Law on the use of wifi in public places. Proposed sizes 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 allow visitors to connect to Wi-Fi, are required to 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 Communications.

At present, a relevant bill has been prepared, it is undergoing the approval procedure, - the press service of the Ministry of Telecom and Mass Communications told.

The bill provides that the provision of Internet access in public places by legal entities or individual entrepreneurs is allowed only on the 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: July 31, 2014 and August 12, 2014, which introduced amendments to the "Rules for the provision of communication services for data transmission". The identity of the user is established either using a document (for example, a passport) or a number cellular communication(in Russia contract with 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 identification of users 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 draft law proposes to supplement the Code of Administrative Responsibility (CAO) Art. 13.32, which imposes a fine on the administration legal entities and individual entrepreneurs for "violating the procedure for identifying users of communication services for data transmission and providing access to the Internet information and telecommunication network and the terminal equipment they use" on officials from 5 thousand to 10 thousand rubles, for legal entities - from 100 thousand to 200 thousand rubles. In case of repeated violation, the fine will be already 300 thousand rubles.

According to TMT Consulting, in Russia, 73% (about 50 thousand) of wireless Internet access points (hotspots) in public places are organized by telecom operators themselves and 27% (18 thousand) - by 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 say that in their cafe, when accessing the Network via Wi-Fi, user identification takes place. The interlocutor also noted that it would be easier for them to make sure that an individual distributes Wi-Fi in their cafe, for example, a neighbor from above can do this: the law does not oblige individuals to identify Wi-Fi users.

And amendments to the federal law "On Communications" and the Code of Administrative Offenses of the Russian Federation (KOAP), 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.

It is planned to charge a fine of 5,000 to 50,000 rubles for providing anonymous Wi-Fi. 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, government decree No. 758 on access to the public Internet with an identity card came into force last summer. According to the document, the telecom operator, before allowing access to the Internet, must require you to enter a number mobile phone, to which the code is sent to confirm the data.

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

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

However, not everyone followed the example of Maxima. That has caused concern of the Minister of Communications . As part of the May meeting of the government commission on communications, he noted that some public Wi-Fi access points still did not provide user identification. "Visitors of Russia's largest chain of cafes fast food still enjoy 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 identifying users.

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

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

Klymenko also noted that there should not be any particular 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 ISP market told Gazeta.Ru that there are more than 100,000 public Wi-Fi points in Russia today, and most of their owners would prefer to comply with the requirements of the Ministry of Communications.

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

Last update: 08/18/2014

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

1. Users will be identified by the operator of communication services according to documents

1. The operator of communication services will identify users according to the documents, account to EPGU or through a subscriber number
Universal Service Providers* will identify users who wish to use Wi-Fi in public areas.
The approved government regulation clarifies that the telecom operator can identify users:

by establishing a subscriber number;
according to identity documents;
account on 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 hotspots 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 via SMS from a cell phone number. The relevant statement was made 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 global practice. The need to identify (Russian) users, including Wi-Fi, follows from the adopted anti-terrorism laws,” Nikiforov said.

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

4. Granting access by organizations

An organization that directly provides access to the Internet will have to transfer to its telecom operator a list of persons who have used the Internet. Among the data that must be transmitted: last name, first name, patronymic, place of residence, data of the document itself. Organizations will also need to record the time and volume of services rendered. This standard can be understood as follows: if an official organization organizes a Wi-Fi network (say, for company guests), it assumes the obligation to find out their data.

5. At some points of collective access (not everywhere) you will need to present a passport

The obligation to present an identity document is provided for operators of a universal communication service providing services at points of collective access (for example, in branches of the Russian Post).

See original ruling

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 use cases open networks Internet for illegal purposes (fraudulent, corrupt), 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 lasted until 2013. In Russia, people started talking about “Wi-Fi with a passport” in 2014. Small establishments began to gradually refuse to provide free wireless Internet access to visitors.

Check out the latest changes in Law No. 152. Details

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

Federal Law No. 149 “On information, information technology and on the protection of information”;
Law N 152-FZ "On Personal Data", etc.

Amendments to the law on providing access to wi-fi in public places were developed by the Ministry of Communications and mass communications together with several departments: the Ministry of Internal Affairs, the FSB, 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 resolutions, 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 from the Ministry of 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 card (passport, driver's license);
By mobile phone number;

Additionally:

With the help of ESIA data ( unified system identification and authentication);
Through the login and password of the account on the portal public services RF.

Services for identifying users of free Internet access points wi-fi offices, establishments, shops, etc. are provided by providers and IT companies. As part 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 access to Wi-Fi without identification

For a long time after the adoption of the amendment, there were no penalties in the legislation for violating the rules for identifying users of free public wi-fi networks. Also, questions were not clarified as to who is responsible - on Internet providers or the establishments themselves.

In the departments of the executive authorities themselves, disagreements arose as to who and how will exercise control over compliance with the provisions of the new law. For this reason, restaurant owners and outlets they 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 Code of Administrative Offenses 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 shopping centers etc.) or by the operator itself in terms of identifying subscribers to access the Internet.

To a person who violated the requirement to organize a user identification system wifi networks, 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 providing free access to a wi-fi network without authentication will entail a more severe administrative penalty:

Fine from 10 to 100 thousand rubles or suspension from entrepreneurial activity for up to 3 years - for individual entrepreneurs;
Fine from 200 to 300 thousand rubles. - for legal entities.

Download 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 are unnecessary. By that time, the giants of the market 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 Technologies and Information Protection and Certain Legislative Acts of the Russian Federation on Regulating the Exchange of Information Using Information and Telecommunication Networks.”

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

To date, user authorization is prerequisite, to access the free wi-fi network. According to the law, entering personal data will help protect both the user and the owner of the establishment or other institution.

Legal requirements for public Wi-Fi networks

It is not so easy to please users and buyers with free access to a wi-fi network 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 Communications", which entered into force on July 7, 2003;
Government Decree No. 801 “On Amendments to Certain Acts of the Government of the Russian Federation”;
the federal law of the Russian Federation dated July 27, 2006 No. 149-FZ “On Information, Information Technologies and Information Protection”;
Order of the Ministry of Telecom and Mass Communications of Russia No. 83 dated April 16, 2014;
Federal Law of the Russian Federation of July 27, 2006 N 152-FZ "On Personal Data" with amendments and additions;
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 Decree of the Government of the Russian Federation of September 10, 2007 N 575;
Rules for the provision of universal communication services, approved by the Decree of the Government of the Russian Federation of April 21, 2005 N 241;
Decree of the Government of the Russian Federation of July 31, 2014 N 758.

According to the above legislative acts, during authorization, the user must pass 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 provisions require keeping a log of authorized wi-fi users 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:

Agreement with telecom operators on user identification. The option is good for organizations that already had access to wi-fi or just want to install it.
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 data transfer. The head of the establishment or building will have to pay the costs for the establishment of the network and for the services provided.
The institution has access to someone else's wi-fi network. In law , identification individual is optional, so this option is the most beneficial for the entrepreneur. He can negotiate with neighbors and pay them to open a wi-fi point. But it is worth remembering that if civil servants come with a check, then there will be many questions and it is better to protect yourself in advance.

Authorization procedure

using 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;
through the 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 legal entities and private entrepreneurs not only losses, but also profit. For the user to pass 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 advertising or the offer of the company and he will remain on the page, thereby bringing profit to 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?

Responsibility for providing access to wi-fi without identification will be borne by telecom operators. If operators fail to comply with the law, they face a fine of 30 to 40 thousand rubles.

Familiarize yourself with the Federal Law on labor protection

In older versions of the law, it was not provided that the owners of cafes, libraries, institutes, park areas and schools should be held accountable for breaking the law. In the course of recent changes, the Ministry of Telecom and Mass Communications has eliminated this error and at the moment the above categories of citizens also face a fine for non-compliance with the rules provided for by the Legislation.

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 violates the rules repeatedly, then the fine for accessing wi-fi without identification will already be about 300 thousand rubles. After several warnings, law enforcement authorities have the right to disqualify and remove the violator from his activities for up to 3 years.

According to Federal Law-126, all legal entities and entrepreneurs are required to provide access to free wi-fi to their users and customers only if they have a contract with telecom operators that 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 a wi-fi network will help keep a record of all users, and, if necessary, find the right citizen.

Download Law

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

The changes affected Article 66. Paragraphs 3 and 4 were added to it. They state 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.

In FZ-126, its goals are spelled out:

creation necessary conditions to provide communication services throughout the territory of the Russian Federation;
promoting the introduction of new 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:

creation and use of communication networks and facilities necessary for them;
operation of the radio frequency spectrum;
provision of electronic and postal communications.

According to the provisions of FZ-126, on competitive market The Russian Federation has equal conditions for each operator. The state does not give privileges or benefits to anyone. The competition is on equal rights between all service providers.

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

It might be useful to read: