Internet Freedom Index for October: Fines Replace Blocks
The Internet Protection Society has noted a shift in the approach to internet regulation in Russia, moving away from technical blocks and criminal prosecution for reposts, toward regulating the internet and IT sector through fines. The latest Internet Freedom Index, analyzing events reviewed by experts, was presented by the Internet Protection Society (IPS). The study showed only a slight drop in the Index—just 4 points—attributed to a kind of “forced liberalization” of internet regulation. According to IPS Executive Director Mikhail Klimarev, “decision-makers in the government have realized that technical blocks don’t work, and repressive measures only irritate public opinion.” Authorities have drawn certain conclusions, leading to a clear trend away from technical blocks and criminal prosecution for reposts, toward “punishment by ruble.”
Klimarev also believes that “the future logic of regulation will now develop toward fines for content creators (such as bloggers), internet platforms, and telecom operators. Moreover, the fines will become increasingly severe and tied to revenue.”
IPS noted several concerning trends that emerged or continued in October, such as the adoption of nine laws on the development of the digital economy, which, according to experts, “aim to regulate the unregulated and, of course, to prohibit something.” There is also concern about the inadequate approach of some lawmakers to regulating “Big Data.” The activity of Irina Yarovaya was also mentioned, as she proposed a 12-year prison sentence for online sales of counterfeit medicines.
Despite a partial liberalization of anti-extremist legislation dictated from the very top, law enforcement continues to prosecute Russians for online posts. For example, the Ministry of Internal Affairs opened a case over a photo of a police officer in a Nazi helmet. October also saw Russia’s first officially documented internet governance shutdown, when, amid mass protests in Ingushetia, telecom operators cut off mobile internet. Experts note, “there’s reason to believe this won’t be the last such case.”
“Another important development,” IPS reminds in its report, “is that the Ministry of Justice is proposing criminal liability from age 16 for inciting children to violence via the internet. This is a clear clinical case. But so far, the ‘ambulance’ hasn’t reached the specific officials who proposed it. We’ll be watching.”
Additionally, experts note that the news agenda is full of surveillance and proposals for new punishments, but IPS specifically points out what’s missing from the report: “There’s not a single event about the ‘Yarovaya Law’ implementation, which was supposed to happen on October 1. It didn’t happen—just as we predicted. It’s a technically unfeasible project dreamed up by not entirely healthy lawmakers.”
IPS reminds internet companies and providers that political work to protect your rights and dignity is being done by a very small group of people who care. “If you don’t stand up for your own business and industry, soon you’ll have neither. Something needs to be done, not just giving polite speeches at conferences in front of officials. Public pressure is a proven mechanism for improving the situation, as our Index shows. Take action!”
Key Events of October According to IPS Users
- Central Bank’s Anti-Fraud Measures Violate Communication Privacy
The “big three” telecom operators—MTS, MegaFon, and VimpelCom—notified the Central Bank (CB) of their concerns over a new directive on information sharing with banks about cyberattacks. The CB plans to collect a wide range of data on cyberattacks, including device information used in attempted thefts—IP address, subscriber number (IMSI), and device identifier (IMEI). Banks must provide this data to the CB “if technically possible.” The regulator also plans to share some of this data with banks to help fight fraud.
While important, this is not new—CB’s attempts to regulate telecoms have appeared in the Index before, and IPS experts believe this is not the end of the story. “The problem of payment fraud is massive and must be addressed. IPS hopes the right solution will be found, especially if the process is transparent and open, not as usual—‘behind closed doors.’ Only transparency will do,” the report says. - Ufa Activist Sues VKontakte for Cooperating with Law Enforcement
Liliya Chanysheva, a 36-year-old activist and head of Alexei Navalny’s Ufa office, filed a lawsuit in St. Petersburg’s Smolninsky Court against VKontakte, demanding the social network’s actions in handing over her personal data to law enforcement be declared illegal.
This is essentially the first case of holding an internet corporation accountable for improper disclosure of user information. Experts viewed the event positively and with optimism. “A good, proper story. The more public, legal resistance to lawlessness and absurdity, the easier the recovery,” said Vladimir Kharitonov, Executive Director of the Association of Internet Publishers. The only question is the court proceedings, which do not inspire confidence. But the precedent is important, and there should be many more such lawsuits. - Yandex Agrees to Remove Pirated Content Without Court Order
After a meeting at Roskomnadzor, Yandex agreed to remove links to pirated content from search results upon request from copyright holders, not just by court order. The removal mechanism will take effect once Yandex and rights holders sign an anti-piracy memorandum (which has now been signed).
This event ends a three-month standoff between rights holders and internet corporations. “It’s hard to say who won, but rights holders pushed the decision through with the help of ‘influential people,’” says IPS. “The challenge is that with blocks, traffic will also drop—not immediately, but over time. We’ll be watching.” - Russia Begins Dropping Criminal Cases for Online Posts
Pavel Chikov, head of Agora, noted that despite minor changes to Article 282 of the Criminal Code, there is a clear trend toward easing the state’s grip on online publications. Recently, the Investigative Committee in Krasnoyarsk dropped an extremism case against 35-year-old Andrey Bezborodov, accused under Article 282 for posting images on VKontakte. The investigator deemed his actions insignificant since none of his friends “liked” the images.
Another positive event, this is a real victory for civil society over the wild practice of handing out prison terms for online speech. However, experts are concerned that it will now be much easier to “punish with fines.” This is the general trend: “The repressive apparatus is shifting from prison terms to fines.” “This should be written in bold as a long-term trend in our observations,” IPS emphasizes. - Government Will Not Legislate Net Neutrality
The government believes there is no need for legislation on net neutrality—the ban on speeding up or slowing down access to certain internet services and sites. This was reported by Aliya Samigullina, spokesperson for Deputy Prime Minister Maxim Akimov, who oversees digital economy issues. She claims there are mechanisms to address individual cases of market discrimination. The issue was reviewed at the request of Prime Minister Dmitry Medvedev.
“Net neutrality” is not an easy principle to regulate. IPS believes the regulator does not fully understand it, and even experts had mixed opinions, resulting in a “mostly negative” but close-to-neutral assessment. Artem Kozlyuk, head of RosKomSvoboda, described the situation: “Net neutrality is extremely important and has been informally observed in Russia, though there are no special laws. However, top managers at some telecoms, like MegaFon and Rostelecom, are pushing to abandon this principle, which is worrying. But that doesn’t mean we need rushed legislation—recent years have shown that IT laws are often poorly crafted and can disrupt the industry’s self-regulation.” - Putin Increases Penalties for Refusing to Retract False Information
President Vladimir Putin signed two federal laws increasing penalties for refusing to stop spreading or retracting false information by court order. The documents were published on the official legal information portal. Those who refuse to comply face fines up to 20,000 rubles; officials up to 50,000 rubles; and legal entities up to 200,000 rubles. Repeat offenders can be arrested for up to 15 days.
Experts rated this event negatively. It’s the second event this month where authorities shift from criminal to financial repression. Some experts call this the “law against Navalny,” which is obvious. Now, authorities can easily bankrupt any online publication with a court decision. This is a major trend of 2018. - FSB Calls for Cyber Space to Be Controlled by Security Services
Sergey Smirnov, First Deputy Director of the Federal Security Service (FSB), stated that cyberspace must be under the control of security agencies to ensure safety. “For us professionals, it’s long been clear that cyberspace must be under the control of competent authorities. Without this, it’s impossible to guarantee proper information security and counter modern terrorist threats,” he said after a meeting of the SCO Regional Anti-Terrorist Structure in Bishkek.
This event was unexpectedly chosen as important by respondents. Clearly, “cyberspace control” is crucial for security agencies. “They dream of tighter control,” writes IPS. “But a statement from a high podium is just a position, not news.” Experts rated this negatively, but doubt the agencies will actually gain such control.
The least important event, according to experts, was Roskomnadzor’s attempt to engage with users by creating an account on The Question portal. Even in “unimportant events,” the report notes, Roskomnadzor again demonstrated its own unique understanding of the Russian Constitution. IPS summarizes that there’s no point quoting expert comments, as “you can guess their content yourself.”