator infrastructure instead of regulating access to the BRM, and returning the document to the NKRZI for revision;
    2) recognition of the draft law of the Ministry of Internal Affairs under article 39 of the Law of Ukraine On Telecommunications, as a regulatory act: and, accordingly, sending it for public discussion.

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