5/24/2019 CLFR - Russia | Global Network Initiative ABOUT THE GNI PRINCIPLES Russia ISSUES MEDIA CONTACT PROVISION OF REAL-TIME LAWFUL INTERCEPTION ASSISTANCE FEDERAL LAW NO. 144-FZ DATED 12 AUGUST 1995 (THE “LAW ON INVESTIGATIVE ACTIVITIES”) Under article 8 of the Law on Investigative Activities, any state investigatory authority may apply to court for permission to intercept a person’s private communications.  Article 13 of the Law on Investigative Authorities defines the state investigatory authorities in Russia as including the police, the state intelligence authorities, the customs authorities and the external intelligence agencies, (the “SIAs“). The court will only grant permission for an interception where the SIA has evidence that: a crime has been or may be committed and the interception will assist with the investigation; the person whose communications are to be intercepted is preparing to commit or has committed a crime and the interception will assist the investigation; or there is evidence of a threat to national security. Article 8 of the Law on Investigative Activities also provides that private communications may be intercepted without a court order where the person whose communications are to be intercepted consents to the interception.  Consent may be sought where the interception relates to the collection of information about, for example, information leaks (including leaks of state secrets), corruption within the security services, or protection of officers of investigative authorities and their families who have assisted with operations and whose lives are under threat. FEDERAL LAW NO. 126-FZ DATED 7 JULY 2003 (THE “LAW ON COMMUNICATIONS”) Under article 64 of the Law on Communications, an operator of any licensed telecommunications network or telecommunications service provider (a “Network Operator“) is obliged to provide assistance to the SIAs in accordance with the provisions of Russian criminal law, and to provide all information requested by an SIA in accordance with a court order made under the Law on Investigative Activities. https://globalnetworkinitiative.org/clfr-russia/ 1/9