Who can listen to your cell phone?

Who can listen in on your cell phone?.

Who can listen in on your cell phone?

Most people believe that it is law enforcement agencies that most often wiretap telephone conversations. In particular, there is an active discussion on the pages of newspapers and on the Internet about the legality of using SORM (the system of operational-search activities). At the same time, many forget that, according to the Federal Law «On operational-search activities», «wiretapping telephone and other conversations» is only one of the types of operational-search activities.

What to do if your «mobile phone» is being tapped by «secret hunters»? What criminal liability is provided for such an act? We will dwell on this issue in more detail.

It must be said that the minimum punishment for the act and the high profitability of the spy business are forcing more and more people to join the game called «listen to someone else's cell phone». And it is impossible to reliably protect your phone from someone else's ear by legal means.

Anyone can join the ranks of «secret hunters». And it is impossible to control the activities of «radio filibusters».

Since their appearance in Russia, companies — operators of cellular communication systems have become the object of increased attention of domestic law enforcement agencies.

It is believed that the first attempt to implement SORM on telephone networks occurred in 1995. Supporters of this version refer to the Decree of the President of the Russian Federation of September 1, 1995 No. 891 «On Streamlining the Organization and Conduct of Operational-Investigative Activities Using Technical Means», the Law «On Operational-Investigative Activities in the Russian Federation» and Article 14 of the Federal Law «On Communications» (came into force in February 1995). Let us recall that this article of the law regulated the issues of interaction between communications companies and agencies carrying out operational-investigative activities.

According to the text of this article, “communications enterprises and communications operators, regardless of departmental affiliation and form of ownership, operating on the territory of the Russian Federation, when developing, creating and operating communications networks, are obliged, in accordance with the legislation of the Russian Federation, to provide assistance and provide the bodies carrying out operational-search activities with the opportunity to conduct operational-search activities on communications networks, and to take measures to prevent the disclosure of organizational and tactical methods for carrying out these activities.”

According to the Law of the Russian Federation of August 12, 1995 No. 144 (FZ «On operational-search activities in the Russian Federation»), operational-search activities related to the control of postal items, telegraph and other messages, wiretapping of telephone conversations with connection to the station equipment of enterprises, institutions and organizations regardless of the form of ownership, individuals and legal entities providing services and means of communication, with the removal of information from technical communication channels, are carried out using the operational-technical forces and means of the federal security service and internal affairs agencies in the manner determined by interdepartmental regulations or agreements between the agencies carrying out operational-search activities.

In fact, law enforcement agencies received the right to wiretap telephone conversations back in 1992. Let us clarify that we are talking about the Law of the Russian Federation of March 13, 1992 No. 2506-1 «On operational-search activities in the Russian Federation». It lost its force in mid-1995 in connection with the adoption of a new law. It stated that the list of operational-search activities that law enforcement agencies can implement includes «wiretapping of telephone and other conversations».

In the «Concept for the Development of Public Land Mobile Radio Communications Networks in Russia until 2010 (in terms of cellular, radial-zone and radial networks)» (Approved by the decision of the State Commission on Communications of Russia dated February 23, 1994, No. 71) it was emphasized that operational and technical requirements for telecommunications facilities and networks for ensuring operational-search activities must be met in accordance with the Law of the Russian Federation «On operational-search activities in the Russian Federation» dated March 13, 1992.

At the end of 1994, the heads of communications organizations and institutions received a letter from the Ministry of Communications of the Russian Federation dated November 11, 1994, No. 252-U «On the procedure for implementing SORM at the VSS of the Russian Federation». The first paragraph read as follows: «In pursuance of the order of the Ministry of Communications of the Russian Federation dated June 24, 1992, No. 226 «On the use of communication facilities to ensure operational-search activities of the Ministry of Security of the Russian Federation», technical requirements have been developed and approved for the system of technical means for ensuring the functions of operational-search activities at electronic telephone exchanges (SORM).» The specified documents were attached.

Communication organizations and institutions were also instructed to:

«By 01.01.95, agree with the regional (territorial, provincial) divisions of the Federal Grid Company on the plan of activities for the implementation of SORM at existing electronic exchanges.

By 01.02.95, submit to the territorial departments of the State Communications Supervision Service the plans of activities agreed with the divisions of the Federal Grid Company on the implementation of SORM at existing electronic telephone exchanges».

Thus, at the end of 1994, technical implementation of measures to organize wiretapping of telephone communication channels was launched in Russia. True, for more than eight years, not a single high-profile scandal has been noted related to the violation of the law «On operational-search activities» in the sphere of «listening monitoring» of telephone communication channels.

Individuals have more opportunities to organize «hearing monitoring» of cellular networks. Anyone can purchase the necessary equipment without coming into conflict with the law. Let us clarify that we are talking about various radio receivers, scanners and other household electronics.

Of course, this statement does not apply to equipment that was specially developed (adapted, programmed) for conducting radio reconnaissance of cellular communication networks. It falls under the category of «special technical means». And all activities, except for its use, are regulated by the RF Government Resolution of July 1, 1996, No. 770. In particular, a license is required for its development, production, import into the territory of the Russian Federation and sale.

According to Part 3. 138 of the Criminal Code of the Russian Federation, «illegal production, sale or acquisition for the purpose of sale of special technical means intended for covert acquisition of information» shall be punishable by a fine in the amount of two hundred to five hundred minimum wages or in the amount of the wages or other income of the convicted person for a period of two to five months, or by restriction of liberty for up to three years, or by imprisonment for up to three years with deprivation of the right to hold certain positions or engage in certain activities for up to three years.»

It is clear that most «hunters for other people's secrets» do not use special «spy» equipment, but «household» radio equipment. If special equipment can only be legally purchased by state security agencies, then «household» equipment can be sold to anyone. Like a TV or a VCR.

Therefore, a «radio filibuster» can only be brought to criminal responsibility in two cases^

First, if his actions are recognized as a crime under Part 3 of Article 138 of the Criminal Code of the Russian Federation.

And, secondly, only from the moment of the beginning of wiretapping of other people's telephone conversations (4.1 and part 2 of Article 138 of the Criminal Code of the Russian Federation).

Let us recall that Part 1 of Article 138 of the Criminal Code of the Russian Federation states that «violation of the privacy of correspondence, telephone conversations, postal, telegraph or other communications of citizens» is punishable by a fine in the amount of fifty to one hundred minimum wages or in the amount of the salary or other income of the convicted person for a period of up to one month, or by compulsory work for a period of one hundred twenty to one hundred eighty hours, or by correctional labor for a period of up to one year.»

And Part 2 of the same article of the code provides for «the same act committed by a person using his official position or special technical means intended for the covert acquisition of information» punishment in the form of a fine «in the amount of one hundred to three hundred minimum wages or in the amount of the wages or other income of the convicted person for a period of one to three months, or deprivation of the right to hold certain positions or engage in certain activities for a period of two to five years, or arrest for a period of two to four months.»

It would not be entirely correct to say that this article «does not work». It is only necessary to take into account two factors.

Firstly, the minimum term of punishment does not require additional comments.

Secondly, most of the «eavesdroppers» were identified during the sale of the obtained secrets, or they themselves bragged about their successes in radio intelligence, or they were identified by law enforcement agencies during the investigation of other crimes (for example, blackmail or extortion).

It is almost impossible to identify a professional who works exclusively for one owner and is not engaged in other types of criminal business, for example, blackmail.

Although one should not forget that in the Russian world of radio intelligence of cellular networks, the principle of » «He who knows much lives little.» No one can name the exact number of people who have suffered because of their overly large ears or increased curiosity about other people's secrets.