The Ministry of Digital Development will simplify the rules for identifying hosting clients with a view to foreigners
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The Ministry of Digital Development will finalize the procedure for verifying the identity of clients, which has been introduced for hosting operators since December, taking into account the fact that non-residents can work with Russian companies without concluding contracts. The current version of the rules provides only verification methods that require the presence of a hoster in the Russian Federation. Small players in any case will not cope with the requirements and will be absorbed by large hosting providers, experts and Kommersant sources believe. A number of experts consider the new rules, even in the updated version, to be redundant.
The Ministry of Digital Development is preparing additions to the rules for identifying hosting clients in Russia, the draft of which was published on September 22, the ministry told Kommersant. The obligation of hosters to establish the identity of clients will appear on December 1; amendments to the federal laws “On Communications” and “On Information” were approved in July. The project dated September 22 provided for four identification methods: through the infrastructure of State Services and the Unified Biometric System, using an enhanced qualified electronic signature (ECES) or by transfer from a bank account in Russia or other EAEU countries, as well as by providing documents in person.
The posted project, the Ministry of Digital Development clarified, describes ways to identify clients served under an agreement with a hoster: “But hosting providers can provide capacity on the basis of accepting a public offer. The mechanism is also used when interacting with foreigners.” For such cases, the ministry “together with the industry is preparing methods for simplified identification.” The additions will be taken into account after discussion with business and government authorities, the Ministry of Digital Development assured.
The amendments to regulate hosting imply that Roskomnadzor maintains a register of providers: companies not included in it will be prohibited from providing services.
Hosters must also cooperate with the FSB and Roskomnadzor on operational investigative activities (ORM), install TSPU equipment (technical means of countering threats) and use the national domain name system (NDNS). Roskomnadzor is simultaneously pushing for a number of the largest foreign hosting providers, including Amazon Web Services and GoDaddy, to open representative offices in Russia (see “Kommersant” dated June 22) – On September 26, the agency reported that none of them complied with the requirement, instructing search engines to mark their sites as violating the law.
Russian providers also do not yet meet the requirements that will come into force in December, and “for small companies the scale of innovation looks critical,” a source in one of the hosters tells Kommersant. In his opinion, because of this, in the coming months we can expect purchases of small players by large ones with subsequent integration into the systems of the latter. DRC Managing Partner Sarkis Darbinyan agrees that the new regulation will require significant investments from small players, “including hiring experts to build infrastructure and carry out a range of work to protect information.” Simplifying the identification procedure will theoretically allow hosters not to hire KYC (“know your customer”) specialists, “but still does not remove the issue of serious regulatory burden,” he clarified.
The key idea of regulating hosting is that individuals working on the Internet for an audience from Russia should do this “only through Russian legal entities and only using the infrastructure of Russian hosters that are in the appropriate register,” believes Ru-Center CEO Andrey Kuzmichev.
According to him, now in Ru-Center the share of non-resident clients is 1.7%, for most other hosters it is “a few percent, and sometimes less than 1%.”
Other specialized companies (Beget, Sprinthost, Fornex, etc.) did not respond to Kommersant’s requests.
General norms of civil law already imply that the hoster’s client identifies himself, emphasizes Evgeniy Altovsky, head of the information and analytical service of the OA “Information for All”: “Even when working on a public offer, the user is interested in having proof of its acceptance, first of all – in case of disputes.”
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