ROMAN ZAKHAROV v. RUSSIA JUDGMENT
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order to achieve their aims and objectives (section 64(1) of the
Communications Act).
110. On 31 March 2008 the Moscow City Council discussed a proposal
to introduce an amendment to section 64(1) of the Communications Act
requiring law-enforcement agencies to show judicial authorisation to
communications service providers when requesting information about
subscribers. The representatives of the FSB and the Ministry of the Interior
informed those present that judicial decisions authorising interceptions were
classified documents and could not therefore be shown to communications
service providers. The proposal to introduce the amendment was later
rejected.
111. Communications service providers must ensure that their networks
and equipment comply with the technical requirements developed by the
Ministry of Communications in cooperation with law-enforcement agencies.
Communications service providers must also ensure that the methods and
tactics employed by law-enforcement agencies remain confidential
(section 64(2) of the Communications Act).
112. In cases specified in federal laws, communications service
providers must suspend provision of service to a subscriber upon receipt of
a reasoned written order by the head of a law-enforcement agency
conducting operational-search activities or protecting national security
(section 64(3) of the Communications Act).
113. The FSB Act requires communications service providers to install
equipment permitting the FSB to carry out operational-search activities
(section 15).
3. Technical requirements for equipment to be installed by
communications service providers
114. The main characteristics of the system of technical facilities
enabling operational-search activities to be carried out (Система
технических средств для обеспечения функций оперативно-разыскных
мероприятий – “the SORM”) are outlined in a number of orders and
regulations issued by the Ministry of Communications.
(a) Order no. 70
115. Order no. 70 on the technical requirements for the system of
technical facilities enabling the conduct of operational-search activities
using telecommunications networks, issued by the Ministry of
Communications on 20 April 1999, stipulates that equipment installed by
communications service providers must meet certain technical requirements,
which are described in the addendums to the Order. The Order, with
addendums, has been published in the Ministry of Communications’ official
magazine, SvyazInform, distributed through subscription. It can also be