The FSB has found a way to separate citizens from the spies
The FSB has proposed to deem illegal any device or software regardless of their appearance, “which is deliberately given quality and properties to provide the capability of obtaining information or access to it (without the knowledge of its owner)”.
This definition allows to separate the special equipment for secret surveillance from technical facilities, intended for domestic use, stated in the explanatory Memorandum to the bill published by the FSB on Tuesday on the portal of projects of normative acts.
This definition, the FSB proposes the addition of article 138.1 of the Criminal code (CC). For legal use of non-lethal weapons requires a license of the FSB. Until now, the meaning of the term “special technical means” in the legislation was not disclosed, noted in the memo. On the development of appropriate amendments to the criminal code of the FSB announced in June, six months after the annual big press conference of Russian President Vladimir Putin in December 2017.
At a press conference, the correspondent of the TV channel RT told the President the history of the Kurgan farmer Vasilev, against which opened criminal case for buying a GPS tracker to monitor the calf. Putin’s story surprised, he admitted that he “didn’t even know that there is such article”.
In 2011 the constitutional court (KS) has considered the complaint of a group of citizens convicted of trafficking of such gadgets. The COP then determined that special equipment should be considered only those that are specifically geared for the secret information, the secret which is guaranteed by the Constitution. Developed by the FSB definition of non-lethal weapons consistent with what gave the COP noted in the explanatory Memorandum.
The FSB proposed a definition will help to separate conventional farmers who purchase devices for monitoring Pets, persons who acquire such lethal weapons is actually to conduct operatively-search actions, which is illegal, said state Duma Deputy Anatoly Vyborny.
The key word in this definition is “intent,” — says the Deputy. — This is the subjective side of the offence.Anatoly Viborgets Of The State Duma
“Any crime has four elements, one of them is intent, intention: person deliberately buys the equipment for hidden filming. I think that farmers who are engaged in other issues, this definition will protect”. Difficulties with the definition of the intentions of the buyers of “spy gadgets” is not there, convinced the Election. However, “excesses performers” when buyers “spy gadgets” were detained at the time of their receipt, without waiting for the application of the devices, it is also possible to allow the Election: “From the point of view of the application of the accepted norms will always be some flaws that will nudge legislators toward the development of better standards.”
Not clear and the question of how to be referred to in the amendment software for covert surveillance — for example, if the definition of such programs in parental controls and you will not need them in this case, special certification, indicates a private detective Sergei Drykin.