Introduced last year in the state Duma and rapidly passed three readings of the “Spring law”, obliges operators to store data about the Russians up to six months, has still not entered into force. Moreover, relevant agencies, which were to amend it, still no changes are introduced. However, these amendments — as an elective — developed by a group of students of the law faculty of Moscow state University. In the publication Life figured out how to change the “Spring law”, if the relevant departments will listen to the students.
Theoretically, the bill Irina Yarovaya, aimed at countering terrorism, should come into force in mid-2018. However, before the amendment this cannot happen. The group of students of the law faculty of Moscow state University, while not denying the need to combat terrorism, provides more gentle conditions for the transition operators in the new mode.
In particular, the amendments to the bill proposed by students (with a life), it is proposed to shift the date of enactment of the law in force for half a year — until January 1, 2020. In addition, students believe that the ongoing development of storage systems will allow operators not to invest in new data centers is too extensive. In the first year of the bill proposes to store information about calls, SMS, video calls and other connections of subscribers during the month, a year later for two months and in 2025 for six months.
In addition, focusing on an example of a Fund for universal Telecom services is a nationwide Treasury of all operators of the country, which annually receives part of funds from the profits of each operator of Russia and through which to build communication lines to remote towns and villages of the country, the students propose to create a Fund, funds from which will be invested in the national data center responsible for storing data of all operators in the country.
“A very important question is the financial part of the law, as it is a huge amount of information, respectively, such as a huge amount of space and storage that must be built to implement the provisions of the act. We want to reduce the amount of, respectively, reduced the costs of communication operators. In this regard, it will be possible to balance public and private interests”, — explained his motivation students Sergey you can find and Darina Gulzat.
Participants practice-oriented course of faculty of law of Moscow state University “School of masters” recognize that many authorities consider the idea of creating a mediator between operators and government unnecessary. However, I admit that the creation of a structure responsible for the provision of universal services for information storage, it would be logical. One of the arguments, looking quite objectively: the operator is obliged to keep the information, may go bankrupt or cease business activities for any other reasons. Where in this case is going to go away information, which he kept for the security forces? In the case that the operator will be obliged to backup data in a separate structure, the risks for the loss of the information offset.
In order for the process of selecting a company or government Agency is responsible for data storage is transparent, the students propose to transfer it to the state.
“This person is chosen by the Government of the Russian Federation on the basis of open competition. And this person concludes with operators contracts to implement their responsibilities. The amount of deductions for the implementation of this duty must not exceed 2% of their revenue during the reporting period”, — says Darina and Sergey.
“It’s important that students drew attention to the problems that remained beyond the perimeter of the discussion of the draft law with the participation of Federal players: how to organize storage for small operators and how much it will cost them. Formulated guarantee maximum costs and storage for operators under bankruptcy or liquidation. These are companies that are in the risk zone”, — commented on the initiative of students, the Director for relations with state authorities MegaFon Dmitry Petrov.
You will listen to the students of the relevant Department or not is an open question. However, while the bill Irina Spring is in a vacuum, and the attempt of students to revive the debate around the package, which just six months ago, said all operators vying, looks quite timely. Otherwise, the law will come into force on 1 July 2018 and will have to do it in the form in which it was prepared, which could put the whole of the communications industry in the country to the brink of collapse.