Memo on the organization of public Wi-Fi networks for individual entrepreneurs and legal entities

This article will help you to understand what should be guided to organization of public Wi-Fi network does not entail a violation of the current legislation and bringing to administrative or criminal liability.

The first block discusses the requirements that apply to all public Wi-Fi networks; the second describes features public Wi-Fi networks available to children; the third describes the requirements for publicly available Wi-Fi networks which are organized in educational institutions.

Requirements that must be met, any public Wi-Fi network

The presence of a user identification and equipment.

PP of the Russian Federation from 31.07.2014 № 758 "About modification of some acts of the government of the Russian Federation in connection with adoption of the Federal law "On amendments to the Federal law "On information, information technologies and about information protection" and certain legislative acts of the Russian Federation on streamlining the exchange of information using information and telecommunication networks" introduced the requirement for mandatory identification of users (name) and their equipment, connected to Wi-Fi network (MAC address).

Currently the following authentication methods Wi-Fi:

According to the document proving the identity;

  • the passport of the citizen of the Russian Federation (internal);
  • the passport of the citizen of the Russian Federation (foreign);
  • diplomatic passport;
  • official passport;
  • the document identifying the foreign citizen or the person without citizenship and acknowledged in the Russian Federation in this capacity in accordance with international agreements of the Russian Federation;
  • the seafarers ' identity document;
  • the temporary residence permit issued to a stateless person;
  • the residence permit issued to a stateless person;
  • the certificate of the refugee;
  • travel document issued to the person recognized in the procedure established by the Federal law on the territory of the Russian Federation as a refugee.

The phone number (SMS/Flash/Voice/Call);

Using the account on a Single portal of public services (www.gosuslugi.ru).

Please note that that the identification of Wi-Fi via social Setai provided by applicable law, this is because when registering on social networks do not exist methods that allow to uniquely identify (name) of the user.

As a rule, the service of identification of users in public Wi-Fi network may be provided under the contract on rendering of telematic communication services by the provider, however, service identification Wi-Fi may be provided to third parties.

The failure of the subscriber authentication procedure of the user in a public wifi network is a violation of the terms of the contract on rendering of telematic communication services and may lead to the termination of the operator contract on rendering services on access to the Internet for violations of its provisions.

Restricting access to prohibited information

Such limitation shall be implemented by all operators (ISPs) in the manner prescribed by article 15.1 of the Federal law of 27.07.2006 № 149-FZ "On information, information technologies and protection of information" after making such an online resource in a Single register. As a rule, operators will automatically receive the information from the Unified registry and limit access to unauthorized resources in its network.

Such information is included in the Unified register on the basis of a decision authorized by the Government of the Russian Federation the Federal bodies of Executive power, which are accepted in accordance with their competence in the procedure established by the Government of the Russian Federation in respect of distributed network "Internet":

  • materials with pornographic images of minors and (or) announcements involving minors as performers to participate in entertainment events of pornographic nature;
  • information on ways, methods of development, manufacture and use of narcotic drugs, psychotropic substances and their precursors, new potentially dangerous psychoactive substances, their acquisition, methods and places of cultivation of narcotic plants;
  • information about methods of committing suicide, as well as calls to commit suicide;
  • information about a minor that suffered as a result of illegal actions (inaction), the distribution of which is prohibited by Federal laws;
  • information that violates the requirements of the Federal law from December, 29th, 2006 N 244-FZ "On state regulation of activities on organization and conduct of gambling and on amendments to certain legislative acts of the Russian Federation" and the Federal law of November 11, 2003 N 138-FZ "About lotteries" prohibiting activities on organization and conduct of gambling and lotteries using the Internet and other means of communication;
  • entered into force court decision on recognition of the information disseminated through the network "Internet" information whose dissemination in the Russian Federation is prohibited.

Restricting access to information that is entered in the Unified registry is Internet service provider providing service on access to the Internet. How to restrict access to restricted resources, the operator selects independently

The actions of the subscriber by setting up the equipment a public Wi-Fi points (for example, using public DNS servers, proxy servers), can lead to the absence of restrictions on access to information, the dissemination of which in Russia is prohibited.

The responsibility not to limit access to forbidden information provided by the Russian Code of administrative offences, which may also lead to termination of the contract on rendering services on access to the Internet and presentation from the operator of the claim for compensation of damages.

Requirements for public Wi-Fi networks that are organized in locations accessible to children (persons under 18)

Federal law of 29.12.2010 № 436-FZ "On the protection of children from information harmful to their health and development" prohibited information includes, in particular, information substantiating or justifying the admissibility of violence or cruelty; can cause in children the desire to use drugs; denying family values; contains swearing; wearing pornographic, etc. (article 5 of Federal law No. 436-FZ).

To information prohibited for dissemination among children includes the information:

  • encouraging children to commit actions that pose a threat to their life and (or) health, including to harm their health, suicide;
  • can cause in children desire to use narcotics, psychotropic and (or) intoxicating substances, tobacco goods, alcoholic and alcohol-containing products, to participate in gambling games, prostitution, vagrancy or begging;
  • substantiating or justifying the admissibility of violence and (or) cruelty or prompting to carry out violent acts against people or animals, with the exception of cases stipulated by this Federal law;
  • denying family values that promotes unconventional sexual relationships and forming disrespect to parents and (or) other family members;
  • justifying illegal behavior;
  • containing foul language;
  • contains information of a pornographic nature;
  • about minors, the victims of the unlawful actions (inaction), including name, surname, patronymic, photos and video of such minor, his parents and other legal representatives, date birth of such minor, the audio of his voice, his place of residence or place of temporary residence, place of study or work, and other information that allows directly or indirectly to determine the identity of such minors.

For information, the distribution of which among children of certain ages is limited, includes information on:

  • present in the form of image or description of cruelty, physical and (or) mental violence, crime or other antisocial actions;
  • causes in children fear, terror or panic, including represented in the form of images or descriptions dehumanizing form of non-violent death, disease, suicide, accident, accident or catastrophe and (or) their consequences;
  • present in the form of images or descriptions of sexual relations between a man and a woman;
  • containing swear words and expressions, not referring to swearing.

For information products for children under the age of six years may be related information products, containing information that is not harmful to health and (or) development of children (including information products containing justified its genre and (or) episodic plot denaturalizations the depiction or description of physical and (or) mental abuse (excluding sexual abuse) provided the triumph of good over evil and the expression of compassion for the victim and (or) condemnation of violence).

To admitted to circulation of information products for children under the age of six years, can apply information products for children under the age of six years, as well as information products containing justified its genre and (or) the plot:

  • short and denaturalizations the depiction or description of human diseases (except for serious illnesses) and (or) their consequences in the form not humiliating human dignity;
  • denaturalizations image or description of accident, accident, disaster or nonviolent death without demonstration of their consequences that may cause children fear, terror or panic;
  • do not incite to commit antisocial acts and (or) crimes occasional picture or description of these actions and (or) crimes, provided that was not justified and not justified by their admissibility and expressed a negative, condemning attitude toward those who committed them.

To admitted to circulation of information products for children under the age of twelve years may be related information products for children under the age of six years, as well as information products containing justified its genre and (or) the plot:

  • episodic image or description of cruelty and (or) violence (except for sexual violence) without showing naturalistic process of deprivation of life or mutilation provided that expressed compassion for the victim and (or) negative, judgmental attitude toward cruelty and violence (except violence applied in cases of protection of citizens ' rights and legally protected interests of society or the state);
  • image or description, do not incite to commit antisocial acts (including the consumption of alcohol products, gambling, vagrancy or begging), occasional mention (without demonstration) narcotic drugs, psychotropic and (or) intoxicants, tobacco products, provided that was not justified and not justified by the admissibility of antisocial acts, expressed a negative, judgmental attitude towards them and indicates the danger of consumption of specified products, means, substances, products;
  • not operating interest in sex and not wearing exciting or abusive episodic denaturalizations the depiction or description of sexual relations between a man and a woman, except for images or descriptions of sexual acts.

To admitted to circulation of information products for children under the age of sixteen years may be related information products for children under the age of twelve years, as well as information products containing justified its genre and (or) the plot:

  • picture or description of the accident, accident, accident, disease, death without naturalistic show their effects that may cause children fear, terror or panic;
  • image or description of cruelty and (or) violence (except for sexual violence) without showing naturalistic process of deprivation of life or mutilation provided that expressed compassion for the victim and (or) negative, judgmental attitude toward cruelty and violence (except violence applied in cases of protection of citizens ' rights and legally protected interests of society or the state);
  • information about narcotic drugs or psychotropic and (or) about the intoxicating substances (without demonstration), about the dangerous consequences of their consumption with a demonstration of such cases, provided that expressed negative or judgmental attitude to the consumption of such means or substances and provides an indication of the danger of their consumption;
  • separate swear words and (or) expression not related to swearing;
  • not operating interest in sex and not wearing offensive image or description of sexual relations between a man and a woman, except for images or descriptions of sexual acts.

Please note that that this information can not be included in the Unified register and therefore not "filtered" by software and hardware tools operator.

In this case, you should apply system content filtering (hereinafter, SCF) offering to a third party.

Places available for children are public places, access of the child and the finding of the child in which supremenyc including public places, where child has access to the products of the mass media and (or) placed in information and telecommunication networks of information product (part 10 of article 2 of Federal law No. 436-FZ).

In accordance with the requirements of part 1 of article 14 of the Federal law No. 436-FZ of organization of access to the Internet in places accessible to children, is possible only subject to the application of administrative and organizational measures, technical, software and hardware protection of children from information harmful to their health and (or) development.

The absence of such measures entails administrative liability for the organizer of public access, including for persons who organized a public Wi-Fi network, under part 2 of article 6.17 Cao RF and the imposition of fines on entrepreneurs in the amount from five thousand to ten thousand roubles; on juridical persons – from twenty thousand to fifty thousand roubles.

In public access there are many methodical materials and recommendations of this work. Key among them:

  • Letter of the Ministry of education of Russia from 28.04.2014 № DL-115/03 "ABOUT the direction of teaching materials to ensure information security of children when using the Internet resources" (with the methodological recommendations of the Ministry of education and the recommendations of the Ministry of communications);
  • The order of the Ministry of communications of Russia of 16.06.2014 No. 161 "About approval of requirements to administrative and organizational measures, technical and hardware-software means of protection of children from information harmful to their health and (or) development".

On the basis of these documents, You can design and implement the necessary measures for the protection of children from information that may cause harm.

The main measures for the protection of children from information that could harm their health and (or) development.

Administrative measures

  • The appointment of a special worker who will be responsible for application of administrative and organizational measures to protect children from information that can harm their health and (or) development, taking into account the specifics of the turnover of information products, forbidden for children.
  • Implementation of the internal control over compliance with legislation of the Russian Federation on the protection of children from information harmful to their health and (or) development, compliance with applicable administrative and organisational measures for the protection of children from information harmful to their health and (or) development, local acts, and provides for: 1) Examination within ten working days of the appeals, complaints or claims of violations of the legislation of the Russian Federation on the protection of children from information harmful to their health and (or) development, and direction of a motivated answer about results of consideration of such appeals, complaints or claims;? 2)the Establishment within ten working days from the date of receipt of applications, complaints, or claims about the availability of children's access to information prohibited for distribution among children, causes for and conditions of such access, and measures for their elimination

Organizational measures

  • Placing at information stands in places accessible for children, as well as bringing in other ways to third parties information about the published local acts in the sphere of protection of children from information that can harm their health and (or) development.

Technical and software-hardware:

Means for restricting access to prohibited for distribution among children of information hosted on the Internet (in particular, the use of means of content filtering).

Requirements for public Wi-Fi networks, organized in educational institutions

Wi-Fi network on the territory of educational institutions without access to children

You must comply with all mandatory requirements and measures to limit access to information that does not match the educational goals.

Wi-Fi network on the territory of educational institutions with access to children

Must meet all the above requirements: mandatory; requirements for Wi-Fi networks in places accessible to children; and requirements for Wi-Fi networks in educational institutions without access to children. Requires the use of GFR.

Cooperation

We are more than five years we provide services for user identification in public Wi-Fi networks in accordance with the current legislation of the Russian Federation, during this time, we managed to secure from administrative and criminal responsibility in many individual entrepreneurs and legal entities.

Our company has all the necessary rights for the provision of telematic communication services in the territory of the Russian Federation.

Services

If You have any questions about cooperation, please contact us in any convenient way.

Tags

the Wi-Fi law, the law authorization Wi-Fi, public Wi-Fi law, the law +about wifi in public areas, Wi-Fi identification law, public Wi-Fi law, the identification of users of Wi-Fi law, the law +about user authentication Wi-Fi


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