Yarovaya law
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The Yarovaya law (in
Russian Russian(s) refers to anything related to Russia, including: *Russians (, ''russkiye''), an ethnic group of the East Slavic peoples, primarily living in Russia and neighboring countries *Rossiyane (), Russian language term for all citizens and peo ...
: Закон Яровой,
transliteration Transliteration is a type of conversion of a text from one script to another that involves swapping letters (thus ''trans-'' + '' liter-'') in predictable ways, such as Greek → , Cyrillic → , Greek → the digraph , Armenian → or L ...
: ''Zakon Jarovoy''), also Yarovaya package/bag, is a set of two
Russia Russia (, , ), or the Russian Federation, is a transcontinental country spanning Eastern Europe and Northern Asia. It is the largest country in the world, with its internationally recognised territory covering , and encompassing one-eig ...
n federal bills, 374-FZ and 375-FZ, passed in 2016. The bills amend previous
counter-terrorism Counterterrorism (also spelled counter-terrorism), also known as anti-terrorism, incorporates the practices, military tactics, techniques, and strategies that governments, law enforcement, business, and intelligence agencies use to combat or ...
laws and separate laws which regulate additional counter-terror and public safety measures. The public names the law after the last name of one of its creators— Irina Yarovaya. The amendments included an expansion of authority for law enforcement agencies, new requirements for data collection and mandatory decoding in the telecommunications industry, as well as the increased regulation of evangelism, including a ban on the performance of "missionary activities" in non-religious settings.


Legislative history

In April 2016 Irina Yarovaya, together with Aleksei Pushkov, and Nadezhda Gerasimova and senator Victor Ozerov introduced a project of legislation that would toughen penalties for
extremism Extremism is "the quality or state of being extreme" or "the advocacy of extreme measures or views". The term is primarily used in a political or religious sense to refer to an ideology that is considered (by the speaker or by some implied shar ...
and
terrorism Terrorism, in its broadest sense, is the use of criminal violence to provoke a state of terror or fear, mostly with the intention to achieve political or religious aims. The term is used in this regard primarily to refer to intentional violen ...
. On 13 May 2016, the law passed after the first reading. Prior to that, it had received support from the prime minister's cabinet. On 7 July it was signed by the
President of Russia The president of the Russian Federation ( rus, Президент Российской Федерации, Prezident Rossiyskoy Federatsii) is the head of state of the Russian Federation. The president leads the executive branch of the federal ...
,
Vladimir Putin Vladimir Vladimirovich Putin; (born 7 October 1952) is a Russian politician and former intelligence officer who holds the office of president of Russia. Putin has served continuously as president or prime minister since 1999: as prime min ...
. Most of the act's amendments came into effect on 20 July 2016. Amendments that require telecom operators to store recordings of phone conversations, text messages and users' internet traffic up to 6 months were announced to come into force on July 1, 2018. However, senator Anton Belyakov has submitted a proposal to move the regulations' effective date to 2023, because of the extreme amount of data storage technology needed to meet the requirements.


Content


Penal provisions

The amendments of the Yarovaya law include lengthening of prison terms for a number of criminal activities, introduction of new reasons to deny entry or departure to and from
Russia Russia (, , ), or the Russian Federation, is a transcontinental country spanning Eastern Europe and Northern Asia. It is the largest country in the world, with its internationally recognised territory covering , and encompassing one-eig ...
, and the introduction of criminal liability for failure to report to law enforcement authorities that someone else "has been planning, is perpetrating, or has perpetrated" terrorist activity.


Surveillance provisions

The Yarovaya amendments require telecom providers to store the content of voice calls, data, images and text messages for 6 months, and their metadata (e.g. time, location and message sender and recipients) for 3 years. Online services such as messaging services, email and social networks that use encrypted data are required to permit the Federal Security Service (FSB) to access and read their encrypted communications. Internet and telecom companies are required to disclose these communications and metadata, as well as "all other information necessary" to authorities on request and without a court order.


Anti-evangelism provisions

The amendments also include new restrictions on evangelism and
missionary work A missionary is a member of a religious group which is sent into an area in order to promote its faith or provide services to people, such as education, literacy, social justice, health care, and economic development.Thomas Hale 'On Being a Mi ...
. The amendments add a new provision to Russia's Religion Legislation, stating that "missionary activity" may only be performed "without hindrance" at churches and other religious sites designated by the chapter. It is explicitly banned from residential buildings. "Missionary activity" is defined as
The activity of a religious association, aimed at disseminating information about its
beliefs A belief is an attitude that something is the case, or that some proposition is true. In epistemology, philosophers use the term "belief" to refer to attitudes about the world which can be either true or false. To believe something is to take i ...
among people who are not participants (members, followers) in that religious association, with the purpose of involving these people as participants (members, followers). It is carried out directly by religious associations or by citizens and/or legal entities authorised by them, publicly, with the help of the media, the internet or other lawful means".
Missionary activities may not be used to pursue violations of public safety, "the motivation of citizens to refuse to fulfil their civic duties as established by law and to commit other illegal acts", suicide, or the refusal of medical treatment on religious grounds as aims. Missionary activities may only be performed by authorized members of registered religious groups and organizations. A group becomes ineligible to perform missionary activities if they have been banned under a court order for practicing extremism or terrorism, or have been liquidated. Foreign missionaries may only perform missionary activities after registering for a permit from a recognized religious organization. Citizens are also required to report unauthorized religious activity to the government or face fines.


Implementation


Surveillance provisions

Because of the unprecedented data storage requirements, implementation of the law has been described as impossible and extremely expensive. The
Russian Post Russian Post ( rus, Почта России, a=RU-Почта России.wav, ''Pochta Rossii'') is an Aktsionernoye Obschestvo (AO, private limited company)
estimated that compliance with the law would cost the organization 500 billion
ruble The ruble (American English) or rouble (Commonwealth English) (; rus, рубль, p=rublʲ) is the currency unit of Belarus and Russia. Historically, it was the currency of the Russian Empire and of the Soviet Union. , currencies named ''rub ...
s for initial purchases of equipment and 100 billion rubles yearly. Implementation of the law by other delivery and freight services was estimated to cost around 180 billion rubles, which is projected to cause 30–40% drop in online number of purchases. Cell service operators will need 2.2 trillion rubles to comply, which will cause a two- or threefold rise in the cost of mobile services for the consumer. Edward Snowden estimated the combined cost of implementation to be 33 billion dollars and predicted that the overall security levels will be unaffected, despite giant affiliated costs. After Putin signed the law, it turned out that equipment that is needed to store all the data is non-existent not only in Russia, but in the world. Because of that Putin has issued a call for government contracts to Russian companies for the required hardware and software.


Anti-evangelism provisions

A number of missionaries have been subject to arrest for violating the law and, upon conviction, have been fined. Donald and Ruth Ossewaarde, independent missionaries working in Oryol, were fined 40,000 rubles (around $700), prompting the couple to leave the country; Sergei Zhuravlyov, a Ukrainian Reformed Orthodox Church of Christ representative, was arrested for engaging in preaching in
St. Petersburg Saint Petersburg ( rus, links=no, Санкт-Петербург, a=Ru-Sankt Peterburg Leningrad Petrograd Piter.ogg, r=Sankt-Peterburg, p=ˈsankt pʲɪtʲɪrˈburk), formerly known as Petrograd (1914–1924) and later Leningrad (1924–1991), i ...
; and Ebenezer Tuah of
Ghana Ghana (; tw, Gaana, ee, Gana), officially the Republic of Ghana, is a country in West Africa. It abuts the Gulf of Guinea and the Atlantic Ocean to the south, sharing borders with Ivory Coast in the west, Burkina Faso in the north, and To ...
, the leader of the Christ Embassy church, was arrested and fined 50,000 rubles for conducting baptisms at a
sanatorium A sanatorium (from Latin '' sānāre'' 'to heal, make healthy'), also sanitarium or sanitorium, are antiquated names for specialised hospitals, for the treatment of specific diseases, related ailments and convalescence. Sanatoriums are often ...
. On 9 July 2016, Jim Mulcahy, a 72-year-old American pastor who is the Eastern European coordinator for the U.S.-based
Metropolitan Community Church The Metropolitan Community Church (MCC), also known as the Universal Fellowship of Metropolitan Community Churches (UFMCC), is an international LGBT-affirming mainline Protestant Christian denomination. There are 222 member congregations in 3 ...
, was arrested and deported under the prohibition of missionary activities at non-religious sites, after advertising and holding a "tea party" in Samara with an LGBT group. Authorities had targeted Mulcahy under suspicions that he was planning to organize a
same-sex wedding Same-sex marriage, also known as gay marriage, is the marriage of two people of the same sex or gender. marriage between same-sex couples is legally performed and recognized in 33 countries, with the most recent being Mexico, constituting ...
.


Criticism and protests

Russia's largest
telecommunication Telecommunication is the transmission of information by various types of technologies over wire, radio, optical, or other electromagnetic systems. It has its origin in the desire of humans for communication over a distance greater than that fe ...
and internet companies expressed their concerns regarding the negative impacts of the law on their businesses and on the Russian economy on the whole. A
Change.org Change.org is a worldwide nonprofit petition website, based in California, US, operated by the San Francisco-based company of the same name, which has over 400 million users and offers the public the ability to promote the petitions they care abo ...
petition to completely cancel Yarovaya's Act collected over 600,000 signatures. Russian Public Initiative petition has been signed more than 100,000 times. A number of protests were organized in cities, including in Novosibirsk,
Yekaterinburg Yekaterinburg ( ; rus, Екатеринбург, p=jɪkətʲɪrʲɪnˈburk), alternatively romanized as Ekaterinburg and formerly known as Sverdlovsk ( rus, Свердло́вск, , svʲɪrˈdlofsk, 1924–1991), is a city and the administra ...
,
Ufa Ufa ( ba, Өфө , Öfö; russian: Уфа́, r=Ufá, p=ʊˈfa) is the largest city and capital city, capital of Bashkortostan, Russia. The city lies at the confluence of the Belaya River (Kama), Belaya and Ufa River, Ufa rivers, in the centre-n ...
,
Kazan Kazan ( ; rus, Казань, p=kɐˈzanʲ; tt-Cyrl, Казан, ''Qazan'', IPA: ɑzan is the capital and largest city of the Republic of Tatarstan in Russia. The city lies at the confluence of the Volga and the Kazanka rivers, covering an ...
and
Volgograd Volgograd ( rus, Волгогра́д, a=ru-Volgograd.ogg, p=vəɫɡɐˈɡrat), formerly Tsaritsyn (russian: Цари́цын, Tsarítsyn, label=none; ) (1589–1925), and Stalingrad (russian: Сталингра́д, Stalingrád, label=none; ) ...
. A 9 August protest in
Moscow Moscow ( , US chiefly ; rus, links=no, Москва, r=Moskva, p=mɐskˈva, a=Москва.ogg) is the capital and largest city of Russia. The city stands on the Moskva River in Central Russia, with a population estimated at 13.0 millio ...
has seen over 2,000 participants.


Criticisms of anti-evangelism provisions

The anti-evangelism provisions of the legislation prompted an outcry of concern and opposition from Russia's Protestant minority, which makes up about 1% of Russia's population. According to experts, the law is likely to be interpreted in a way to block churches other than the
Russian Orthodox Church , native_name_lang = ru , image = Moscow July 2011-7a.jpg , imagewidth = , alt = , caption = Cathedral of Christ the Saviour in Moscow, Russia , abbreviation = ROC , type ...
from evangelizing
ethnic Russians , native_name_lang = ru , image = , caption = , population = , popplace = 118 million Russians in the Russian Federation (2002 ''Winkler Prins'' estimate) , region1 = , pop1 ...
. Religious denominations with a smaller presence in Russia have long been viewed with hostility by government officials and Russian Orthodox religious authorities. The harsh new restrictions on minority religious groups supplemented the requirements under a 1997 law that mandated registration and administrative procedures, which many religious groups found onerous and expensive to comply with.
Thomas J. Reese Thomas J. Reese, (born 1945) is an American Catholic Jesuit priest, author, and journalist. He is a senior analyst at Religion News Service, a former columnist at National Catholic Reporter, and a former editor-in-chief of the weekly Catholic magaz ...
, the chair of the U.S. Commission on International Religious Freedom, said that "Neither these measures nor the currently existing anti-extremism law meet international human rights and religious freedom standards" and that the Yarovaya Law "will make it easier for Russian authorities to repress religious communities, stifle peaceful dissent, and detain and imprison people." Faith McDonnell of the
Institute on Religion and Democracy The Institute on Religion and Democracy (IRD) is an American Christian conservative think tank that promotes its views among mainline Protestant churches, as well as advocating for its values in the public square. Its critics claim that it has bee ...
in Washington, D.C., said: "The law doesn't do that much to defend from terrorism and only prevents Christians and others who are not ussianOrthodox from preaching and proselytizing." U.S. State Department spokeswoman Nicole Thompson wrote that: "We believe that these new amendments will not better protect Russia’s citizens, but are rather part of a troubling Russian trend of intimidation and harassment of civil society and political activists." The law exempts the government-allied Moscow Patriarchate of the Russian Orthodox Church from the measures that it applies to all other religious groups. The autonomous Russian Orthodox Church opposed the law; Archbishop Andrew Maklakov, administrator of the Russian Orthodox Autonomous Church of America, stated: "As the Russian Federation has drifted back to its Soviet roots more and more over the past 25 years, it has increasingly sought to harass, persecute, and destroy any religious organization that it might consider competition to its own 'state church.'"


Criticisms of expanded surveillance provisions

The Electronic Frontier Foundation, a nonprofit group that aims to defend civil liberties in the digital world, opposed the Yarovaya package, noting that "opposition to the Yarovaya package has come from many quarters. Technical experts have been united in opposing the law. Russia’s government Internet ombudsman opposed the bill. Putin's own human rights head, Mikhail Fedotov, called upon the Senators of Russia’s Federal Council to reject the bill. ISPs have pointed out that compliance would cost them trillions of rubles." The EFF wrote that because Russia's ISPs, messaging services, and social media platforms "cannot reasonably comply with all the demands of the Yarovaya package, they become de facto criminals whatever their actions. And that, in turn, gives the Russian state the leverage to extract from them any other concession it desires. The impossibility of full compliance is not a bug—it's an essential feature."
Human Rights Watch Human Rights Watch (HRW) is an international non-governmental organization, headquartered in New York City, that conducts research and advocacy on human rights. The group pressures governments, policy makers, companies, and individual human r ...
noted the lack of judicial oversight and stated that "these provisions would ultimately jeopardize security, while being ineffective at preventing terrorists from using encryption" as well as "unjustifiably expand surveillance while undermining human rights and cybersecurity."


See also

*
Mass surveillance in Russia Mass surveillance is the pervasive surveillance of an entire or a substantial fraction of a population. Mass surveillance in Russia includes surveillance, open-source intelligence and data mining, lawful interception as well as telecommunicat ...
*
SORM The System for Operative Investigative Activities (SORM; russian: Система оперативно-разыскных мероприятий) is the technical specification for lawful interception interfaces of telecommunications and telephone n ...
* Sovereign Internet Law


References


External links

* * * * {{DEFAULTSORT:Yarovaya Law 2016 in law 2016 in Russia Law of Russia Censorship in Russia Internet law Internet access Internet censorship in Russia Political scandals in Russia 2016 scandals