Roskomnadzor Prepares Legal Grounds for Network Throttling
Roskomnadzor (RKN), Russia’s federal communications regulator, has drafted an order that would allow it, at the request of the Prosecutor General or their deputies, to “manage communication networks” using technical means to counter threats (TSPU) or by issuing mandatory instructions to telecom operators, owners of technological communication networks, or internet exchange points. These amendments, published for public discussion on October 11 on the legal information portal, clarify changes to the “On Communications” law adopted on August 8, 2024.
According to a representative of the Association of Telecom Operators, “mandatory instructions” for operators refer to the installation of technical systems for operational investigative activities (SORM), TSPU, and blocking websites listed in the official registry. TSPU equipment has been installed by all operators in accordance with the “Sovereign Runet” law, which came into force in 2019. TSPU systems monitor internet traffic, enabling the blocking and throttling of online resources. The management and maintenance of TSPU are handled by services under RKN’s control, while operators often refer to TSPU as “black boxes” since they have no access to information about traffic management on their networks.
Currently, instructions to operators come from Roskomnadzor or the Center for Monitoring and Managing Public Communication Networks (CMU SSOP), which is part of the Main Radio Frequency Center (GRChTs). This center is responsible for blocking websites via TSPU. At present, such requirements are mostly formal, according to Amelkin.
YouTube Throttling and the New Order
The draft order is being discussed amid the ongoing slowdown of YouTube in Russia. On July 12, Rostelecom notified its subscribers of possible issues with YouTube, and by late July, similar warnings were issued by other operators such as MTS and Beeline. Since August, YouTube traffic has dropped by 50%, according to the CEO of CDN Video at the MUSE conference. He noted that part of the audience has switched to other platforms like VK Video, Yandex, RuTube, and others, while some users have started using VPNs to access YouTube.
Russian authorities claim the slowdown is due to Google discontinuing support for its caching server infrastructure in Russia. However, experts suggest that RKN’s actions to block the platform using TSPU may also have affected YouTube’s performance.
There has been no official government decision to block YouTube so far. However, on August 8, GRChTs sent operators a request for information about the placement of Google’s caching servers in their networks. Additionally, RKN threatened operators who accelerate YouTube’s performance with the loss of their telecom licenses, even though the platform has not been officially blocked.
Legal and Technical Implications
Experts note that the Prosecutor General’s Office or other authorities will not be able to directly manage operators’ networks, as the diversity of telecom equipment configurations makes this difficult. Implementing such an approach would require changes to the regulatory framework, which are not yet provided for in the “On Communications” law. Currently, authorities can influence networks through TSPU or mandatory instructions, and the new order formalizes existing practices.
According to experts, this means Roskomnadzor, via the Prosecutor General’s Office, will be able to directly manage operators’ networks. Since all “throttling” and enforcement actions are considered “network management” rather than outright blocking, RKN will be able to slow down or block any resource at its discretion, without accountability or oversight. Experts also point out that among all government agencies authorized to block internet resources, only the Prosecutor General’s Office is allowed to do so without specifying the decision details or even its own name.
The Prosecutor General’s Office will receive legally sanctioned, extrajudicial access to the TSPU “switch,” marking a shift from traditional registry-based blocking to more opaque and less accountable mechanisms. IT security specialists note that the main tool for blocking will now be the activation of the TSPU “switch,” which is not subject to public oversight. This means users will not know which resources are blocked via the registry and which via TSPU, making it much harder to monitor government actions.
Experts believe that changes related to TSPU are at least three years overdue. By fall 2024, the principles of TSPU operation and their vulnerabilities have already been well studied by cyber activists, making the technology less effective for its intended purposes.