Analysis of the legislation of the Kyrgyz Republic on compliance with the application of LESS, – preliminary conclusion (modified)

Experts of the Public Foundation Civil Initiative of Internet Policy and Legal Clinic Adilet analyzed the legislation of the Kyrgyz Republic for compliance with the use of the hardware-software complex for system of operational-search measures(hereinafter referred to as the HSC) in the Kyrgyz Republic.

This analysis is prepared by request of the Committee of the Jogorku Kenesh on Human Rights, Equal Opportunities and Public Associations and the Provisional Parliamentary Commission of the JK to study and develop regulation of legal acts for the system of operational-search measures (SOSM) for conducting an expert assessment of SOSM and analyzing its compliance with the law.

The need for SOSM analysis of is caused primarily by the fact that it directly affects the right of citizens to inviolability of private life, in particular on the secret of correspondence, telephone and other negotiations, postal, telegraph, electronic and other messages.

Undoubtedly, the use of system of operational – search measures on communication networks yes the possibility of timely detection, prevention and suppression of criminal encroachments. However, the danger of using this HSC is that its functions are not limited to the interception and tracking of information in traditional fixed and cellular communications, and the Internet.

This HSC system does not guarantee only authorized access in the specified types of communication, and has additional capabilities. The HSC system used in the Kyrgyz Republic allows you to copy all correspondence of all users of a particular network, regardless of the presence or absence of a criminal case, to view information in real time, decode all types of protocols, including icq, Skype, IP telephony, process and store the intercepted information. Also, this system can remotely monitor the status of equipment, view the hierarchy and powers of users, users work log, and recover deleted information.

First of all, it should be noted that the concept of “SORM” is not in the legislation of the Kyrgyz Republic. In this regard, we appeal to foreign practice, in particular the legislation of the Russian Federation, according to which SOSM is a set of technical means and measures intended for carrying out operational search activities in telephone, mobile and wireless communication networks and radio communications.

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