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How people are monitored through calls and messengers. A criminal lawyer reveals the secrets of tracking the population. Interview with a lawyer. About responsibility. Podcast with a lawyer. Criminal lawyer.
Anton Tashchilin is a criminal lawyer, former investigator. Specialist in non-standard solutions to any criminal cases. Economic crimes, Fraud, Resolving issues with government agencies, thefts, murders, drugs.
Contents:
Interviewer:
How do they track people through calls and messengers? Who and why tracks your calls and correspondence? How to communicate with the police? What to do if you end up in court or prison? Today there will be a heated conversation, as we have in the studio criminal lawyer Anton Tashchilin, who will share all the secrets of Russian justice. Good afternoon, Anton.
Lawyer:
Good afternoon, Ivan.
What to do if you find money or a phone.
Interviewer:
Anton, I have long been interested in this question. Found money or a phone is it luck or a crime, even a very common scheme.
Lawyer:
Fraud with throwing money when some citizen thought that he was very lucky to pick up this money and put it in his pocket and then, let's say, a certain fraudulent scheme entered into force. I would strongly advise against picking it up and putting it in your pocket because it could turn out to be purely by chance that some citizen will write a statement that they were
stolen from him, or he put them and forgot, let's say, in some public place, on a bench, and if you pick up these things, in particular, put the money in your pocket, then this can be considered theft, committing a crime.
Interviewer:
And where is the line of theft or found? Also an interesting point. Well, really, if there are some lying on a bench in the street at night there is no one and I took them and he says that he put them there and left them for 5 minutes or they flew there by the wind, by and large you.
Lawyer:
They must take all necessary measures to establish the owner of this property, money, phone, etc. But why should I, as a citizen, take any other measures? Well then, what do you want? You want to steal them and appropriate them for yourself? Well, I found them, but I didn’t find them. If there’s a phone lying around, you picked it up, took out the SIM card, turned it off, put it in your pocket, and then took it to a bag at some kind of pawn shop, then you stole it,
it didn’t belong to you, and you decided to get rich off someone else’s, acting for selfish reasons.
How people are tracked by cameras on the street, in the metro, and in shopping centers.
Interviewer:
Partly out of carelessness, oversight, I don’t recommend doing that well, but in general, in 2025, when there are cameras everywhere, when everything is digitalized, you can generally commit a crime and go unnoticed?
Lawyer:
Well, let’s say it depends on how much they want to find it?
Interviewer:
Well, my question was more about the fact that there are a lot of modern tracking systems, everything is digitalized, again, there are cameras everywhere. In Turkey, there was some kind of explosion, this woman was detained after half an hour, although there were just millions of people walking around there. Everything is tracked, after all?
Lawyer:
Of course, the same systems work in Russia, and if we are talking about large cities, then there are cameras installed literally on every corner. These cameras are not simple, they have functions for facial recognition, identification. Therefore, let's say, it is difficult, if not impossible, to hide, including even in public places.
Big Brother is watching us all.
Interviewer:
I even heard that now those who evade conscription are easily accepted in the metro, and this is exactly what they do with cameras, like reading a face and somehow sending a request there. Is this true or not?
Lawyer:
But if a person has committed a crime, and he is entered into certain databases, then in particular in the metro there is a very high probability that he will be detained not necessarily in the metro, including even in large shopping centers or literally in the entrance cameras, that is, it will be possible to track, let's say, the movement of this person.
But I am hearing for the first time that these means are used against draft dodgers, I think, to whom the recording is turned on or is it all a myth about various messengers.
How WhatsApp and Telegram correspondence is read.
Interviewer:
Fortunately, we have not yet reached this, we asked to ask whether the authorities really read WhatsApp correspondence in Telegram and at what point do they become interested in whether there are key words after.
Lawyer:
Yes, such as you mentioned Telegram WhatsApp and so on, of course, employees of the authorities, including state security agencies, have access to them, and I have repeatedly come across transcripts and correspondence of the relevant messengers, including Telegram, during the investigation of criminal cases.
With WhatsApp, of course, it is more difficult, but nevertheless. As for wiretapping these messengers, well, in general, all the information is closed, and it, it, let's say, does not very quickly come into the public eye. That is, including all the special services do not want to advertise where they have this or that information.
Therefore, to say that it is 100% safe and can be used, and no one listens to us, and no one controls us, is absolutely not true. Everyone listens, everyone controls. The question is how interesting you will be to these services, I heard.
Interviewer:
That WhatsApp is more complicated, well, it seems that there were other data that Telegram is some kind of super closed network, but here it turns out that WhatsApp is more closed.
Why is WhatsApp more reliable than Telegram.
Lawyer:
Than Telegram well I analyze based on, let's say, my practice of criminal cases with WhatsApp I have almost never encountered direct information collection, but with But, as practice shows, if a person wants to hide something and tries to use various secure messengers and so on, but there is a second addressee. And often, with, let's say, a very strong interest of certain special services, they can get this data from your second person, with whom you communicate.
What happens if you delete WhatsApp or Telegram correspondence.
Interviewer:
Then here's a question. Telegram allows you to delete both your own correspondence and that of the second addressee. Deleting it altogether, then, does it completely reset access there?
Lawyer:
Here the situation is quite more complicated, of course. The question is that this information is obtained for a certain period. That is, a person can continue to communicate or correspond, not knowing that he or she is already under one or another control. And if this control has already been implemented, this information has already been received, well, this deletion will not help him in any way and will not play a decisive role.
Interviewer:
And access to email, to Mail?
Lawyer:
Unproblematic.
It's like in one of the criminal cases we actively prove our innocence and are not involved in committing a crime. At the same time, accordingly, we ourselves provide business correspondence, and so on.
What the investigator told him, thank you, we already have everything. That is, there is no secret for the services here.
What is more difficult to hack iPhone or Android.
Interviewer:
I also heard that if we talk about the phone itself and the operating system, that allegedly iPhone is more difficult to hack than Android. Is this true or not?
Lawyer:
Absolutely true. The latest iPhone models, if we take 15-16, As far as, again, I know and from my practice, I have not seen access gained if the person did not provide the password. Accordingly, iPhone is much more difficult to submit to forensic examination, which cannot be said about Android.
Like all conversations on mobile phones are recorded.
Interviewer:
And as for key words, I heard that if you say even if the connection is bad on your phone, then say a magic word, for example, "Putin," and supposedly the connection immediately becomes better, is this true or not, and at that moment, some recording is turned on somewhere, it gets ticked if.
Lawyer:
You talk on a regular cellular connection, your conversation is recorded in any case, no matter what you are, and it is stored on servers for up to six months.
Recording calls via WhatsApp and Telegram.
Interviewer:
And if it is a call via Telegram or WhatsApp?
Lawyer:
If it is a call via Telegram or WhatsApp, I think, again, no one knows for sure. This is classified information, tactics and methods of work of special services. But this, I think, is more from the realm of myths and horror stories. That is, they are not recorded? I repeat, no one knows for sure about this, but technically it is extremely difficult to do and in fact, both Telegram and WhatsApp cannot be listened to in real time. There is
a question on creating backup copies of various copies via Telegram and so on, so to speak, the technical part of this.
How do they track a person's movements by their phone.
Interviewer:
It is possible, but I highly doubt it, and here is another question: is it really very easy to track a person's movements by their SIM card, because...
Lawyer:
It moves, yes, of course, because it is linked to base stations.
Interviewer:
Every time a mobile phone, that is, you can simply take the person the phone is registered to and see almost like in Yandex maps how the person moves like that.
Lawyer:
Well, in theory, he should have access to the Internet or make calls at that time, that is, there should be data transmission, but given that we constantly have various applications running, including those that use the Internet, yes, of course, this can be done.
If you need to establish literally, let's say, a specific location where a person is, special technical devices are used for this, which allow, let's say, to track the location of this phone, what kind of device is this, people call it a boat, I don't want to go into the technical part, but they allow you to determine the exact location of the phone literally on the 14th floor, on the right side of the window, but you need to attach something to it, or how are all these activities
carried out exclusively within the framework of operational investigative activities, regulated by code, and if they are already being carried out in relation to someone, he has serious problems.
Why can't you track your wife or husband.
Interviewer:
But in general, this is surveillance in some way, right? And so I had this question. But if a jealous wife spies on her husband and hires someone or installs trackers, is that legal or not?
Lawyer:
No, that is absolutely illegal. It can be considered an interference in private life, and it is also prosecuted by law. That is, in fact, only law enforcement agencies can engage in operational-risky activities in the context of preventing, committing crimes, solving crimes. But private detective activity is a little different, and it is forbidden to track your spouse in any way using trackers and special technical devices, it is a criminal offense.
Is it legal to plant an AirTag to track a person?
Interviewer:
Well, you can just connect it, for example, to track an iPhone, it is, in fact, also a tracker.
Lawyer:
No, there are various, if we say what a tracker is, if tracking an iPhone is a program installed on the phone, where you give consent to this tracking, there are, for example, various AR tags that can be put, and there are special beacons, and in general the very fact of acquiring such beacons, which are special equipment, that is, they must meet certain parameters, then this is already a crime.
That is, selling, especially technical, some devices. By the way, many of the borders order them. Questions may also arise about them. If we are talking about a tracker that can be bought in a store, the same Artak, if you noticed, it gives a message to a person if he often finds something with him that this or that device is with you.
This is done precisely in order to exclude illegal surveillance.
How the tax service tracks those who make expensive purchases.
Interviewer:
And if a person makes some very large purchases, but in fact he does not have such income, is there an amount after which surveillance is also activated or, as it was before, a declaration must be filed or something else? That is, is there tracking of purchases?
Lawyer:
Now there are a lot of discussions about the fact that there is a certain amount after which the tax service will begin or, so to speak, initiate this or that inspection. In practice, I can say that I have not encountered this.
I know a lot of, so to speak, various clients of mine who make purchases for large amounts, and there were no questions for them, but if you take some kind of his activity, where, let's say, an inspection is being conducted in relation to his company, then, accordingly, he already has or has some enforcement proceedings, then, accordingly, inspections are already possible here, including for personal expenses.
What will happen if you hit a person in 2025.
Interviewer:
Interesting. Anton, in the 90s, some personal issues were resolved by physical violence and no one could say anything extra to anyone because they would get punched in the face for it.
A. Lawyer:
Now that in general it is forbidden to hit anyone, it is forbidden to hit very often, including my clients had cases when they were right, they hit someone in the face for a reason, but the person fell or hit his head, he developed serious health problems, serious bodily harm was caused to health, for this you can go to prison, you probably don’t need to hit anyone unless there are no other options, then a specific case, we are driving in a car at a traffic light, some guy comes up and starts, I don’t know, banging his foot on the door, you tell him to move away, but he pounds on you and now there is a dent in the door and he starts hitting the mirror. What to do in such a case, well, as a lawyer, I can tell you that you need to call the police, so he will leave now, well then you need to take measures to detain him, but here it is permissible that one of the circumstances excluding the criminality of the act is the detention of the person who committed the crime, that is, if physical force was used against him to detain him before the arrival of the police, these acts will not be regarded as a crime.
Interviewer:
Well, detention is a bit of a stretch, how can he be detained? He is physically strong, let's say, on par, maybe take him with a crowbar, and you could even lose in this fight, well, you can't just say, well, hit him, then there is no proportionality.
Lawyer: There is
no proportionality. If you take a crowbar, hit him with a crowbar, your car is damaged.
Interviewer:
That's the whole point. Everything is somehow out of proportion. In 1990, they would have simply hit him in the face and no one would have even sorted it out.
Lawyer:
Well, if you are willing to take the risk, you can, but I don't recommend it. This is probably more of an emotional question. Sometimes people, getting into situations like this, are guided not by common sense, but by impulsiveness, and therefore, feelings of resentment, and so on. In any case, I don't recommend any... Not taking a crowbar, no, I don't know, not hitting back with something heavier, or if... And most importantly, not finishing him off. This is also absolutely not worth doing.
Well, physical force and defense can only be used exclusively as a defense. There should be no time gap. That is, if a person hit you in the car, broke something there, or even hit you in the face, turned around and walked away, and you caught up with him and started beating him, this is no longer defense.
Interviewer:
But recently there was an incident at the Oscars, some comedian said something unpleasant to Will Smith's wife because she was being treated on that bald spot, and Will Smith stood up, came up to him and hit him in the face with all his might, could this be criminal or not?
Lawyer:
Well, they have different legislation there, of course, but in our case I can say that there would be no criminal liability if this were in Russia with Will Smith. Because, well, first of all, he probably slapped him, that is, to say that there will be, let's say, any bodily harm, harm to health, well, it is unlikely. However, in the fight, we have cases of private prosecution, but the victim in
Interviewer:
in any case, he can go to court, well, but here, if we talk about proportionality, he just said something, it was not he who knocked him down, well.
Lawyer:
Let him be stronger, where is the line of proportionality, this line is always very thin, it is very easy to cross, it is just words, and often the parties always prove whether there is proportionality or not, and the final word will be for the court and for law enforcement practices.
Interviewer:
Well, it just seems to me that from a legal point of view, no words can be proportionate to physical violence, because, well, who knows what he said, they are just words.
Lawyer:
The law can never state that you can hit someone in the face for certain words. We have determined that you can’t hit someone in the face, but here the question is in analyzing the post factum, what to do with it, and how to evaluate it. If we consider this from the point of view of Russian legislation, an investigation will be conducted, as a result of which a decision will be made.
Based on the fact that it is extremely unlikely that there is any harm to health and so on, he should not be afraid of criminal liability.
What happens if you take an envelope or a parcel at the airport.
Interviewer:
Next question. Are there crimes that people commit without even knowing it? Well, for example, a person came up to you at the airport and said, please pass me some bottles or some things, or there was no room in my luggage, I checked it in, I already forgot, let me put them in yours, or pass an envelope to the teenagers, something else.
How often do such criminal cases arise and what are the most terrible crimes committed out of ignorance?
Lawyer:
You should never take any bottles, parcels, etc. from anyone to pass on, unless you personally know this person, you personally do not know what is there, and you are absolutely not sure of it, because there may be drugs there, there may be any prohibited substances, potent ones, if we are talking about direct transfer, and especially if when crossing borders this is still a separate composition, contraband exists.
Interviewer:
But here are some top 5 crimes that people commit out of ignorance.
Lawyer:
Well, let's say there is a deliberate crime and reckless crimes, that is, probably the entire category of reckless crimes is committed out of ignorance, that is, people did not want to commit them, but due to frivolity or a certain negligence, they allowed this to happen.
Is it possible to use Instagram if it is a prohibited social network
? Interviewer:
Anton, I have a question about prohibited social networks. That is, the very word "prohibited" says that it cannot be used. And what does this mean? That it has been two years since it was banned, and if during these two years someone published something there, a post, a story, some reels-shorses, it turns out that they all violate the law?
Lawyer:
It is blocked, that is, access to it is limited. However, in fact, it is possible to use it.
Interviewer:
Well, okay, you can use it through a VPN, and this is ...
Lawyer:
For personal purposes, without advertising, even with advertising for now, until September of 25.
Is it possible to use a VPN or is it a violation.
Interviewer:
Okay, VPN is also a scam. That is, I log into a program that changes my location in order to deceive the law, which has banned its use in Russia. And, as it were, in a roundabout way, I commit crimes by logging into a banned social network. That’s how it looks from the outside. It turns out that using a VPN is also a violation.
Lawyer:
Using a VPN is not a violation. Advertising a VPN, somehow promoting a VPN is a violation here now. VPN can be divided, again, into two parts. Why do you use a VPN?
Interviewer:
To bypass bans.
Lawyer:
To bypass blocking. Yes. If you use a VPN to bypass blocking purely formally, you can be considered, so to speak, as breaking the law, but you won’t get into trouble for it. For now.
Interviewer:
Or later retroactively, because everything that is published has a date, since it was done during that period, then guilt can be proven.
Lawyer:
Here you need to pay more attention to what you publish. If you publish some personal photos from a family vacation spot, then you will not be held accountable for this, so to speak. But if you publish some calls to commit a crime or some illegal activity, or in some way...
Interviewer:
On the other hand, there is YouTube, and it has limited access. No one uses the word "blocked" there, no one uses the word "prohibited". But there is Instagram, Facebook, and here it specifically says "prohibited". There is no mention of restricted anywhere, and it turns out that YouTube is allowed, but inconvenient, and Instagram is basically not allowed, it is allowed, but inconvenient.
Lawyer:
But we are not responsible for using Instagram there for personal purposes as well as Facebook, we all let's say it's a violation in the administrative criminal law it is expressly stated that using prohibited networks is neither a crime nor an administrative offense.
Interviewer:
Yeah. Good.
Lawyer:
There is not a single case yet, no one has been prosecuted for using Instagram or Facebook for personal purposes, unless it is related to posting some prohibited information.
Interviewer:
But it is recommended to add this phrase that all meta services there are extremist tra-ta-ta-ta-ta-ta it turns out and what if you do not write.
Lawyer:
This inscription will then be responsible for mandatory labeling in connection with which we and accordingly.
What happens if a blogger from Russia uses a foreign Instagram account.
Interviewer:
Everyone now complies with this labeling such a question and if the blogger registered an account for himself not in They publish it there, but he himself is actually in Russia. And they use targeted advertising, sell it there. And as if the account is not in Russia, but it is in Russia. Is this a violation or not?
Lawyer:
Well, that's a very good question. Here we can only get answers based on practice.
What rights does a police officer have when approaching you on the street.
Interviewer:
Okay, then I suggest moving on to the section on how to properly communicate with the police or with the Russian Guard and in general how the police differ from the Russian Guard.
Lawyer:
But these are different services, some are more related to the military, others to the Ministry of Internal Affairs system.
Interviewer:
How to communicate with them, do they have the right to approach, search, interrogate, find out, ask to see your phone number, recently an acquaintance of mine told me about a case where he and a friend were riding bicycles and went somewhere. And then the police officers came up and asked them to show their phones, show a map. They allegedly suspect them of being some kind of people who make bookmarks there, that they may have points marked on the map.
And these two people, they began to doubt what to do. On the one hand, to show that everything is clean, on the other hand, if you show anything else, they will pin it on you. Is this even legal?
Lawyer:
Well, they were stopped, as I understand it, on the street. Yes. They probably checked their documents. Probably. I wonder how the police officers acted here, how they explained their logic. There are more questions than answers here, this is the first time I've heard of this, of course.
And then about similar tactics and methods of work of the same, probably, traffic police, but this takes place, because now the issue with drugs, the issue with various caches, it is very relevant, and it is all the time, we see it ourselves when we go out on the street, that somewhere someone is rummaging or looking for something. Accordingly, here, probably, the police officers acted a little out of the ordinary, they, perhaps, had some suspicions, and they asked, that is, they, as I understand it, did not give any instructions or legal demands.
Interviewer:
Such a soft line, to ask or to give instructions.
Why you can’t give anyone your phone password.
Lawyer:
Yes, of course, that is, in fact, the police cannot give instructions or give their phone password at all. I directly defend this point of view here and am completely confident in it, because the Constitution guarantees the right not to testify against yourself, your loved ones, and so on.
That is, by and large, a person who gives the password to his phone, he thereby gives evidence that can harm him in the future. If, accordingly, the police have some questions and suspicions, they must prove guilty of something or not guilty. In this particular case, since, as I understand it, your acquaintances had nothing to hide, they were not against it, they showed, that is...
Interviewer:
They did not show.
Lawyer:
They did not show, but here it is very interesting, and how did it all end?
Interviewer:
Well, I do not know for sure, there was some... That is, one person wanted to show, the second did not want to, but the fear that they would be charged with something, somehow they parted ways.
Lawyer:
Well, then the police officers probably kept their suspicions to themselves and went on to perform their official duties. Or they were not so strong, that is, there were no grounds for delivering them to the territorial police department, for some kind of personal search, that they were in a state of some kind of intoxication, as I understand it, there were no grounds.
Yes, they did not ask him, they refused, they left, but let's say if they decided to insist on their own and there were grounds to suspect these individuals of involvement in some kind of illegal turnover, they really did make caches somewhere or something else, but witnesses could have been called, a personal search could have been carried out, these citizens could have been delivered to the territorial police department again, either for a personal search, or later for referral for a medical
examination.
Is it necessary to always carry a passport with you
? Interviewer:
Is a citizen obliged, in principle, to carry a passport with him and present it?
Lawyer:
As such, a citizen must have an identity card. The most common identity card in this case is a passport. There are a number of other documents that also meet the criteria for identity documents, ideally yes, but they are not required to, well, they are not required to.
Interviewer:
What should you do if, in principle, police officers approach you on the street and ask you to show your documents or go somewhere or show what you have in your bag?
Lawyer:
How much is this legal, but police officers have the right to check citizens' documents, accordingly, they must also show their documents, introduce themselves, explain why this check is necessary, again, here you need to proceed from where you are, that is, if you are in some public place, there are some, maybe mass events, you go there to the territory that is fenced off and an inspection takes place, and, accordingly, you show your bag.
There are no problems with this. If a policeman comes up to you in some dark corner and asks to show your bag, well, probably, yes, it will be questionable, and his actions here, let's say, probably are not entirely legal, because it is difficult to say for what purpose and under what circumstances he is acting and what he is guided by.
Interviewer:
Well, Anton, that was very interesting. I still have a lot of questions. I hope we will meet again to discuss them. I would like to say to our viewers that I do not advise anyone, in principle, to get into such situations, but it is really necessary to know the answers to questions. Write your questions in the comments, and Anton will probably answer them all. Goodbye!
Useful contacts and links:
Anton Tashchilin's Telegram channel: https://t.me/advokat_tashilin
Anton Tashchilin is a criminal lawyer, former investigator. Specialist in non-standard solutions to any criminal cases. Economic crimes, Fraud, Resolving issues with government agencies, thefts, murders, drugs.
Contents:
- How people are tracked through calls and messengers.
- What to do if you found money or a phone.
- How people are tracked by cameras on the street, in the metro and in shopping centers.
- How to read WhatsApp and Telegram correspondence.
- Why Whatsap is more reliable than Telegram.
- What happens if you delete a Whatsap or Telegram conversation.
- Can they read my mail?
- What is more difficult to hack iPhone or Android.
- How all cell phone conversations are recorded.
- Recording calls via Whatsap and Telegram.
- How to track a person's movements using their phone.
- Why you can't track your wife or husband.
- Is it legal to plant an AirTag to track a person?
- How the tax office tracks those who make expensive purchases.
- What happens if you hit a person in 2025.
- What happens if you take an envelope or parcel at the airport.
- Is it possible to use Instagram if it is a prohibited social network?
- Is it possible to use VPN or is it a violation?
- What happens if a blogger from Russia uses a foreign Instagram account.
- What rights does a police officer have when approaching you on the street?
- Why you shouldn't give your phone password to anyone.
- Do you need to always carry your passport with you?
- Does a police officer have the right to search your bag?
Interviewer:
How do they track people through calls and messengers? Who and why tracks your calls and correspondence? How to communicate with the police? What to do if you end up in court or prison? Today there will be a heated conversation, as we have in the studio criminal lawyer Anton Tashchilin, who will share all the secrets of Russian justice. Good afternoon, Anton.
Lawyer:
Good afternoon, Ivan.
What to do if you find money or a phone.
Interviewer:
Anton, I have long been interested in this question. Found money or a phone is it luck or a crime, even a very common scheme.
Lawyer:
Fraud with throwing money when some citizen thought that he was very lucky to pick up this money and put it in his pocket and then, let's say, a certain fraudulent scheme entered into force. I would strongly advise against picking it up and putting it in your pocket because it could turn out to be purely by chance that some citizen will write a statement that they were
stolen from him, or he put them and forgot, let's say, in some public place, on a bench, and if you pick up these things, in particular, put the money in your pocket, then this can be considered theft, committing a crime.
Interviewer:
And where is the line of theft or found? Also an interesting point. Well, really, if there are some lying on a bench in the street at night there is no one and I took them and he says that he put them there and left them for 5 minutes or they flew there by the wind, by and large you.
Lawyer:
They must take all necessary measures to establish the owner of this property, money, phone, etc. But why should I, as a citizen, take any other measures? Well then, what do you want? You want to steal them and appropriate them for yourself? Well, I found them, but I didn’t find them. If there’s a phone lying around, you picked it up, took out the SIM card, turned it off, put it in your pocket, and then took it to a bag at some kind of pawn shop, then you stole it,
it didn’t belong to you, and you decided to get rich off someone else’s, acting for selfish reasons.
How people are tracked by cameras on the street, in the metro, and in shopping centers.
Interviewer:
Partly out of carelessness, oversight, I don’t recommend doing that well, but in general, in 2025, when there are cameras everywhere, when everything is digitalized, you can generally commit a crime and go unnoticed?
Lawyer:
Well, let’s say it depends on how much they want to find it?
Interviewer:
Well, my question was more about the fact that there are a lot of modern tracking systems, everything is digitalized, again, there are cameras everywhere. In Turkey, there was some kind of explosion, this woman was detained after half an hour, although there were just millions of people walking around there. Everything is tracked, after all?
Lawyer:
Of course, the same systems work in Russia, and if we are talking about large cities, then there are cameras installed literally on every corner. These cameras are not simple, they have functions for facial recognition, identification. Therefore, let's say, it is difficult, if not impossible, to hide, including even in public places.
Big Brother is watching us all.
Interviewer:
I even heard that now those who evade conscription are easily accepted in the metro, and this is exactly what they do with cameras, like reading a face and somehow sending a request there. Is this true or not?
Lawyer:
But if a person has committed a crime, and he is entered into certain databases, then in particular in the metro there is a very high probability that he will be detained not necessarily in the metro, including even in large shopping centers or literally in the entrance cameras, that is, it will be possible to track, let's say, the movement of this person.
But I am hearing for the first time that these means are used against draft dodgers, I think, to whom the recording is turned on or is it all a myth about various messengers.
How WhatsApp and Telegram correspondence is read.
Interviewer:
Fortunately, we have not yet reached this, we asked to ask whether the authorities really read WhatsApp correspondence in Telegram and at what point do they become interested in whether there are key words after.
Lawyer:
Yes, such as you mentioned Telegram WhatsApp and so on, of course, employees of the authorities, including state security agencies, have access to them, and I have repeatedly come across transcripts and correspondence of the relevant messengers, including Telegram, during the investigation of criminal cases.
With WhatsApp, of course, it is more difficult, but nevertheless. As for wiretapping these messengers, well, in general, all the information is closed, and it, it, let's say, does not very quickly come into the public eye. That is, including all the special services do not want to advertise where they have this or that information.
Therefore, to say that it is 100% safe and can be used, and no one listens to us, and no one controls us, is absolutely not true. Everyone listens, everyone controls. The question is how interesting you will be to these services, I heard.
Interviewer:
That WhatsApp is more complicated, well, it seems that there were other data that Telegram is some kind of super closed network, but here it turns out that WhatsApp is more closed.
Why is WhatsApp more reliable than Telegram.
Lawyer:
Than Telegram well I analyze based on, let's say, my practice of criminal cases with WhatsApp I have almost never encountered direct information collection, but with But, as practice shows, if a person wants to hide something and tries to use various secure messengers and so on, but there is a second addressee. And often, with, let's say, a very strong interest of certain special services, they can get this data from your second person, with whom you communicate.
What happens if you delete WhatsApp or Telegram correspondence.
Interviewer:
Then here's a question. Telegram allows you to delete both your own correspondence and that of the second addressee. Deleting it altogether, then, does it completely reset access there?
Lawyer:
Here the situation is quite more complicated, of course. The question is that this information is obtained for a certain period. That is, a person can continue to communicate or correspond, not knowing that he or she is already under one or another control. And if this control has already been implemented, this information has already been received, well, this deletion will not help him in any way and will not play a decisive role.
Interviewer:
And access to email, to Mail?
Lawyer:
Unproblematic.
It's like in one of the criminal cases we actively prove our innocence and are not involved in committing a crime. At the same time, accordingly, we ourselves provide business correspondence, and so on.
What the investigator told him, thank you, we already have everything. That is, there is no secret for the services here.
What is more difficult to hack iPhone or Android.
Interviewer:
I also heard that if we talk about the phone itself and the operating system, that allegedly iPhone is more difficult to hack than Android. Is this true or not?
Lawyer:
Absolutely true. The latest iPhone models, if we take 15-16, As far as, again, I know and from my practice, I have not seen access gained if the person did not provide the password. Accordingly, iPhone is much more difficult to submit to forensic examination, which cannot be said about Android.
Like all conversations on mobile phones are recorded.
Interviewer:
And as for key words, I heard that if you say even if the connection is bad on your phone, then say a magic word, for example, "Putin," and supposedly the connection immediately becomes better, is this true or not, and at that moment, some recording is turned on somewhere, it gets ticked if.
Lawyer:
You talk on a regular cellular connection, your conversation is recorded in any case, no matter what you are, and it is stored on servers for up to six months.
Recording calls via WhatsApp and Telegram.
Interviewer:
And if it is a call via Telegram or WhatsApp?
Lawyer:
If it is a call via Telegram or WhatsApp, I think, again, no one knows for sure. This is classified information, tactics and methods of work of special services. But this, I think, is more from the realm of myths and horror stories. That is, they are not recorded? I repeat, no one knows for sure about this, but technically it is extremely difficult to do and in fact, both Telegram and WhatsApp cannot be listened to in real time. There is
a question on creating backup copies of various copies via Telegram and so on, so to speak, the technical part of this.
How do they track a person's movements by their phone.
Interviewer:
It is possible, but I highly doubt it, and here is another question: is it really very easy to track a person's movements by their SIM card, because...
Lawyer:
It moves, yes, of course, because it is linked to base stations.
Interviewer:
Every time a mobile phone, that is, you can simply take the person the phone is registered to and see almost like in Yandex maps how the person moves like that.
Lawyer:
Well, in theory, he should have access to the Internet or make calls at that time, that is, there should be data transmission, but given that we constantly have various applications running, including those that use the Internet, yes, of course, this can be done.
If you need to establish literally, let's say, a specific location where a person is, special technical devices are used for this, which allow, let's say, to track the location of this phone, what kind of device is this, people call it a boat, I don't want to go into the technical part, but they allow you to determine the exact location of the phone literally on the 14th floor, on the right side of the window, but you need to attach something to it, or how are all these activities
carried out exclusively within the framework of operational investigative activities, regulated by code, and if they are already being carried out in relation to someone, he has serious problems.
Why can't you track your wife or husband.
Interviewer:
But in general, this is surveillance in some way, right? And so I had this question. But if a jealous wife spies on her husband and hires someone or installs trackers, is that legal or not?
Lawyer:
No, that is absolutely illegal. It can be considered an interference in private life, and it is also prosecuted by law. That is, in fact, only law enforcement agencies can engage in operational-risky activities in the context of preventing, committing crimes, solving crimes. But private detective activity is a little different, and it is forbidden to track your spouse in any way using trackers and special technical devices, it is a criminal offense.
Is it legal to plant an AirTag to track a person?
Interviewer:
Well, you can just connect it, for example, to track an iPhone, it is, in fact, also a tracker.
Lawyer:
No, there are various, if we say what a tracker is, if tracking an iPhone is a program installed on the phone, where you give consent to this tracking, there are, for example, various AR tags that can be put, and there are special beacons, and in general the very fact of acquiring such beacons, which are special equipment, that is, they must meet certain parameters, then this is already a crime.
That is, selling, especially technical, some devices. By the way, many of the borders order them. Questions may also arise about them. If we are talking about a tracker that can be bought in a store, the same Artak, if you noticed, it gives a message to a person if he often finds something with him that this or that device is with you.
This is done precisely in order to exclude illegal surveillance.
How the tax service tracks those who make expensive purchases.
Interviewer:
And if a person makes some very large purchases, but in fact he does not have such income, is there an amount after which surveillance is also activated or, as it was before, a declaration must be filed or something else? That is, is there tracking of purchases?
Lawyer:
Now there are a lot of discussions about the fact that there is a certain amount after which the tax service will begin or, so to speak, initiate this or that inspection. In practice, I can say that I have not encountered this.
I know a lot of, so to speak, various clients of mine who make purchases for large amounts, and there were no questions for them, but if you take some kind of his activity, where, let's say, an inspection is being conducted in relation to his company, then, accordingly, he already has or has some enforcement proceedings, then, accordingly, inspections are already possible here, including for personal expenses.
What will happen if you hit a person in 2025.
Interviewer:
Interesting. Anton, in the 90s, some personal issues were resolved by physical violence and no one could say anything extra to anyone because they would get punched in the face for it.
A. Lawyer:
Now that in general it is forbidden to hit anyone, it is forbidden to hit very often, including my clients had cases when they were right, they hit someone in the face for a reason, but the person fell or hit his head, he developed serious health problems, serious bodily harm was caused to health, for this you can go to prison, you probably don’t need to hit anyone unless there are no other options, then a specific case, we are driving in a car at a traffic light, some guy comes up and starts, I don’t know, banging his foot on the door, you tell him to move away, but he pounds on you and now there is a dent in the door and he starts hitting the mirror. What to do in such a case, well, as a lawyer, I can tell you that you need to call the police, so he will leave now, well then you need to take measures to detain him, but here it is permissible that one of the circumstances excluding the criminality of the act is the detention of the person who committed the crime, that is, if physical force was used against him to detain him before the arrival of the police, these acts will not be regarded as a crime.
Interviewer:
Well, detention is a bit of a stretch, how can he be detained? He is physically strong, let's say, on par, maybe take him with a crowbar, and you could even lose in this fight, well, you can't just say, well, hit him, then there is no proportionality.
Lawyer: There is
no proportionality. If you take a crowbar, hit him with a crowbar, your car is damaged.
Interviewer:
That's the whole point. Everything is somehow out of proportion. In 1990, they would have simply hit him in the face and no one would have even sorted it out.
Lawyer:
Well, if you are willing to take the risk, you can, but I don't recommend it. This is probably more of an emotional question. Sometimes people, getting into situations like this, are guided not by common sense, but by impulsiveness, and therefore, feelings of resentment, and so on. In any case, I don't recommend any... Not taking a crowbar, no, I don't know, not hitting back with something heavier, or if... And most importantly, not finishing him off. This is also absolutely not worth doing.
Well, physical force and defense can only be used exclusively as a defense. There should be no time gap. That is, if a person hit you in the car, broke something there, or even hit you in the face, turned around and walked away, and you caught up with him and started beating him, this is no longer defense.
Interviewer:
But recently there was an incident at the Oscars, some comedian said something unpleasant to Will Smith's wife because she was being treated on that bald spot, and Will Smith stood up, came up to him and hit him in the face with all his might, could this be criminal or not?
Lawyer:
Well, they have different legislation there, of course, but in our case I can say that there would be no criminal liability if this were in Russia with Will Smith. Because, well, first of all, he probably slapped him, that is, to say that there will be, let's say, any bodily harm, harm to health, well, it is unlikely. However, in the fight, we have cases of private prosecution, but the victim in
Interviewer:
in any case, he can go to court, well, but here, if we talk about proportionality, he just said something, it was not he who knocked him down, well.
Lawyer:
Let him be stronger, where is the line of proportionality, this line is always very thin, it is very easy to cross, it is just words, and often the parties always prove whether there is proportionality or not, and the final word will be for the court and for law enforcement practices.
Interviewer:
Well, it just seems to me that from a legal point of view, no words can be proportionate to physical violence, because, well, who knows what he said, they are just words.
Lawyer:
The law can never state that you can hit someone in the face for certain words. We have determined that you can’t hit someone in the face, but here the question is in analyzing the post factum, what to do with it, and how to evaluate it. If we consider this from the point of view of Russian legislation, an investigation will be conducted, as a result of which a decision will be made.
Based on the fact that it is extremely unlikely that there is any harm to health and so on, he should not be afraid of criminal liability.
What happens if you take an envelope or a parcel at the airport.
Interviewer:
Next question. Are there crimes that people commit without even knowing it? Well, for example, a person came up to you at the airport and said, please pass me some bottles or some things, or there was no room in my luggage, I checked it in, I already forgot, let me put them in yours, or pass an envelope to the teenagers, something else.
How often do such criminal cases arise and what are the most terrible crimes committed out of ignorance?
Lawyer:
You should never take any bottles, parcels, etc. from anyone to pass on, unless you personally know this person, you personally do not know what is there, and you are absolutely not sure of it, because there may be drugs there, there may be any prohibited substances, potent ones, if we are talking about direct transfer, and especially if when crossing borders this is still a separate composition, contraband exists.
Interviewer:
But here are some top 5 crimes that people commit out of ignorance.
Lawyer:
Well, let's say there is a deliberate crime and reckless crimes, that is, probably the entire category of reckless crimes is committed out of ignorance, that is, people did not want to commit them, but due to frivolity or a certain negligence, they allowed this to happen.
Is it possible to use Instagram if it is a prohibited social network
? Interviewer:
Anton, I have a question about prohibited social networks. That is, the very word "prohibited" says that it cannot be used. And what does this mean? That it has been two years since it was banned, and if during these two years someone published something there, a post, a story, some reels-shorses, it turns out that they all violate the law?
Lawyer:
It is blocked, that is, access to it is limited. However, in fact, it is possible to use it.
Interviewer:
Well, okay, you can use it through a VPN, and this is ...
Lawyer:
For personal purposes, without advertising, even with advertising for now, until September of 25.
Is it possible to use a VPN or is it a violation.
Interviewer:
Okay, VPN is also a scam. That is, I log into a program that changes my location in order to deceive the law, which has banned its use in Russia. And, as it were, in a roundabout way, I commit crimes by logging into a banned social network. That’s how it looks from the outside. It turns out that using a VPN is also a violation.
Lawyer:
Using a VPN is not a violation. Advertising a VPN, somehow promoting a VPN is a violation here now. VPN can be divided, again, into two parts. Why do you use a VPN?
Interviewer:
To bypass bans.
Lawyer:
To bypass blocking. Yes. If you use a VPN to bypass blocking purely formally, you can be considered, so to speak, as breaking the law, but you won’t get into trouble for it. For now.
Interviewer:
Or later retroactively, because everything that is published has a date, since it was done during that period, then guilt can be proven.
Lawyer:
Here you need to pay more attention to what you publish. If you publish some personal photos from a family vacation spot, then you will not be held accountable for this, so to speak. But if you publish some calls to commit a crime or some illegal activity, or in some way...
Interviewer:
On the other hand, there is YouTube, and it has limited access. No one uses the word "blocked" there, no one uses the word "prohibited". But there is Instagram, Facebook, and here it specifically says "prohibited". There is no mention of restricted anywhere, and it turns out that YouTube is allowed, but inconvenient, and Instagram is basically not allowed, it is allowed, but inconvenient.
Lawyer:
But we are not responsible for using Instagram there for personal purposes as well as Facebook, we all let's say it's a violation in the administrative criminal law it is expressly stated that using prohibited networks is neither a crime nor an administrative offense.
Interviewer:
Yeah. Good.
Lawyer:
There is not a single case yet, no one has been prosecuted for using Instagram or Facebook for personal purposes, unless it is related to posting some prohibited information.
Interviewer:
But it is recommended to add this phrase that all meta services there are extremist tra-ta-ta-ta-ta-ta it turns out and what if you do not write.
Lawyer:
This inscription will then be responsible for mandatory labeling in connection with which we and accordingly.
What happens if a blogger from Russia uses a foreign Instagram account.
Interviewer:
Everyone now complies with this labeling such a question and if the blogger registered an account for himself not in They publish it there, but he himself is actually in Russia. And they use targeted advertising, sell it there. And as if the account is not in Russia, but it is in Russia. Is this a violation or not?
Lawyer:
Well, that's a very good question. Here we can only get answers based on practice.
What rights does a police officer have when approaching you on the street.
Interviewer:
Okay, then I suggest moving on to the section on how to properly communicate with the police or with the Russian Guard and in general how the police differ from the Russian Guard.
Lawyer:
But these are different services, some are more related to the military, others to the Ministry of Internal Affairs system.
Interviewer:
How to communicate with them, do they have the right to approach, search, interrogate, find out, ask to see your phone number, recently an acquaintance of mine told me about a case where he and a friend were riding bicycles and went somewhere. And then the police officers came up and asked them to show their phones, show a map. They allegedly suspect them of being some kind of people who make bookmarks there, that they may have points marked on the map.
And these two people, they began to doubt what to do. On the one hand, to show that everything is clean, on the other hand, if you show anything else, they will pin it on you. Is this even legal?
Lawyer:
Well, they were stopped, as I understand it, on the street. Yes. They probably checked their documents. Probably. I wonder how the police officers acted here, how they explained their logic. There are more questions than answers here, this is the first time I've heard of this, of course.
And then about similar tactics and methods of work of the same, probably, traffic police, but this takes place, because now the issue with drugs, the issue with various caches, it is very relevant, and it is all the time, we see it ourselves when we go out on the street, that somewhere someone is rummaging or looking for something. Accordingly, here, probably, the police officers acted a little out of the ordinary, they, perhaps, had some suspicions, and they asked, that is, they, as I understand it, did not give any instructions or legal demands.
Interviewer:
Such a soft line, to ask or to give instructions.
Why you can’t give anyone your phone password.
Lawyer:
Yes, of course, that is, in fact, the police cannot give instructions or give their phone password at all. I directly defend this point of view here and am completely confident in it, because the Constitution guarantees the right not to testify against yourself, your loved ones, and so on.
That is, by and large, a person who gives the password to his phone, he thereby gives evidence that can harm him in the future. If, accordingly, the police have some questions and suspicions, they must prove guilty of something or not guilty. In this particular case, since, as I understand it, your acquaintances had nothing to hide, they were not against it, they showed, that is...
Interviewer:
They did not show.
Lawyer:
They did not show, but here it is very interesting, and how did it all end?
Interviewer:
Well, I do not know for sure, there was some... That is, one person wanted to show, the second did not want to, but the fear that they would be charged with something, somehow they parted ways.
Lawyer:
Well, then the police officers probably kept their suspicions to themselves and went on to perform their official duties. Or they were not so strong, that is, there were no grounds for delivering them to the territorial police department, for some kind of personal search, that they were in a state of some kind of intoxication, as I understand it, there were no grounds.
Yes, they did not ask him, they refused, they left, but let's say if they decided to insist on their own and there were grounds to suspect these individuals of involvement in some kind of illegal turnover, they really did make caches somewhere or something else, but witnesses could have been called, a personal search could have been carried out, these citizens could have been delivered to the territorial police department again, either for a personal search, or later for referral for a medical
examination.
Is it necessary to always carry a passport with you
? Interviewer:
Is a citizen obliged, in principle, to carry a passport with him and present it?
Lawyer:
As such, a citizen must have an identity card. The most common identity card in this case is a passport. There are a number of other documents that also meet the criteria for identity documents, ideally yes, but they are not required to, well, they are not required to.
Interviewer:
What should you do if, in principle, police officers approach you on the street and ask you to show your documents or go somewhere or show what you have in your bag?
Lawyer:
How much is this legal, but police officers have the right to check citizens' documents, accordingly, they must also show their documents, introduce themselves, explain why this check is necessary, again, here you need to proceed from where you are, that is, if you are in some public place, there are some, maybe mass events, you go there to the territory that is fenced off and an inspection takes place, and, accordingly, you show your bag.
There are no problems with this. If a policeman comes up to you in some dark corner and asks to show your bag, well, probably, yes, it will be questionable, and his actions here, let's say, probably are not entirely legal, because it is difficult to say for what purpose and under what circumstances he is acting and what he is guided by.
Interviewer:
Well, Anton, that was very interesting. I still have a lot of questions. I hope we will meet again to discuss them. I would like to say to our viewers that I do not advise anyone, in principle, to get into such situations, but it is really necessary to know the answers to questions. Write your questions in the comments, and Anton will probably answer them all. Goodbye!
Useful contacts and links:
Anton Tashchilin's Telegram channel: https://t.me/advokat_tashilin
