Russian Courts Oppose Online Surveillance

[Moscow, RUSSIA] The Russian Supreme Court took issue with the
government’s controversial SORM surveillance
program, ruling this week that law enforcement
agencies must inform Internet
providers and telephone and paging companies if
they are listening in on their clients.

The case, filed by St. Petersburg journalist
Pavel Netupsky, could lead to more
far-reaching decisions declaring as illegal any
surveillance without court approval.

Netupsky challenged a Communications Ministry
decree requiring companies to
install equipment that would allow the Federal
Security Service, or FSB, and other
agencies to monitor clients.

The court ruled that a section of the decree
stating that telecommunications firms do
not need to be informed about surveillance
violated the law on communications, which
says telecom operators are responsible for
confidentiality.

Monday’s decision puts the burden to inform
clients about surveillance on the
companies themselves, and some observers were
skeptical that they would get
between the authorities and a client.

“Any Russian telecommunications company is very
dependent on the authorities,” the
Internet newspaper Gazeta.ru wrote. “Licenses,
delegation of frequencies… even
simple fire safety – the state has dozens of
levers to ensure the loyalty of the vast
majority of telecoms operators.”

Another section of the decree challenged by
Netupsky, which stipulates that
surveillance equipment must be installed at the
companies’ expense, was left intact.

Telecoms operators have been reluctant to comment
on the SORM requirements, but
Netupsky said all but a handful had complied.

“The equipment is there, has been there, and will
likely stay there,” he said.

Netupsky said by telephone from St. Petersburg
that the exact impact of the case will
depend on the court’s written decision, expected
later this week. He said that he was
hopeful the decision would state that law
enforcement agencies must have a warrant
to read private e-mails or listen to telephone
calls.

The Communications Ministry can appeal the
decision within 10 days.