Hey.

It never ceases to amaze me how often laws and amendments to existing laws are passed. The people’s representatives try to please the population, engage in open populism and at the same time do not think about the consequences of the changes that they propose in the laws. The principle is almost always the same, let’s pass the law, and then figure out how we will implement it in practice.

I am sure that each of us at least once came across scammers calling your mobile number and trying to extract certain data. Over the past year, I have had more than a dozen such calls. The most ridiculous conversation engraved in my memory:

– Hello, you are worried from the security service of Sberbank. Your name is Eldar Kuznetsov?
– Hello, yes, this is Eldar.
– We have identified unusual activity on your account, we need to clarify some details.
– Come on.
– Did you transfer money to the name of Kirill Kuznetsov?
– Нет.
– You definitely didn’t transfer money? This is important because it means that someone tried to withdraw this money from your account.
– No, I didn’t translate exactly.
“Then we need to do some things together to make sure your account is safe. You need to do this as quickly as possible.
– I do not have an account with Sberbank.
– Sorry what?
– I do not have an account with Sberbank, and I am not Kuznetsov.

There are long beeps, I took a person’s time and did not let him profit from other people’s money. Unfortunately, there are a lot of such calls, the story became widespread, and fraudulent schemes using telephones took off during the pandemic. In order to call victims, fraudsters use mobile numbers, landline phones, sometimes using GSM gateways, they change their numbers, so that the victim sees on the screen the name of the bank from which they are allegedly calling. Calls often come from neighboring countries, for example, Ukraine, where huge call centers “serve” the Russian market. They employ hundreds of people, every day they go out to work shifts, such centers work 24/7, since the geography of Russia allows them to handle people in different time zones.

There are no transparent, understandable statistics on the number of telephone frauds in Russia. Each department starts with its own ideas about the beautiful, but all unanimously report an explosive growth of such cases in 2020. For example, in the Ministry of Internal Affairs for 10 months of 2020, 420700 crimes related to the Internet and telephones were recorded, an increase of 75% year-on-year. More than half of the crimes are classified as grave and especially grave (+ 84% year-on-year). With the help of mobile communications, 181200 crimes were recorded. You need to understand that these are crimes, when the victims filed statements with the police, they were accepted and recorded.

For example, in the first half of 2020 alone, Sberbank received 3.4 million complaints about telephone fraudsters, in 2019 there were 2.5 million such calls for the entire year, and in 2017 – only 160 thousand. Undoubtedly, Sberbank is the largest bank in the country, but there are other scammers, and the total number of calls alone can be estimated at several million monthly, and these are the most conservative estimates. The problem exists, it is acute, as well as the losses of citizens from the actions of fraudsters are already estimated at hundreds of millions of rubles a month. Even if we take only official statistics into consideration, then at least a billion rubles a year are lost on telephone fraud. There is one catch here, often a scam call and a money transfer divorce is not classified as a telephone fraud, but as a credit card crime. There is no transparency, but there is a feeling that the situation has gotten out of control. An indirect proof of this is that we all received such calls, and their number is growing every year.

Prison call center, scammers behind bars

Inmates on the territory of correctional institutions, prisons and colonies are not allowed to use mobile communications, they are prohibited from accessing both telephones and other equipment. Nevertheless, there are mobile phones in prisons, and access to them if money is available is not a problem. Scandals happen all the time, FSIN officers are caught handing over prohibited items to prisoners. To understand the scale of the problem, I will give only one story: in 2019, two employees of the Moscow SIZO Matrosskaya Tishina were detained. Senior operative of the operational department Vladislav Ostapenko, as well as the inspector of the department’s regime and supervision Sergei Voytko, were accused of handing over SIM cards and mobile phones to prisoners. During the arrest, the accounting department was found, which indicated that from January to June 2019, phones and other devices were purchased for 7 million rubles, and the services of the detainees cost 5 million rubles. Estimate the scale of what is happening and the costs of all these operations. It is strange to assume that things are different in other correctional institutions or pre-trial detention centers. The temptation with big money is too great, and where there is demand, there will be supply.

Various stories have been discussed in the media for several years about how prisoners come up with various fraudulent schemes. Someone sends SMS in the style of “Mom, transfer the money”, someone calls the numbers and tries to transfer them, and someone creates fraudulent schemes in which people who are at large are involved. For example, such a scheme is the theft of rented equipment, or the purchase of electronics on credit using someone else’s documents, a huge number of schemes. Prisoners with telephones have free time, plus the process of teaching them “science” is not that long. The benefits of such activities are obvious, money appears for certain buns in prison, there is money that can be used at large after release. The beauty of the situation is that it is almost unbelievable to get extra sentences for fraud from behind bars, everyone is trying to turn a blind eye to this. The same FSIN is not interested in solving such cases, since this directly indicates that the work inside is built very badly, there are devices prohibited by the order in the prison, there is a connection. Each department shifts the responsibility for the current situation to its neighbors, it is impossible to find the ends.

Deputies rush here on a dashing horse, they take estimates from the press that about half of the frauds are connected with prison call centers and the FSIN needs to be given a tool to fight this criminal wave. Already in the very formulation of the question, I am jarred by the fact that the FSIN needs some additional tools, in addition to those at their disposal. The prisoners are in guarded premises, their life is strictly regulated, but, nevertheless, they get access to communications. Perhaps this is a problem of organizing the work of the Federal Penitentiary Service, and not a lack of prohibitions?

In Russia, there are no statistics on how many SIM cards are in the hands of prisoners, how many frauds are committed with their participation. We can safely name any percentage, the probability of this number will be the same, we simply do not have any data and realistic estimates. When trying to solve this issue, in fact, it is possible to obtain such data. This is how it might look.

Operators can see how many phones are working within one base station, the communication usage profile for inmates is very peculiar, and it is not difficult to calculate them. Moreover, as the seller of one of the operator’s points near the pre-trial detention center told me, it is clearly visible when SIM cards are bought for prisoners. A person comes with several passports, issues dozens of SIM cards on them, which are immediately activated. The operator sees the simultaneous appearance of SIM-cards on its network, which is out of the usual pattern for a larger number of buyers across the country. But what’s even more interesting is that you can superimpose these events on the prison routine, personnel changes, and the picture will be complete. In fact, simply by analyzing the old data of the operators, which have not gone anywhere, one can more or less accurately assert in which shifts and who brought in the SIM-cards to the places of confinement. Nobody tried to confuse the tracks, because they did not understand that they remain. Another thing is that it is almost impossible to prove the fact of the transfer of SIM-cards, their use.

An important point – prisoners cannot issue SIM cards for themselves, all contracts are concluded for third parties who have no faults before the law, these people are at large. And here is the time to consider what the deputies proposed to do.

Amendments to the law on communications, MPs against prison call centers

Let’s quote the news about the new law so that you understand what all the fuss is going on around:

“Operators will be required to stop providing services by numbers, which are used on the territory of pre-trial detention centers and correctional institutions. Termination of communication services will take place on the basis of a written decision of the head, deputy head of the Federal Penitentiary Service or the head of the territorial body of the Federal Penitentiary Service.

“We are seeing a surge in cybercrime against the backdrop of an overall decline in crime in general. The most common forms are phishing (fake sites) and vishing (telephone fraud – calling out on behalf of “banks” and “insurance companies”). Often, it is from places of detention that they call to clarify the latest transactions on your bank card. The proposed measures should prevent the commission of new crimes by people already serving their sentences and reduce the number of cyber threats, ”said one of the co-authors of the bill, Alexander Khinshtein.

The bill was adopted by the State Duma in the third reading on February 17 this year. The authors of the initiative were the heads of the three Duma committees Alexander Khinshtein, Vasily Piskarev and Pavel Krasheninnikov. “

You can get acquainted with the text of the bill and all the amendments to it here.

Let’s quote one of the excerpts from the amendments to the law on communications, it will explain everything:

“6. Termination of the provision of communication services on subscriber numbers of mobile radiotelephone communications in cases of the use of these subscriber numbers by suspects, accused and convicted in the territories of correctional institutions and pre-trial detention centers is carried out by telecom operators on the basis of a decision in writing by the head of the federal executive body exercising law enforcement functions, control functions and supervision over the execution of criminal punishments in relation to convicted persons, or his deputy or the head of the territorial body of the penal system, which is in charge of a pre-trial detention center or correctional institution, in cases established by federal laws.

The procedure for interaction of the federal executive body exercising law enforcement functions, the functions of control and supervision in the field of the execution of criminal punishments in relation to convicts, its territorial bodies with communication operators on the termination of the provision of communication services by subscriber numbers of mobile radiotelephone communications in cases where the indicated subscriber numbers are used by suspects , accused and convicted in the territories of pre-trial detention centers and correctional institutions, as well as the form of the decision to terminate the provision of communication services, the timing of its adoption and sending to telecom operators, the terms of termination of the provision of communication services on the specified subscriber numbers are established by the Government of the Russian Federation.

The telecom operator cannot be held liable and measures cannot be taken against him for violations of license requirements caused by the termination of the provision of communication services on subscriber numbers of mobile radiotelephone communications, in cases where the indicated subscriber numbers are used by suspects, accused and convicted in the territories of correctional institutions and remand prisons, if such termination was carried out on the basis of a decision of the head of the federal executive body exercising law enforcement functions, functions of control and supervision in the field of execution of criminal punishments in relation to convicted persons, or his deputy or the head of the territorial body of the penal system in charge of pre-trial detention center or correctional institution. ”.

In fact, the scheme looks like the management of the Federal Penitentiary Service submits an application to the operator for certain phone numbers so that the latter stops their service. In this case, the operator is obliged to disable the numbers, he does not bear any responsibility for this.

Now let’s remember that there is no technical regulation on how the FSIN will do this, just as this regulation is not described for operators either. In theory, FSIN officers should find physical SIM cards from prisoners, find out their numbers and ask the operator to block them. But the situation looks idiotic, because, having received SIM-cards, there is no need to block them, they have already been withdrawn from circulation, prisoners have no access to them. In theory, someone on the loose can re-obtain them, but this usually does not happen.

Let me remind you that SIM-cards are issued for law-abiding people, so their blocking raises many questions. For example, Ivan Ivanov transferred SIM-cards to prison, made his own business on this. At some point, some of these SIM cards are blocked at the suggestion of people from the Federal Penitentiary Service. They have a certain balance, and it is not so important how much it is – one ruble or several thousand. The operator is obliged to return this money, he cannot take it into his pocket. Moreover, the operator has no reason for Ivan Ivanov not to receive new SIM-cards. There is no law that would restrict a resident of Russia in the purchase of SIM-cards.

It turns out that the old, well-developed scheme for supplying SIM-cards to prisons does not disappear anywhere. Perhaps the cost of this service will increase, but it itself will not go anywhere.

FSIN employees do not have any magic ball to find out what SIM cards prisoners use, operators can do this, and then only with a certain degree of certainty, an accuracy of 100% is unlikely. But the law does not compel operators to do this unusual work for them. Moreover, the operators cannot disclose the personal data of their subscribers within the framework of the existing legislation, that is, the FSIN will not receive any information from the operators in principle. This is a one-way road, employees of the Federal Penitentiary Service provide phone numbers (but not the names of the subscribers on which they are registered), and then the operator must block them.

And this creates a huge scope for abuse, when in fact it will be possible to block any mobile phone number in Russia without a court decision and without a procedure for its subsequent restoration (there are no regulations, there is no such procedure). For example, an employee of the Federal Penitentiary Service sends my number +7925 XXX XX XX to MegaFon, and the operator blocks it, as provided by law. Unfortunately, the law does not even provide for verification that this number is used in a specific geolocation associated with places of detention, and that the number is there for a certain time.

In the best case, before turning off the number, an SMS message will be sent to it, in which they will tell me that by the decision of the FSIN and in accordance with such a law, the operator stops providing me with communication services. What will happen next? A call to the support service will not give me absolutely nothing, perhaps they will offer me to create a new number and transfer the balance of funds to it. But what about the fact that on this number I have registered social networks, some services, perhaps banking services? No way, your number does not belong to you, it does not even belong to your operator, since the number capacity is leased from the state. Without a number, you will not be able to access the “State Services” service, your life will be very difficult.

Is there a responsibility of FSIN employees for providing ordinary people with numbers for blocking? No, it doesn’t exist. Is there a regulation where they have to provide physical SIM cards for this kind of blocking? No, it doesn’t exist. Is there a chance that for a small bribe they will start blocking the numbers of people who annoy someone? Looking at the number of phones in prisons that suddenly pop up out of thin air, there is no doubt about it.

The law is crude, but gives the FSIN an almost ideal tool for blocking any mobile phone number on the territory of Russia. And this means that it is urgently necessary to come up with regulations, within the framework of which the Federal Penitentiary Service should work. You don’t need a lot of rules, just a few will be enough:

• Blocking the SIM card and phone number by the Federal Penitentiary Service must be confirmed by the geolocation operator that this SIM card was indeed constantly near the correctional institution;
• Blocking can occur when a physical SIM card is provided that has been taken from a prisoner;
• Make the FSIN employees responsible for indicating inaccurate phone numbers, that is, using the system to block ordinary citizens;

But do you know what is the worst thing about these changes in the law? The fact that they do not solve the problem somehow. That is, telephones are prohibited in places of detention, they are already confiscated when they are found. Blocking SIM-cards does not give anything at all, since the number simply disappears, and that’s all. Then new SIM-cards end up in jail the old way, and everything repeats itself. For a non-working system, they give an additional tool that does not solve the problem in any way, but gives cunning people the opportunity to create an additional market for services for blocking anyone’s phones. And it looks at least amazing. I am not even talking about the lack of responsibility of the deputies for their actions, since it has become customary to first propose and then rake out the consequences of these innovations. They are raking, as usual, by completely different people.

Alas, all these SIM-blocking initiatives are harmful, they look like a redundant measure that does not solve anything at all. It turns out that one more tool is added to the non-working prison rules, which does not work with the same success, does not solve anything at all. This makes it sad.

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