Law on the use of wifi in public places. The Ministry of Telecom and Mass Communications wants to fine entrepreneurs for Wi-Fi without identification Prohibition of Wi-Fi in public places

Today, citizens of the 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”;
Federal Law of the Russian Federation of July 27, 2006 No. 149-FZ “On Information, information technology and on the protection of information”;
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, when authorizing, the user in without fail must pass the identification of the person and his gadget. Identification is required for public access to wi-fi in:

public wi-fi cafes;
bars;
restaurants;
libraries;
schools;
parks and others in 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;
via portal login 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 profits. 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. Last changes were introduced into the law 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 of the necessary conditions for the provision of 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, 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.

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

Initially, Wi-Fi technology was focused on organizing Internet access points for mobile users. This technology provides access to the Internet for subscribers primarily in public places. Gradually WiFi networks extended to large and small offices to organize intranets or subnets.

The advantages of wireless access are obvious and Wi-Fi technology has become the de facto standard among device manufacturers. Almost all modern mobile and multimedia devices have such a useful function as Wi-Fi, but, unfortunately, public Wi-Fi can become a dangerous tool in the hands of intruders.

Legislation of the Russian Federation

May 28, 2015 at Federal portal of draft regulatory legal acts of the Russian Federation, a draft law was published prepared by the Ministry of Telecom and Mass Communications of the Russian Federation on amending the Federal Law "On Communications" and the Code of Administrative Offenses of the Russian Federation (CAO), which proposes to establish administrative liability for legal entities and individual entrepreneurs for organizing public Wi-Fi networks that did not provide identification of users and user equipment.

Penalties and obligations

According to this document, fines for individual entrepreneurs should be from five thousand to fifty thousand rubles, for legal entities - from one hundred thousand to two hundred thousand rubles. Repeated violation of the legislation on WiFi in public places by individual entrepreneurs will entail a fine of ten thousand to one hundred thousand rubles or disqualification for up to three years, and by legal entities - a fine of two hundred thousand to three hundred thousand rubles.

The bill, which was developed by the Ministry of Telecom and Mass Communications of Russia together with the Ministry of Internal Affairs of Russia, the Federal Security Service of Russia and the Ministry of Economic Development of Russia, intends to oblige all legal entities and individual entrepreneurs to provide free Internet access in public places only if there is an agreement with a telecom operator on user identification. For violation of the identification procedure, it is proposed to establish administrative liability, starting from the first quarter of 2016.

The absence by the subscriber of the user identification procedure at a public Wi-Fi point is a violation of the terms of the agreement on the provision of telematic communication services and may lead to the termination by the telecom operator of the agreement on the provision of services for access to the Internet network due to violation of its provisions.

Identification methods

Decree of the Government of the Russian Federation No. 758 dated July 31, 2014 “On Amendments to Certain Government Acts Russian Federation in connection with the adoption of the Federal Law "On Amendments to the Federal Law "On Information, Information Technologies and Information Protection" and certain legislative acts of the Russian Federation on the issues of streamlining the exchange of information using information and telecommunication networks" introduced mandatory user identification (full name) and their equipment connected to the Wi-Fi network (MAC address).

RF GD No. 801 dated August 12, 2014 expanded the possibilities for identifying subscribers of public networks. As a result, telecom operators were able to use for identification not only a citizen's passport, or number mobile phone, but also to identify it using the ESIA data ( unified system identification and authentication) or using a login and password on the website of public services of the Russian Federation.

Currently, the following methods of identification are allowed by law:

by an identity document;
by mobile phone number;
using an account on the public services portal (ESIA).

We would like to note that user identification by authorization in in social networks is not provided for by the current legislation, this is due to the fact that when registering in social networks, there are no ways to uniquely identify (full name) of the user.

Authorization of Wi-Fi network clients via SMS is a relatively recent technology. Decrees No. 758, No. 801 of the Government of the Russian Federation force hotspot owners to “record” visitors. The 2014 law radically changed the formulation of the issue of social security. Now access has become much more complicated: customers are asked to enter a lot of additional information.

Owners of public establishments are required to follow the letter of the law. The choice of how to implement the concept of authorization remains with the owner, the technical staff. Can buy finished project by paying a monthly fee, or hire a competent expert who personally draws up projects for equipping the facility with suitable digital equipment.

Reasons for use

Compliance with legal requirements. The phone number hypothetically confirms the identity of the citizen.
Satisfactory speed of the process, convenience. Sometimes the service is paid.

Process mechanics

The entry policy is determined by the service administrator.
The home screen (iOS) appears asking you to enter a phone number, or the caller receives a push notification. Sometimes the system will determine the number automatically.
The user receives a login, password, uses login data.

It is interesting! Sometimes the owners of access points are asked to call. A kind of registration ritual.

February stunned Muscovites with the need to send SMS. August 2015 simplified the procedure for access to the metro for residents of the capital. Registration is carried out in an expedited manner. The subscriber dials a number. An invitation to log in - fills SMS with arbitrary text, presses "Send". Access is granted immediately. Previously, Wi-Fi networks had to wait for a response message.

The message is paid, the cost is charged according to tariff plan mobile operator client. In the summer of 2015, they practiced authentication using a single portal of public services. The downside is the need to enter a login, resource password. The security of the transmission of confidential data is violated. However, most public networks suffer from vulnerabilities.

Connection

The owners of cafes and hotels are assisted by specialized companies and providers. Provide appropriate service. Having paid the declared amount, the owner of a public institution gets the opportunity to identify users via SMS.

Flexible advertising adjustment system.
The ability to conduct surveys online in accordance with the law.
Collection of statistics about authorization, devices, operating systems.

On one's own

Of course, a handy admin is able to personally supply operating system Mikrotik hardware with user-manager packages. Then the adjustment is made according to the user's instructions. A flexible system of parameters is described in the documentation.

Additional services

The above makes it clear: everyone is free to invent 100 additional advantages of organizing public access with identification. The possibilities are limited only by imagination, ingenuity technical staff, creative managers. Muscovites, bypassing the subway, can now use the search system for private doctors. Remotely in advance collect the queue by phone.

The DocDoc company has supplemented the top carousel menu with a corresponding caption. It is enough to make a click. The user immediately sees a list of nearby clinics, specialists. The information is supplemented by the national rating, price list. Of course similar service available to users mobile applications, Internet visitors. There is no need for those who sign up to visit the subway.

However, the ease of access is commendable. On July 15, 2015, secure access via Wi-Fi completely covered the branches of underground Moscow. Managers vying to offer fresh ideas. It was planned to separate men's and women's start pages, apparently taking into account the interests of categories of the population.

Passengers can tie bank cards by paying government transport services, annoying ads can be disabled (paid option).

Prices

Market analysis shows that prices are ten times higher than private contracts. The guest house will recoup the costs relatively quickly.

Choice

When giving preference to the offer of the next campaign, evaluate the quality technical support. Sometimes it is difficult to get a response from the operator. Call the contact centers in advance, try to establish a connection. Cellular operators are actively reducing their own spending. Competition…

Moscow, July 21, 2015.— A bill prepared by the Ministry of Communications and Mass Media of the Russian Federation on amending the Federal Law “On Communications” and the Code of the Russian Federation on Administrative Offenses (CAO), which proposes to establish liability for legal entities and individual entrepreneurs for organizing public Wi-Fi networks that do not provide identification of users and user equipment. According to the document, fines for individual entrepreneurs should range from five thousand rubles to fifty thousand rubles, for legal entities - from one hundred thousand rubles to two hundred thousand rubles. Repeated violation of the law by individual entrepreneurs will be punishable by a fine of ten thousand rubles to one hundred thousand rubles or disqualification for up to three years, by legal entities - a fine of two hundred thousand rubles to three hundred thousand rubles.

The bill, which the Ministry of Telecom and Mass Communications of Russia is developing jointly with the Federal Security Service of Russia, the Ministry of Internal Affairs of Russia and the Ministry of Economic Development of Russia, intends to oblige legal entities and individual entrepreneurs to provide free Internet access in public places only if there is an agreement with a telecom operator on user identification. For violation of the identification procedure, it is proposed to establish administrative liability, starting from the first quarter of 2016.

The decision to develop a regulatory legal act was adopted following a discussion at the Government Communications Commission, which took place on May 27, 2015 under the chairmanship of the Deputy Prime Minister of the Russian Federation Arkady Dvorkovich. Recall, speaking at the meeting, the head of the Russian Ministry of Communications Nikolai Nikiforov noted that the organizers of a noticeable number of public Wi-Fi networks still did not introduce mandatory user identification. He also noted the need to establish in the Code of Administrative Offenses the responsibility of legal entities and private entrepreneurs for non-compliance with Russian legislation.

Recall that the amendments to the Federal Law “On Communications” concerning the identification of users of public Wi-Fi networks were adopted in pursuance of Law No. 97-FZ of May 5, 2014 “On Amending the Federal Law “On Information, Information Technologies and Security information” and certain legislative acts of the Russian Federation on the issues of streamlining the exchange of information using information and telecommunication networks”. The bill was prepared by a group of deputies of the State Duma of the Russian Federation, headed by the chairman of the State Duma Committee on Security and Anti-Corruption, Irina Yarovaya, and submitted in January 2014 to the State Duma as part of a package of bills that tighten measures against terrorism. It is in line with accepted international practice.

Decrees of the Government of the Russian Federation No. 758 dated July 31, 2014 and No. 801 dated August 12, 2014 expanded the possibilities for identifying subscribers of communication networks, including public Wi-Fi networks. As a result of the adoption of these resolutions, operators were able to use not only the user's passport, mobile phone number for identification, but also identify him using the data of the Unified Identification and Authentication System (ESIA) or using the login and password from the Unified Public Services Portal. So, from July 13, 2015, a connection using a login and password from the Unified Portal of Public Services to a Wi-Fi network on the Zamoskvoretskaya and Sokolnicheskaya lines of the Moscow metro began to work.

Initially, Wi-Fi technology was focused on organizing Internet access points for mobile users. This technology provides access to the Internet for subscribers primarily in public places. Gradually, Wi-Fi networks spread to large and small offices to organize intranets or subnets.

Legislation of the Russian Federation

On May 28, 2015, on the Federal Portal of Draft Regulatory Legal Acts of the Russian Federation, a bill was published prepared by the Ministry of Telecom and Mass Communications of the Russian Federation on amendments to the Federal Law "On Communications" and the Code of Administrative Offenses of the Russian Federation (CAO), which proposes to establish administrative responsibility for legal entities and individual entrepreneurs for organizing public Wi-Fi networks that did not provide identification of users and user equipment.

Penalties and obligations

Identification methods

Decree of the Government of the Russian Federation No. 758 dated July 31, 2014 “On Amendments to Certain Acts of the Government of the Russian Federation in Connection with the Adoption of the Federal Law “On Amendments to the Federal Law “On Information, Information Technologies and Information Protection” and certain legislative acts of the Russian Federation on streamlining the exchange of information using information and telecommunication networks” introduced mandatory identification of users (full name) and their equipment connected to the Wi-Fi network (MAC address).

RF GD No. 801 dated August 12, 2014 expanded the possibilities for identifying subscribers of public networks. As a result, telecom operators were able to use not only a citizen's passport or mobile phone number for identification, but also to identify it using the data of the Unified Identification and Authentication System (Unified Identification and Authentication System) or using a login and password on the website of public services of the Russian Federation.

Currently, the following methods of identification are allowed by law:

by an identity document;
by mobile phone number;
using an account on the public services portal (ESIA).

We would like to note that user identification by authorization in social networks is not provided for by the current legislation, this is due to the fact that when registering in social networks there are no ways to uniquely identify (name) the user.