“Owners of iPhone and iPad should not worry” – Mobile Research Group analyst. They want to ban Apple in Russia Why iPhones will be banned from January 1
This week there was a wave of publications provoked by Internet Ombudsman Dmitry Marinichev. He excited the public by declaring that iPhones and iPads could be banned in Russia due to the entry into force of a law on storing personal data of Russians only on the territory of our country. Apple currently stores personal data of Russian users abroad.
Lawyers interviewed by the site confirmed that the fears are not groundless, and the iPhone and iPad may indeed be illegal. They agree on one thing - it will not come to the point of confiscation of products from users, but a temporary ban on the sale of products or blocking of a number of services will not is also possible.
Ombudsman hysteria
Let us recall that a bill obliging foreign companies, including those that own postal services, social networks and search engines, to place personal data of Russian users exclusively on servers in Russia was passed by the Federation Council in July of this year.
In its original version, it was supposed to come into force on September 1, 2016. However, subsequently the deputies decided to speed up the process and proposed to postpone the entry into force of the law “On Personal Data” from September 1, 2016 to January 1, 2015. Currently, the bill on postponing has been approved in the second reading. However, the project has been postponed indefinitely.
Earlier this week, Marinichev told reporters that neither Apple nor any other company would have enough time to move content to Russia by early next year. He noted that the question is not only to buy the required number of servers, but also to change the software so as not to transfer personal data abroad.
Later, Marinichev explained that there is no talk of banning the devices themselves, all that is meant is that the services associated with them will be outside the legal framework: “Nobody is banning iPhones. The point is that with the entry into force of the law on personal data on January 1, iCloud and AppStore will be outside the legal framework. And they will have to be included in the register of prohibited services,” he explained on Facebook.
In his opinion, the phone will work, but installing the program or synchronizing will not be possible.
The ombudsman later admitted that he caused panic in order to draw attention to the problems of the industry. “Actually now, thanks also to hysteria in the media, the position of the Internet industry on this law has been heard. And the law must be finalized and postponed. This is a small victory, but it is our common victory. This is such a simple story,” Marinichev wrote on Facebook.
What data does Apple collect?
To use Apple smartphones, you must register. When registering, the system usually requests the user's email, without any additional information.
However, in the process of fully using the iPhone and iPad, with downloading applications, sending gifts, etc., Apple collects the following data (information from the company website):
- "At creation of Apple ID, applying for business credit, purchasing a product, downloading a software update, registering at an Apple retail store, contacting us, or participating in an online survey, we may ask you to provide certain information, including your first and last name, mailing address, number telephone, address Email, preferred method of contact and credit card information.
- When you share content with friends and family using Apple products, send gift certificates or products, or invite someone to a forum or other Apple service, Apple may collect information you provide about those people, including their first and last name, mailing address , email address and phone number. Apple will use this information to respond to your requests, provide you with relevant products and services, or for anti-fraud purposes.
What exactly will be banned?
Strangely enough, experts probably don’t know whether this is personal data.
According to the head of the legal practice Anna Kozlovskaya and Partners, a specialist in the field of Internet law, Anna Kozlovskaya, according to Art. 3 of the Federal Law “On Personal Data”, personal data is defined as any information related to directly or indirectly determined or determined to an individual(to the subject of personal data).
“As even a layman can see, the definition is very vague, and almost everything falls under it. No one gave any official comments or explanations about what is considered personal data. Moreover, Roskomnadzor refrains from giving official answers to this “provocative” question.”, Kozlovskaya told the site.
Thus, according to her, formally, the products and services of Apple and other popular foreign companies, such as Facebook and Twitter, in case of non-compliance with the requirements of the amendments will become illegal from 2015.
“I don’t think that a massive seizure of Apple products from users is possible, but a temporary ban – until the requirements of the law are met – on the sale of iPhones and iPads in Russia, especially given the political situation, is more than real.”, she concluded.
I agree with her Sergei Litvinenko, lawyer at the Nalogovik company, specializing, among other things, in personal data law. “In accordance with the Federal Law of July 27, 2006 N152-FZ “On Personal Data,” personal data is any information relating to a directly or indirectly identified or identifiable individual (subject of personal data). Thus, the data stored by Apple can be considered personal, because the company stores data that identifies the customer (name, address, location), and also stores data on purchases, account numbers and other financial and personal information, depending on the user and what he uses Apple products for", - he said.
The fact that when registering on the Apple website you can use someone else’s name or enter false data does not affect the situation: “On social networks, you can also call yourself by someone else’s name and enter absolutely false data, but social networks will still fall under the new rules. In addition, not everyone enters false data, and it is this point that the legislator takes into account. But, of course, according to the law, invented and untrue information is not personal.”, said Litvinenko.
Therefore, Applei Phone and iPad in Russia will most likely be banned due to the new law on the storage of personal data of Russians in the Russian Federation, he concluded. “Since there is little time left before the law comes into force, the company may not have time to technically prepare for the changes in order to comply with the new norms of the law. However, the products of this company are widespread in Russia and are actively used, so perhaps there will be ways in which Apple can remain in the Russian market. It seems unlikely that such a giant would be banned. It is possible that the parties will be able to come to some kind of agreement.”, said the lawyer.
According to Alexandra Nadmitova, managing partner of the law firm Nadmitov, Ivanov and Partners, the entry into force of the law on personal data of Russians will not in any way affect the hardware itself - the iPhone itself and its sales, but Apple services may be blocked in Russia until the data is transferred to local data centers. However, he thinks that most likely there will be an acceptable transition period for large companies when they can adjust their work under the new rules.
Head of commercial practice, civil law department, law firm "CLIFF" Elena Denisova believes that after the law on personal data of Russians comes into force, the most famous social networks will be the first to be affected: Facebook and Twitter, as well as smartphones offering cloud services for storing all data. Until they bring their activities into compliance with the law, their activities will be impossible, and devices such as the iPhone and iPad in Russia will actually be inoperable.
“They won’t be banned, of course. First of all, these are technical devices and can be used without an account in App Store, upon registration in which you provide PD to Apple. Updates, the ability to combine gadgets through a cloud service, some applications that store personal data, such as Viber, etc. will not be available. But the ability to make phone calls through your network mobile operator will not disappear anywhere. Not a very interesting prospect, but this is not a ban on using them as devices for making calls.", - she said.
According to a source from the site in the Ministry of Telecom and Mass Communications, the hype around the ban on iPhones is “nothing more than a hoax” in order to draw attention to the bill on personal data of Russians currently under consideration, or rather, on the postponement of the date of entry into force of the law until September 2016, as and was planned.
The situation is reminiscent of the one that arose in connection with the identification of citizens in public hotspots - due to an unclearly written law, an artificial legal conflict arose again.
Let us recall that in early August a decree of the Russian government appeared banning anonymous access to the Internet in public places. The ruling is mainly due to the difficulty of its interpretation. Someone decided that now any Wi-Fi would be distributed “by passport”, someone thought that the new rules apply only to public access points. The situation is still not entirely clear.
Owners of Apple smartphones and tablets that have already been purchased should not be afraid of restrictions in the operation of devices from January 1, 2015, says Eldar Murtazin, leading analyst at Mobile Research Group. In his opinion, difficulties may arise for those who buy devices later than this period, reports Primorskaya Gazeta.
“It’s unlikely that all iPhones will turn off and stop working in an instant, this is impossible - all devices will work,” Eldar Murtazin told Primorskaya Gazeta. – The question of new devices, for activation of which it is necessary to enter personal data, remains open.
“Here you have an Apple phone, you have an iCloud account,” says the activist. – This is your personal data that is stored in the Apple data center. According to the new law, from January 1, you can no longer use your iPhone, because Apple cannot provide its services in Russia, since it stores its personal Russian data in California. Resolving such issues requires time and preparation on the part of companies.
Eldar Murtazin agrees with the opinion that in any case, not a single company will have time to transfer data to countries by the appointed deadline. Thus, Russians will have to either refuse the companies’ products or find compromises.
“I think the second path is more likely, since everyone is interested in resolving the issue,” noted the interlocutor of Primorskaya Gazeta.
According to the expert, a clear transition period is needed, during which companies will bring their activities into compliance with the requirements of Russian law.
“A striking example is the Blackberry company, which for a long time refused to host servers in Russia,” said Eldar Murtazin. – As soon as the FSB banned the import of Blackberry smartphones into Russia, the conflict was over - the company agreed to move its servers. The manufacturer was given a transition period. In the end, everyone achieved their goals. I think that in our case we need some kind of road map with certain transition periods so that each company knows that it has a certain time to bring its operating conditions into compliance.
Ordinary product users should not worry, the expert is sure.
“In any case, a solution will be found, since both the authorities and business are interested in this,” concluded Eldar Murtazin.
Igor Litvin
Comments
Alexander
23 September 2017, 16:33In other words, the user's data is not personal? I use Apple products and have the right to decide where this information is stored. I do not want information about me to be stored on the territory of the Russian Federation. Another “one drop” in favor of choosing a more developed society
Guest
23 September 2017, 16:33I agree with Alexander! I think that both in Appele and in Russia, competent people work and will do everything beautifully and correctly!
Michael
23 September 2017, 16:33Of course, I understand that sanctions need to be imposed against the United States, then return the money to all iPhone users, how to sell it like that Russia doesn’t think about it, and the easiest way to ban it is to create a good quality phone!
Guest
23 September 2017, 16:33People, are you stupid? If you still want to use your iPhone or iPad, just log out of iCloud on December 25, 2014, so what if you can’t download programs or games, but you’ll have an Apple product with a working cellular network in your hands. You will still be able to call from it, write SMS, send mms, chat on Social media. Networks, and surfing websites!
Ilyas
23 September 2017, 16:33Andryusha, you...., the whole joke of Apple is that everything is synchronized via icloud.
Vlad
23 September 2017, 16:33Of course, I understand the irritation of many, but: Alexander, do you like that Apple is watching you? And all your movements, photos and calls are monitored and monitored by the Americans? Do not forget that they have already confirmed this fact a long time ago. Andrey, I honestly don’t know what it would look like to disable the service on my phone (I don’t use iPhones), but I’m afraid that this is a useless step. Mikhail, Is this a normal phone number? Have you ever compared Apple products with other manufacturers? For example Sony or Nokia? For the money that Apple products are sold in Russia, you can buy a phone 6 times more powerful and better quality than these iPhones. If you are interested, compare for fun and you will be shocked. As for sanctions, if I were the government, I would not only ban Apple products from sale in Russia, but also block access to their full use, without any compensation to the owners. And the justification: “You are fools yourself for being fooled for big money!”
Guest
23 September 2017, 16:33It seems like an adult, but you write nonsense. Do you honestly think that other devices are not tracking you? Even your computer with operating system Windows system, or Lunix monitors your every move, as it was developed taking into account the requirements of intelligence agencies. Add to this the browser, free programs, which half download from torrent, etc. I'm not even talking about the requirements for telecom operators and providers. Do you really think that social? networks, OS and large communications companies exist without government intervention? We do not live in the Stone Age; no one would allow them to carry out their activities. Calm down already, everyone is being watched, another question is that your couple of photos from the beach and a home video with your mistress are of no interest to anyone except you. But when you become interesting, then the information will come in handy. And it’s funny to read about the “power” of Nokia and other Samsungs. For a normal person, it is enough to pick up an apple product and he will immediately feel the difference. And the point here is not so much in technical superiority, but in software optimization. But if you are the type who likes to look at numbers, graphs and tests, then there is nothing to talk about.
iPhone 8: Photo from macrumors.com - Category: ,
New generations of iPhone mobile devices will not be able to function in the Russian Federation due to Apple’s predicted refusal to install a physical slot for SIM cards in new iPhone models as early as January 1, 2018
According to the Economics Today publication, those iPhone generation, which will be released after January 1, 2018, will not be able to work in Russia. This is due to significant design innovations that the manufacturer plans to introduce to its devices. So, instead of a SIM card slot, Apple is going to equip the new iPhone with a virtual SIM card based on eSIM technology. We are talking about a virtual chip attached to the motherboard, which allows you to store all information directly on mobile device, and load operator data from a remote server.
The problem is that as of today, eSIM technology is banned in Russia, while it is supported in the United States, Europe and even many Asian countries. It is believed that this standard allows you to clone SIM cards, so in the Russian Federation it may be illegal, as it will complicate the possibility.
And if the Russian authorities do not amend the relevant legislation by the end of the year, domestic operators will not be able to provide eSIM support. This means that all generations of Apple phones that saw the world after January 1, 2018 simply will not work in the Russian Federation.
As the website 4esnok.by writes, residents of Belarus may also encounter a similar problem, where this standard, although not prohibited, is practically not used. However, according to Euroradio.fm, eSIM technology is promised to be introduced in the neighboring country in the next few years.
It should be noted that eSIM technology is implemented not only in mobile phones from Apple - the smart watch Apple Watch Series 3, as well as two models of Google smartphones: Pixel 2 and Pixel 2 XL, successfully operate on its basis.
The famous American brand never ceases to amaze us with its innovations. Let us remind you that not long ago the company stopped using a 3.5 mm headset jack in phones. While the Russian authorities, in their paranoid desire to put Runet and communications under control, are increasingly increasing the distance between Russia and the civilized world.
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According to a statement by the Russian Internet Ombudsman Dmitry Marinichev, from January 1, 2015, iPhone and iPad owners will not be able to use their devices. According to the new law on personal data, Apple must store information about users of its gadgets in Russia. This was reported by Primorskaya Gazeta with reference to the website of the Business Online newspaper.
The Russian Internet Ombudsman believes that neither Apple nor any other company will have enough time to transfer content to the territory of the Russian Federation by January 1, 2015.
“At the moment, the impossible is required,” the expert is sure. – The tip of the iceberg of tasks is to buy servers, build or rent data centers and locate everything here. But besides this, companies also need to change their software so as not to transfer personal data abroad, and we are talking about almost everything available software. Who and how will control all this is completely unclear. That is, from January 1 this is absolutely not achievable.
Earlier, State Duma deputies in the second reading approved amendments that shift the start of the resolution from September 1, 2016 to January 1, 2015. The ban may affect all familiar Internet services, from social networks to purchasing goods on the Internet - all of them send user data to servers abroad. It is impossible to prepare a list of new requirements in such a short period of time. According to Marynich, if deputies do not postpone the law, iPhone and iPad owners will not be able to use their devices.
“Here you have an Apple phone, you have an iCloud account,” says the activist. – This is your personal data that is stored in the Apple data center. According to the new law, from January 1, you can no longer use your iPhone, because Apple cannot provide its services in Russia, since it stores its personal Russian data in California.
Resolving such issues requires time and preparation on the part of companies. The problem will bypass iOS users if everything related to “cloud services” is removed from this law, noted Dmitry Marinichev.
Let us remind you that according to amendments to the law “On Personal Data and Information”, servers with personal data of Russians must be stored exclusively on the territory of the Russian Federation. The bill was submitted for discussion to the State Duma on June 25, the changes will affect Federal Law-152. Also, in addition to storage, mandatory processing of personal data of Russians on the territory of the Russian Federation and the creation of a mechanism for limiting access to “information processed in violation of the legislation of the Russian Federation in the field of personal data” are expected. The consequences of the adoption of the bill could be extremely negative, especially for areas such as online trading, foreign tourism and air travel, where online booking systems have been actively used for many years.
10/13/2014 at 11:31, views: 194837Russian authorities may ban the use of iPhone and iPad devices from 2015, said Internet Ombudsman Dmitry Marinichev. According to him, the program is to blame account iCloud, which stores information about its users on American servers. It goes against the law, which comes into force early next year.
From January 1, 2015, all personal data of Russian residents must be stored exclusively in Russia. It was previously assumed that this norm would come into force in September 2016. Program Apple iCloud, which transfers information about every user in the world to special servers in the United States, does not yet comply with this norm. And therefore, the sale of iPhone and iPad may be banned.
According to Marinchev, not all companies will be able to prepare in time for January 1, and therefore will fall under the restrictions of the new law, write Argumenty.ru. Not only fans of Apple gadgets will suffer, the ban will affect all Internet resources: social networks, including Facebook and Twitter, video portals and online stores.
Earlier, Roskomnadzor sent American Internet services Facebook, Gmail and Twitter notifications about the need to register in Russia as organizers of information dissemination, AiF notes. “We have sent notices to everyone and will force them to comply with the law one way or another. They are consulting among themselves, communicating with California legal services. We are also consulting with them and are not rushing them on purpose for now,” said Deputy Head of Roskomnadzor Maxim Ksenzov.
Having registered with Roskomnadzor as an organizer of information dissemination, the site must, for six months, store on the territory of the Russian Federation information about the facts of reception, transmission, delivery and (or) processing of voice information, written text, images, sounds or other electronic messages of Internet users. Failure to comply with this requirement will result in a fine: for legal entities - up to 500 thousand rubles.
If sites do not register, Roskomnadzor has the right to send a second demand to eliminate the violation, which must be completed within 15 days. Otherwise, the department has the right to block the site for Russian Internet users.
Recently, the Russian authorities have become closely involved in the information security of Russians. Thus, on August 1, the so-called law on bloggers began to take effect. According to the document, sites with more than 3 thousand users per day must be included in the appropriate Roskomnadzor register. Registered bloggers will be required to post their full name and contact information on their page for sending legal comments, as well as indicate age restrictions for users.
The law obliges popular bloggers to check the accuracy of the information they post, not to disseminate extremist materials and information about the private life of a citizen in violation of civil law, and to comply with election laws.
In addition, the Russian government introduced a bill to the State Duma, according to which website owners are required to indicate their content.
At the same time, the President of the Russian Federation promised not to take total control of the Internet. “We do not intend to limit access to the network, put it under total control, nationalize the Internet, limit the legitimate interests and capabilities of people, public organizations, businesses in the information sphere,” Putin said on October 1 at a meeting of the Russian Security Council on the issue of countering threats in the information sphere. sphere.
