Draft Law on the autonomous operation of the Runet was submitted to the State Duma on December 14, 2018, and in February . The authors are Senator Lyudmila Bokova, Senator Andrey Klishas, and Deputy Andrey Lugovoy.
For the second reading, a number of amendments were prepared for the document, including one very important. The costs of telecommunications operators for purchasing and maintaining equipment will be compensated from the budget. This was stated by one of the authors of the bill, Senator Lyudmila Bokova.
As is known, the draft law imposes new obligations on telecommunications operators and owners of traffic exchange points and grants additional powers to Roskomnadzor.
In particular, telecommunications operators are required to:
- Follow the routing rules established by Roskomnadzor.
- Adjust routing at the request of Roskomnadzor.
- When resolving domain names, use software and technical means approved by Roskomnadzor, as well as the national domain name system.
- Only use traffic exchange points from the registry of traffic exchange points.
- Promptly report to Roskomnadzor information about their network addresses, routes of electronic communications, used software and technical means necessary for resolving domain names, and communications network infrastructure.
Article 66.1 of the law 'On Communications' is proposed to be supplemented, including with the following clause:
'In cases of threats to the integrity, stability, and security of the functioning of the 'Internet' network and the public communications network in the territory of the Russian Federation, centralized management of the public communications network may be carried out by a federal executive authority exercising functions for control and oversight in the field of mass media, mass communications, information technology, and communications, in a manner determined by the Government of the Russian Federation, including measures to eliminate threats to the integrity, stability, and security of the functioning of the 'Internet' network and the public communications network within the territory of the Russian Federation. the federal executive authority responsible for the control and oversight in the field of mass media, mass communications, information technologies, and communications, in a procedure established by the Government of the Russian Federation, including measures to eliminate threats to the integrity, stability, and security of the functioning of the ‘Internet’ and public communication networks within the territory of the Russian Federation.
…
Centralized management of the public communication network is carried out by managing technical means to counter threats and/or by issuing binding instructions to communication operators, owners, or proprietors of communication technology networks, as well as other parties that possess an autonomous system number.
As stated in the explanatory note, "the draft federal law was prepared considering the aggressive nature of the National Cybersecurity Strategy of the USA adopted in September 2018."
In December, the working group "Communications and IT" of the Expert Council under the Government of the Russian Federation on the text of the draft law. According to experts' estimates, initial expenditures may reach 25 billion rubles for research and development work, the creation and maintenance of a traffic exchange points registry, the expansion of the staff of agencies subordinate to Roskomnadzor, and conducting drills. Additionally, compensation may be required for communication operators in case of disruptions in network operations, the risk of which is assessed by industry participants as high. This should be accounted for in the federal budget at a level up to 10% of the market volume, which is 134 billion rubles per year.
Initially, it was assumed that the enactment of the law would not require budgetary funds. However, it soon became clear that this was not the case. This year, the Government of the Russian Federation published a review of the draft law, criticizing the financial and economic justification presented in its accompanying note. The criticism stemmed from the fact that the sources and procedures for fulfilling this new type of expenditure obligations were not defined in the financial and economic justification.
"For now, we only know one thing — that such [budgetary] funds will be needed, and an assessment of the expenses is currently underway. Clearly, we also need to present them in dynamics. Because any management systems, protection systems are linked to the load — and to the dynamics of load and network bandwidth, which is currently growing almost explosively, with a very significant increase in traffic and power demand every year," — On February 5, Deputy Prime Minister of the Russian Federation Maxim Akimov.
And now we see how the authors solve the issue. If they had originally declared that the bill would require significant budget expenditures, the document could have been discussed in the economic committee (theoretically) — it might not have even reached the State Duma. But they stated that isolating the Runet would not require any budget expenditures. The bill was passed in the first reading. And now the authors are making amendments, stating that this initiative will indeed be funded from the budget.
Compensation from the budget is the 'only option,' explained Senator Bokova. Otherwise, communication operators will incur additional costs. 'Since the technical means planned for installation will be purchased at the expense of the budget, the maintenance of these devices should also be compensated from budget funds,' she said.
Exemption from liability
Another amendment concerns exempting providers from liability to clients if network disruptions occur due to the operation of 'special means to counter threats.'
The exemption from liability is initially provided for in the bill. However, it was unclear who would compensate for potential user losses in such cases. Senator Bokova proposes that these expenses also be covered by the state budget. In her opinion, if the possibility of compensation for losses is provided at the state's expense, 'the officials will think twice before deciding to interfere with the network.'
'Before flipping the switch — think ten times about how this will affect the networks, whether sensitive services will be harmed — telemedicine, payments, data transmission, where this occurs via the internet,' said the senator.
From the senator's recent words (about the switch), one can infer that the system is being introduced not for protective purposes, but for proactive measures by the authorities.
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Source: habr.com
