Roskomnadzor gave Telegram 15 days to transfer the FSB encryption keys

Roskomnadzor sent a notification to the Telegram messenger about the need to transmit information to the Federal Security Service to decode received, transmitted, delivered and processed electronic messages. This is stated in the message of the department.

According to the law, 15 days from the date of receipt of the notification are given for the fulfillment of the claim.

The representative of Roskomnadzor explained to RBC that in case of failure to fulfill the obligations stipulated in Art. 10.1 149-FZ, the service will send a claim to the court with a demand to restrict access to the Internet resources of Telegram Messenger Limited in Russia.

Earlier on March 20, the Supreme Court refused to satisfy Telegram's claim that the FSB's claim was illegal. "We do not agree with the decision of the court and prepare an appeal against him," lawyer Ramil Akhmetgaliyev, representing the instant messenger in the Supreme Court (quoted by Interfax), said.

Telegram can not fulfill the requirement of the FSB to transfer keys to decrypt user messages, Akhmetgaliyev said. "The company considers it its duty to preserve the privacy of users' correspondence," he added.

The lawyer also said that now for failure to comply with the decision to hand over the keys to the messenger is threatened with a fine, and the blockage is possible only in court.

The creators of Telegram believe that handing over the keys to the special services would violate the privacy of users' correspondence. A representative of the FSB said that the keys necessary to decode the messages are in themselves only an instrument and do not refer to information for which the FSB needs a court decision. This position was supported by the Prosecutor General's Office.

Earlier, in March, Vedomosti newspaper got acquainted with the text of the claim of Telegram Messenger LLP. In it, the company asks to recognize the order of the FSB No. 432, on the basis of which the intelligence service requires the messenger's keys to messages that are inoperative.

The lawyers of Telegram indicate that the order of the special service was issued on the basis of the law, which at that time (July 2016) had not yet acted: the amendments introduced by the "law of Yarovoi" came into force the day after the order was adopted. The plaintiffs also assured that the draft order did not pass public discussion, which is a violation of the legal procedure.

In June 2017, the FSB requested keys from the messenger operator to decode the messages. Head of Telegram Messenger LLP Pavel Durov said that the company will not comply with laws that are "not compatible with the privacy protection and privacy policy" of the messenger.

In October, the Meshchansky Court of Moscow found the company Telegram Messenger LLP guilty of failing to fulfill its obligations as the organizer of the dissemination of information and fined 800 thousand rubles.

Commenting on this decision, Durov said that the requirements of the FSB to provide access to the correspondence of Telegram users violate the constitutional right of Russians.

The FSB's uncontrolled access to the decryption of communications violates the provisions of the Constitution and the federal law on the secrecy of communication, the head of the Roskosvoboda public organization Artem Kozlyuk told RBC. "For the transfer of encryption keys, it is necessary to have a court decision in each case, and not just the desire of the FSB," he stressed.

The FSB wants to obtain powers that can not be controlled, Kozlyuk said: "The society can not trace whether it is legitimate for the FSB to use encryption keys - against criminals or law-abiding citizens."

Link: https://www.rbc.ru/rbcfreenews/5ab0e3b99a79477cf2540d32