5/24/2019 CLFR - Russia | Global Network Initiative Article 64 of the Law on Communications also provides that a Network Operator must, at its own expense, ensure that its networks and equipment meet the technical standards required to fulfil these obligations. These standards are set out by the Ministry of Communications in consultation with the SIAs.  Network Operators are obliged to ensure that information about any of the methods used by the SIAs or specific operations remain confidential. FEDERAL LAW NO. 149-FZ DATED 27 JULY 2006 (THE “LAW ON INFORMATION”) It remains unclear in Russian law whether a company providing internet services that does not operate its own telecommunications network requires a state license to operate.  Internet services are defined in article 10.1 of the Law on Information (this article was added by an amendment to the Law on Information made by Federal Law 97-FZ dated 5 May 2014) as information technology services or software designed to accept, transfer, deliver or process electronic communications over the internet.  Furthermore, article 10.1 of the Law on Information provides that an unlicensed internet service provider (“Pure Internet Service Provider“) must provide all information requested by an SIA in accordance with a court order, as described in paragraph 1.1 above. Article 10.1 of the Law on Information places a further obligation on both Pure Internet Service Providers and Network Operators providing internet services outside the scope of their licence.  They must store information relating to the reception, transmission, delivery and processing of all electronic communications engaged in by their customers taking place over the internet for six months after these communications take place, and on servers located within the Russian Federation. RULES APPROVED BY THE DECREE OF THE GOVERNMENT OF THE RUSSIAN FEDERATION NO. 538 DATED 27 AUGUST 2005 (THE “RULES OF COOPERATION”) AND RULES APPROVED BY DECREE OF THE GOVERNMENT OF THE RUSSIAN FEDERATION NO. 743 DATED 31 JULY 2014 (THE “RULES OF COOPERATION FOR PURE INTERNET SERVICE PROVIDERS”) The Rules of Cooperation set out the terms of the relationship between Network Operators and the SIAs.  Network Operators must, within 60 days of receiving their licence to operate a telecommunications network, file an application with the regional head of the Federal Security Services, the state authority responsible for national security. After this application has been filed, a department of the regional Federal Security Service will be assigned to that particular Network Operator.  These parties will agree a plan to ensure that all network equipment will comply with the requirements under the Law of Communications for the purposes of the interception of communications, set out more particularly in the Orders of the Ministry of Information Technologies and Communications No. 6 dated 16 January 2008 and No. 73 dated 27 May 2010.  These orders do not impose any specific obligation on SIAs to inform Network Operators that they have received a court order allowing an interception to take place. https://globalnetworkinitiative.org/clfr-russia/ 2/9