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RUSSIA: The Supreme Court protects online privacy

------- Forwarded message follows ------- Date sent: Thu, 28 Sep 2000 01:54:41 +0400 From: "Sergei Smirnov" <moscow@hro.org> Subject: RUSSIA: The Supreme Court protects online privacy To: <gilc-plan@gilc.org> Send reply to: 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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