Law on the use of wifi in public places. The proposed size of fines for organizing public Wi-Fi networks without user identification Organization of wifi in public places

The administration of public places (cafes, libraries, schools, parks, etc.), where they give visitors the opportunity to connect to Wi-Fi, must identify their users, otherwise they will face a fine of up to 200 thousand rubles. Such a norm is contained in the bill prepared by the Ministry of Telecom and Mass Communications.

Currently, a corresponding draft law has been prepared, it is undergoing the approval procedure, - said the press service of the Ministry of Telecom and Mass Communications.

The bill provides that the provision of Internet access in public places by legal entities or individual entrepreneurs is allowed only on condition that an agreement is concluded between them and telecom operators on the identification of users and the equipment they use - phones, tablets, laptops, etc.

To identify users and the equipment they use when providing one-time data transfer services at public access points (for example, in public Wi-Fi networks), telecom operators were obliged by two decrees of the Russian government: of July 31, 2014 and of August 12, 2014, which introduced changes to the "Rules for the provision of communication services for data transmission". The user's identity is established either with the help of a document (for example, a passport), or a mobile phone number (in Russia, a contract with a mobile operator is concluded with the presentation of a document), or through a login on the public services portal.

The current law provides for liability for the lack of user identification only for the telecom operator, which will not comply with the new rules. For this, the operator faces a fine of 30-40 thousand. Responsibility for the owners of cafes, libraries, schools, institutes, parks, etc. was not previously provided. The Ministry of Telecom and Mass Communications decided to eliminate this gap in the legislation. His bill proposes to supplement the Code of Administrative Responsibility (Code of Administrative Offenses) Art. 13.32, which imposes a fine on the administration of legal entities and individual entrepreneurs for “violation of the procedure for identifying users of communication services for data transmission and providing access to the information and telecommunication network of the Internet and the terminal equipment they use” for officials from 5,000 to 10,000 rubles , for legal entities - from 100 thousand to 200 thousand rubles. In the event of a repeated violation, the fine will be already 300 thousand.

According to TMT Consalting, in Russia, 73% (about 50 thousand) of wireless Internet access points (hotspots) in public places are organized by the telecom operators themselves and 27% (18 thousand) - by the owners of public places.

The owner of a small Moscow cafe said that unknown citizens had already come to them and demanded that they be paid 1.5 thousand rubles, otherwise they would complain to the supervisory authorities and tell them that in their cafe when accessing the Network via Wi-Fi user identification occurs. The interlocutor also noted that it will be easier for them to make it so that a natural person distributes Wi-Fi in their cafe, for example, a neighbor from above can do this: the law does not oblige natural persons to identify Wi-Fi users.

And amendments to the federal law "On Communications" and the Code of Administrative Offenses of the Russian Federation (Code of Administrative Offenses), which will allow legal entities and individual entrepreneurs to be fined for the lack of identification of users of their public Wi-Fi networks. About it reported on the official website of the ministry.

For the provision of anonymous Wi-Fi, it is planned to charge a fine from 5 thousand to 50 thousand rubles. from individual entrepreneurs and from 100 thousand to 200 thousand rubles. from legal entities.

Repeated violation of the law will cost individual entrepreneurs already 10-100 thousand rubles. or disqualification for up to three years, and legal entities will pay up to 300 thousand rubles.

Administrative responsibility for such offenses is planned to be established from the first quarter of 2016.

At the same time, the very government decree No. 758 on access to the public Internet with an identity card entered into force last summer. According to the document, the telecom operator, before allowing access to the Internet, is obliged to require you to enter the mobile phone number to which the code is sent to confirm the data.

The first to comply with the requirements of the decree was the operator of the Wi-Fi network of the Moscow metro, Maxima Telecom, which at the end of February 2015 launched the procedure of mandatory user authorization via a mobile number.

As of May 2015, the registered subscriber base of this network consisted of about 4.5 million people.

However, not everyone followed Maxima's example. What caused the concern of the Minister of Communications. During the May meeting of the government communications commission, he noted that some public Wi-Fi hotspots still did not provide user identification. "Visitors to Russia's largest fast food chain still use public access to the Internet without registration," the minister complained.

At the same time Nikiforov first voiced the idea that entrepreneurs and legal entities should be responsible for user identification.

However, McDonald's, the "largest cafe chain in Russia" mentioned by the minister, decided not to wait for changes in legislation and independently introduced authorization for its Wi-Fi in all its Russian restaurants.

There is nothing negative in the very idea of \u200b\u200bovercoming anonymous access to the Internet in public places, the head of the board (IRI) believes. Especially if the issue will be resolved using a simplified identification procedure by a mobile phone number, he told Gazeta.Ru.

Klimenko also noted that there should not be any special difficulties in the implementation of the law, and the entrepreneurs themselves will not incur significant costs.

A representative of one of the Wi-Fi providers for a number of Moscow restaurants and public places also agrees with the head of the IRI board. According to him, equipping one Wi-Fi point with a mandatory identification mechanism will cost a maximum of 10 thousand rubles.

Another source in the market of Internet providers told Gazeta.Ru that in Russia today there are more than 100 thousand public Wi-Fi points and most of their owners would prefer to fulfill the requirements of the Ministry of Telecom and Mass Communications.

At the same time, the source doubted the effectiveness of user identification through a mobile number due to the abundance of illegal SIM cards on sale. “Today you can buy a SIM card without a passport almost everywhere, which makes all authorization measures pointless,” he summed up.

Last updated: 08/18/2014

AiF.ru explains how the ban on the anonymous use of Wi-Fi networks in public places will operate in accordance with the published normative act.

1. Identification of users will be the operator of communication services by documents

1. The communication service operator will identify users by documents, an account at the EPGU or through a subscriber number
Universal Telecommunications Operators * will identify users who want to use Wi-Fi in public places.
The approved government decree specifies that a telecom operator can identify users:

  • by establishing a subscriber number;
  • by identity documents;
  • by account at EPGU.

The telecom operator will have to store this information for six months.

2. Individuals organizing a Wi-Fi network (for example, in their apartment) should not identify users

The requirement does not apply to Wi-Fi access points installed by individuals (for example, a cafe, restaurant, cinema, apartment).

3. Identification can be done via SMS

Telecom operators will be able to identify users by SMS from a cell phone number. The corresponding statement was made by Head of the Ministry of Telecom and Mass Communications Nikolay Nikiforov.“Identification of users by bank card, cell number when accessing public Wi-Fi is a worldwide practice. The need to identify (Russian) users, including Wi-Fi, follows from the adopted anti-terrorist laws, "Nikiforov noted.

To connect to an open Wi-Fi in a public place, it will be enough to send an SMS from your mobile phone and receive a password in response to access the Internet. This was announced by Leonid Levin, First Deputy Chairman of the State Duma Committee on Information Policy, Information Technology and Communications.

4. Granting access by organizations

An organization that directly provides access to the Internet will have to provide its operator with a list of people who have used the Internet. Among the data that must be transferred: surname, name, patronymic, place of residence, data of the document itself. Also, organizations will have to record the time and volume of services provided. This standard can be understood as follows: if an official organization organizes a Wi-Fi network (say, for company guests), it undertakes to find out their data.

5. At some points of public access (far from everywhere) you will need to show your passport

The obligation to present an identity document is envisaged for operators of universal communication services that provide services at public access points (for example, in Russian Post offices).

See the original decree

Nowadays, wi-fi networks cover most of the territory of cities: there are access points in all public places, shopping centers, institutions. Free internet is available in subway cars and even airplanes.

However, the increasing cases of the use of open Internet networks for illegal purposes (fraudulent, corruption), the growth of terrorist activity in the world and other factors were a prerequisite for the creation of a law on the procedure for providing access to wi-fi in public places.

Basic Provisions

For the first time in Europe, a similar law was adopted in Italy, which existed until 2013. In Russia, they started talking about "Wi-Fi by passport" in 2014. Small establishments began to gradually abandon the provision of free wireless Internet access to visitors altogether.

Check out the latest amendments to Law # 152. Details

On May 5, 2014, Russia adopted Law N97-FZ, the provisions of which were reduced to streamlining the exchange of information using information and telecommunication networks (the Internet). On the basis of its provisions, amendments were made to many regulations from the field of communications and communications:

  • Federal Law No. 149 "On Information, Information Technologies and Information Protection";
  • Law N 152-FZ "On Personal Data" and others.

Amendments to the law on providing access to wi-fi in public places were developed by the Ministry of Communications and Mass Media together with several departments: the Ministry of Internal Affairs, the FSB, and the Ministry of Economic Development.

Read more about the law on the FSB in the article

Later, the Government of the Russian Federation approved a number of decrees, including a set of measures for the practical implementation of the norms of the law on providing access to free Internet in public places.

Authorization procedure in public Wi-Fi networks

According to the text of Government Decree N 758 of July 31, 2014 and N 801 of August 12 of the same year, which expanded the previous possibilities for identifying subscribers when gaining access to wi-fi networks in public places, as well as subsequent clarifications of the Ministry of Telecom and Mass Communications, identification of users of public wi networks -fi currently can be done as follows:

  • According to a document containing personal data of a person, i.e. identity document (passport, driver's license);
  • By mobile phone number;

Additionally:

  • Using data from ESIA (Unified Identification and Authentication System);
  • Through the login and password of an account on the portal of state services of the Russian Federation.

Services for identifying users of free Internet access points for wi-fi offices, establishments, shops, etc. are provided by providers and IT companies. Within the framework of large-scale restaurant chains, large infrastructure facilities (metro), etc., registration must be completed once, after which the person's personal data and information about the device are stored in the operator's database, and access is provided using the previously issued login and password.

Responsibility for providing Wi-Fi access without identification

For a long time after the amendment was adopted, there were no penalties for violation of the rules for identifying users of free public wi-fi networks. Also, the questions about who the responsibility lies - with the Internet providers or the institutions themselves were not clarified.

Disagreements arose within the departments of the executive authorities as to who and how would exercise control over the observance of the provisions of the new law. For this reason, the owners of restaurants and retail outlets were in no hurry to comply with the introduced norms, leaving open access to free Internet for their customers.

Only in July 2016, FZ-374 amended Article 13.30 of the Administrative Offenses Code of the Russian Federation on non-compliance with the requirements of the law by a person acting on behalf of the operator (owners of establishments, administration of shopping centers, etc.) or by the operator itself in terms of identifying subscribers for access to the Internet.

A person who violates the requirement to organize a wi-fi network user identification system faces an administrative fine in the amount of:

  • From 2 to 5 thousand rubles for citizens;
  • From 5 to 50 - for officials;
  • From 100 to 200 thousand rubles. - for organizations and companies.

Repeated violation a ban on the provision of free access to a wi-fi network without authentication will entail a more severe administrative penalty:

  • A fine from 10 to 100 thousand rubles or suspension from entrepreneurial activity for up to 3 years - for individual entrepreneurs;
  • The fine is from 200 to 300 thousand rubles. - for legal entities.

Download the Wi-Fi law

Even in the process of the introduction of innovations into force, many large operators stated that the requirements introduced into the law were unnecessary. By that time, the market giants had long used a system for identifying users of free wireless Internet by phone number and without concluding a special agreement with legal entities.

According to Roskomnadzor data as of August 3, 2017, violations related to the lack of a wi-fi user identification system were found in 10% of wireless Internet access points in public places in the first half of the year. For comparison, in 2015, the law was violated in 90% of cases. As noted in the department, "the results indicate a significant increase in discipline on the part of the organizers of the networks."

"On amendments to the Federal Law on information, information technology and information protection and certain legislative acts of the Russian Federation on the streamlining of information exchange using information and telecommunication networks."

Today, citizens of the Russian Federation do not visit establishments that do not have access to a wi-fi network. And precisely in order to control users who enter the Internet, the Russian Federation has adopted several legislative acts.

Today, user authorization is a prerequisite for gaining access to a free wi-fi network. According to the law, entering personal data will help to secure both the user and the owner of an institution or other institution.

Legal requirements for public Wi-Fi networks

To please users and buyers with free access to a wi-fi network is not so easy with the current legislation of the Russian Federation. The main condition for free access to wi-fi is user authorization.

This condition is described in the following statutory provisions:

  • Federal Law No. 126 "On Communication", which entered into force on July 7, 2003;
  • government Decree No. 801 "On Amendments to Certain Acts of the Government of the Russian Federation";
  • Federal Law of the Russian Federation of July 27, 2006 No. 149-FZ "On Information, Information Technologies and Information Protection";
  • Order of the Ministry of Telecom and Mass Communications of the Russian Federation No. 83 dated 04.16.2014;
  • Federal Law of the Russian Federation of July 27, 2006 N 152-FZ "On Personal Data" as amended and supplemented;
  • Rules for the provision of communication services for data transmission, approved by the Decree of the Government of the Russian Federation of January 23, 2006 N 32;
  • Rules for the provision of telematic communication services, approved by the Resolution of the Government of the Russian Federation of September 10, 2007 N 575;
  • Rules for the provision of universal communication services, approved by the Government of the Russian Federation of April 21, 2005 N 241;
  • Resolution of the Government of the Russian Federation of July 31, 2014 N 758.

According to the above legislative acts, when authorizing, the user must go through the identification of the person and his gadget without fail. Identification is required for public access to wi-fi in:

  • public wi-fi cafes;
  • bars;
  • restaurants;
  • libraries;
  • schools;
  • parks and other public places.

Legislation requires that the log of authorized wi-fi users be kept for 6 months.

The bill was developed by the Ministry of Telecom and Mass Communications of the Russian Federation in cooperation with:

  • MFD of Russia;
  • FSB of Russia;
  • Ministry of Economic Development of the Russian Federation.

According to the Legislation, providing access to wi-fi is possible in 3 ways:

  1. Agreement with telecom operators on user identification. This option is good for organizations that already had access to wi-fi or just want to install it.
  2. The operator sets up a wi-fi access network. The advantage in this case is only for the guests of the establishment - they get free access to the data transfer. The head of the establishment or building will have to pay the costs of establishing the network and for the services provided.
  3. The institution has access to someone else's wi-fi network. According to law , identification of a natural person is optional, therefore this option is the most beneficial for an entrepreneur. He can negotiate with neighbors and pay them to open a wi-fi hotspot. But it is worth remembering that if civil servants come with an inspection, then there will be many questions and it is better to secure yourself in advance.

Authorization procedure

  • with the help of an identity card - the user enters his personal data indicating the passport number;
  • using your number - in the Russian Federation, cell numbers are issued upon presentation of the original passport;
  • via login on the portal of public services.

Changes to the law on providing access to wifi in public places were made on May 5, 2014. The changes affected the item on the mandatory identification of users of wi-fi zones.

In the case of proper business conduct, the authorization procedure can bring not only losses to legal entities and private entrepreneurs, but also profit. For the user to go through the authorization process, he will need to go to the advertising page of the institution or organization. When entering data, the user may be interested in an advertisement or an offer of the company and he will remain on the page, thereby bringing the arrival of the company. It is not prohibited by law to authorize users on your advertising page.

Who is responsible for providing Wi-Fi access without identification?

Telecom operators will be responsible for providing unidentified wi-fi access. If operators fail to comply with the law, they face a fine in the amount of 30 to 40 thousand rubles.

Check out the Federal Law on labor protection

Older versions of the law did not stipulate that owners of cafes, libraries, institutions, parks and schools should be held accountable for violating the law. In the course of the latest changes, the Ministry of Telecom and Mass Communications eliminated this error and at the moment the above categories of citizens are also facing a fine for non-compliance with the rules provided for by the legislation.

The amount of the fine for providing access to wi-fi without authorization is:

  • for officials - from 5 to 10 thousand rubles;
  • for legal entities - from 100 to 200 thousand rubles.

If a citizen breaks the rules more than once, then the amount of the fine for access to wi-fi without identification will already be about 300 thousand rubles. After several warnings, law enforcement agencies have the right to disqualify and remove the offender from his activities for up to 3 years.

According to Federal Law No. 126, all legal entities and entrepreneurs are obliged to provide access to free wi-fi to their users and customers only if they have a contract with telecom operators who can identify citizens.

The introduction of a fine for free access to wi-fi without identification will protect entrepreneurs and legal entities from anonymous SMS with threats from unknown users. An individual code for obtaining free access to the wi-fi network will help keep records of all users, and, if necessary, find the right citizen.

Download the law

Federal Law No. 126 "On Communications" was adopted by the State Duma of the Russian Federation on June 18, 2006. The legislative draft was approved on June 25 of the same year. FZ-126 entered into force on July 7, 2003. The last changes to the law were made on June 7, 2017.

The amendments affected Article 66. Clauses 3 and 4 were added to it. They stipulate that telecom operators are obliged to provide their customers with equipment and all the necessary conditions for using their services. The article also states that the client should not reimburse the operator for the costs associated with the points listed in paragraph 3.

This Federal Law consists of 13 chapters and 74 articles.

FZ-126 spelled out its goals:

  • creation of the necessary conditions for the provision of communication services throughout the territory of the Russian Federation;
  • assistance in the introduction of the latest technologies;
  • protection of users of communication services;
  • effective and fair competition in the market for the provision of communication services and others.

FZ-126 also regulates relations that are associated with:

  • the creation and use of communication networks and the structures necessary for them;
  • exploitation of the radio frequency spectrum;
  • provision of electronic and postal services.

According to the provisions of FZ-126, in the competitive market of the Russian Federation, each operator has equal conditions. The state does not give privileges or benefits to anyone. Competition takes place on an equal footing between all service providers.

Do you want to learn more about the provisions of Federal Law No. 126? Download it here.

 

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