As a new definition will regard smartphones with voice recorders – is unknown.
The FSB developed a definition of the term “special technical means intended for secretly receiving information”. He was registered in the amendments to the Criminal Code, the same code will be referred to the Code of Administrative Offenses.
The siloviki offered to refer to any “special technical means” any instruments, instruments, complexes or computer programs “which are intentionally given the qualities and properties to provide the function of secretive (unobvious) receiving information or access to it (without the knowledge of its owner).”
According to the FSB, the definition will distinguish spy devices from devices that are designed only for household use by the mass consumer. How will they regard smartphones, in which there are dictaphones, is unknown.
In a conversation with MediaZona, lawyer Dmitry Dinze, referring to the application of Article 138.1 of the Criminal Code (illegal trafficking in special technical equipment intended for secretly receiving information), told that on Android phones there are “full programs that can be used simultaneously, without using other functions , and video shoot and audio record. ” Then the lawyer said: “It’s good that the software has not reached yet.”
The explanatory note to the draft laws says that the new meaning of the term is based on the position of the Constitutional Court. However, as noted by Mediason, in the decision of the Constitutional Court there is no direct indication that the programs also refer to “special technical means”.
In December 2017, RT journalist at a big press conference of Vladimir Putin asked the president about a farmer from Kurgan Eugenia Vasilieva, who complained that a criminal case was brought against him under article 138.1 of the Criminal Code for a collar with a GPS tracker for a cow. Putin said that he “does not even know that there is such an article”, but promised to get acquainted with it and “settle” the contradictions. The farmer’s case was closed , the prosecutor’s office apologized.