IP: Russian E-Mail Surveillance

[Dave Farber <farber () cis upenn edu>]

Thank you so much for your comments regarding Russia's SORM regulation.
I've attached a copy of the story for your information.  It should also be
posted on our web site (http://www.rferl.org) after 1:00 p.m. today, if you
want to link to the story or have others view it.


Best wishes and thanks again!


Julie Moffett
Radio Free Europe
moffettj () rferl org
-------------------------------------------------
Secret Police Lowering Iron Curtain on Internet


        Washington, Aug. 20 (NCA/Julie Moffett) -- A Russian Internet expert says
Russia's secret police are poised to implement a regulation that will
permit them to monitor all electronic mail and Internet communications in
the country without having to show a warrant.
        Anatoly Levenchuk, the webmaster of a special site devoted to educating
the public about the new regulation, told RFE/RL in a telephone interview
from Moscow that he is exposing the regulation, code-named SORM-2, as an
attempt by the secret police to return to totalitarian-style tactics.
        Levenchuk says SORM-2 -- which stands for "systems for ensuring
investigative activity" -- is an enhancement of SORM-1, a regulation
already in place in Russia.  According to Levenchuk, SORM-1, permits
surveillance of specific electronic mail or Internet communication, but
only after officials petition the courts for a warrant.
        Levenchuk says SORM-2 will permit the FSB -- the successor to the KGB --
to bypass the need for a warrant and thus be able to monitor, at will, the
electronic mail and Internet correspondence of anyone using a Russian
Internet service provider.
        Levenchuk says the SORM-2 regulation requires all Russian Internet and
network providers to install a so-called 'black box,' or special
surveillance device, in their main computers and devote a high-speed line
directly to each local FSB department.
        Levenchuk adds that the FSB will then monitor the information "as needed
and silently," without the Internet providers even knowing what material
the FSB is reviewing.
        Says Levenchuk: "There should be witnesses or some oversight of SORM-2.
For example, there should be an electronic log of all FSB activity which is
accessible to other people so they can see what the FSB is doing.
Unfortunately there is no discussion of any oversight.  The FSB wants their
surveillance to be silent, without witnesses and without warrants.  And I
am afraid of that."
        What is even more alarming, says Levenchuk, is that SORM-2 will be a
regulation, not legislation.  Therefore, it will not face review or
discussion in the Duma or by Russian President Boris Yeltsin.
        Levenchuk explains: "This regulation will have status of a ministerial
act, and needs only to be approved by the Minister of Justice.  Moreover,
the regulation will originate in Goskomsviaz (State Committee of
Telecommunications), not even in the FSB.  The act, however, is sufficient
enough to force this regulation on all Internet providers.  Because in
order for the providers to get a license, they must submit forms to
Goskomsviaz that have been signed by FSB and show they meet all the
requirements necessary."
        Levenchuk says FSB officials notified several of the major Internet
providers of the forthcoming regulation by summoning them to a meeting and
asking for their input.
        Says Levenchuk:  "Several Internet providers go to this room where five or
six FSB agents are waiting for them. The providers are completely silent
when presented with SORM-2.  I mean, this is a normal situation for us in
Russia when a dictator asks for advice.  After all, any dictator will
listen only to advice he wants to hear.  So, the providers made no comment
and, in fact, even agreed to the new proposal. I'm not criticizing them for
doing this.  Their business depends on FSB support. If FSB doesn't like
their behavior, they simply write a note to Goskomsviaz and their license
is pulled or suspended."
        Levenchuk says the FSB justified SORM-2 by saying it is necessary in order
to fight organized crime, electronic fraud, and tax evasion.
        The argument is absurd, says Levenchuk, because the mafia, and those
wealthy enough to engage in tax evasion and the sort, will use special
programs to encrypt their messages or simply dial long distance to a
neighboring country and use a non-Russian Internet provider.
        Adding insult to injury, says Levenchuk, is that the FSB is requiring
Russian Internet providers to foot the bill for SORM-2.  He says it will
cost the service providers about 1,000 dollars per month for a devoted line
to the FSB, and a one-time fee of about 5,000 dollars for computer software
to run the black box.
        Other unknown costs include maintenance and upgrades to the software,
which Levenchuk estimates may be required every six months.  He adds that
there will also be a bureaucratic burden, although the extent of which is
still unknown since the FSB hasn't said exactly how the provider will be
involved in the investigative process.
        Levenchuk says this cost will probably be passed on to the user.  He
estimates that after SORM-2 is implemented, it will raise the cost of using
the Internet in Russia by about 10 percent and likely put many of the
smaller Internet providers out of business.
        Levenchuk says he has heard rumors that SORM-2 will be implemented in
September.
        Even worse, Levenchuk fears it "cannot be stopped now."
        He adds:  "I think it will be enacted. I do not know what to do to stop
it. People here in Russia do not have a long tradition of freedom.  I think
none of the SORM enactors understand how deeply they are violating
freedoms, civil rights and the law.  Nor do the providers, or clients of
the providers, understand what precise rights will be violated by SORM.
All I can do is put the information on my web page and hope people see what
is being done in my country."
        Levenchuk seems to have been successful in getting the word out.
        When contacted by RFE/RL, Barry Steinhardt, spokesman for the Global
Internet Liberty Campaign -- a coalition of international organizations
supporting free speech on the Internet -- said that SORM-2 is a "return to
the bad old days of the KGB" in Russia.
        Said Steinhardt: "[The secret police] wants to be able to monitor all
electronic mail in order -- they say -- to get access to a few pieces.  But
given the history of Russia's misuse of the state security agencies, there
is absolutely no reason to believe they will restrict their snooping to a
few bad actors."
        The Internet Society -- an international, non-profit organization that
focuses on standards, education, and policy issues regarding the Internet
-- issued a statement to RFE/RL which says: "One of the key principles of
the Internet Society is that on-line free expression is not restricted by
excessive governmental or private controls over computer hardware or
software, telecommunications infrastructure, or other essential components
of the Internet.  We support all honest attempts to combat terrorism and
other criminal activity.  But the Internet should not be used to police
activities."
        Even Internet-savy individuals in countries neighboring Russia are outraged.
        Mikhail Doroshevich, who lives in Belarus and is the webmaster for
Internews Russia, told RFE/RL that he believes SORM not only violates the
Russian constitution, but is an indication that democracy is not so alive
and well in Russia.
                Says Doroshevich: "The vital point here is to oppose the idea of such
censorship and violation of the rights of individuals.  The users will,
certainly, try to hide information.  But why should that have to occur to
the majority of loyal citizens?  It again pushes people to be dishonest and
undermines their trust of the government since it violates the right to
confidentiality of correspondence and intrudes into the private lives of
citizens."
        Levenchuk agrees. He says SORM-2 will have a negative effect on Internet
development as a whole in Russia by causing foreigners to avoid Russian
Internet providers and discouraging regular Russian citizens from using the
Internet.
        Says Levenchuk:  "The Internet is a network of trust.  But SORM-2 will be
an invisible curtain of distrust.  It will be like an electronic iron
curtain between Russia and all others."


[end]










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