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So-called "white hackers" acting in the interests of the state can be exempted from administrative and criminal liability for cybercrime. This issue was discussed at a visiting meeting of the State Duma Committee on Information Policy, said its chairman Alexander Khinshtein.
The MP recalled that today the launch of a program to search for vulnerabilities on the Public services portal (bug bounty) was announced.
Meanwhile, according to him, during the closed meeting, other situations were cited when it would be possible to involve "white hackers"in the work.
"We also talked about the need for countermeasures. Because today we protect our resources not by counterattacking, but only by defending. Figuratively speaking, as colleagues described it: cyber attacks begin, and we lie down in the trench, cover ourselves under the parapet and wait for this attack to end. Although, of course, the most effective is counteraction, in military terms, the destruction of the enemy's firing point, " Khinshtein said.
At the present time, such actions may be subject to liability. "The destruction of an enemy firing point, the location of which we do not know, is highly likely to fall under Russian administrative or criminal legislation, because it can be qualified as a crime in the field of computer information," Khinshtein explained.
"We have just discussed, as one of the options, the need to adjust this norm," he said.
"Figuratively speaking, when there is fighting and a soldier fires back, he is not responsible for the murder. The same situation should apply here. This is also a war. They just don't shoot live ammunition, but the consequences, unfortunately, can also be very severe," the head of the committee stressed.
A similar measure is planned to be discussed in relation to "white hackers" hired by companies, said Khinshtein, answering the corresponding question.
Crimes in the field of computer information are described in Chapter 28 of the Criminal Code of the Russian Federation. In particular, according to article 272 of the Criminal Code of the Russian Federation (illegal access to computer information), if serious consequences are caused or threatened, the maximum penalty is up to 7 years in prison.
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The adoption of the bill on "white hackers", which proposes to introduce the concept of bug bounty in the legal field and changes to the Criminal Code, may be postponed due to dissatisfaction with the FSB and FSTEC. This is reported by Vedomosti with reference to sources in cybersecurity companies and interlocutors familiar with the discussion of the draft law.
The Ministry of Digital Development has been trying to introduce the concept of bug bounty into the legal field since the summer of 2022. According to one of the interlocutors from the cybersecurity company, the bill provides for amendments to article 272 of the Criminal Code on unauthorized access to computer information. The maximum penalty under this article is seven years in prison. Liability arises if illegal access has resulted in modification and copying of computer information.
However, the promotion of the draft law in its current form has been suspended due to the position of the FSB and FSTEC. According to a source from the newspaper, these agencies oppose the liberalization of the provisions of the Criminal Code and expressed a corresponding position at one of the working meetings on the draft law.
The publication sent requests to both departments, the Ministry of Digital Resources declined to comment.
Another source indicates that the position of the FSB and FSTEC was expressed by their employees at working meetings on the draft law in the Ministry of Digital Resources. According to one of the interlocutors, the line between criminally punishable actions and legal ones is "very shaky", and "no one will change the Criminal Code".
The publication also reports that now rewards for finding vulnerabilities in information systems are offered by three Russian companies: Positive Technologies, Synclit and BI.ZONE. Artem Sychev, a representative of Positive Technologies, stressed that the bill will allow "activating those researchers who are afraid of any legal consequences," and the company participates in its discussion.
Luka Safonov, technical director of Synclit, also expressed the opinion that although his company did not participate in the discussion of the initiative on "white hackers", a bill aimed at regulating them is definitely necessary. He noted that in addition to criminal article 272 of the Criminal Code, "white hackers" may also face punishment under Article 273 of the Criminal Code ("Creation, use and distribution of malicious computer programs"). Safonov believes that the initiative may meet with opposition from law enforcement agencies "in terms of the possible legalization of computer crimes." According to him, the bill may not suit the pentesters themselves-if it requires researchers to come out of the shadows, which many of them are definitely not ready for.
Lawyer Maksim Matsenko, head of the Vinder Law Office criminal practice, believes that there are no problems with the vulnerability of "white hackers". He explains that the participation of a hacker in a program to search for vulnerabilities for money implies that the companies participating in the project voluntarily provide their networks to search for vulnerabilities, which completely eliminates criminal liability, provided that the hacker does not go beyond their rights.
---
The State Duma has developed a package of bills on the legalization of "white hackers".
The initiative involves amendments to the Criminal Code of the Russian Federation aimed at eliminating possible risks of bringing to criminal responsibility persons testing the security of information systems.
MOSCOW, October 13. /tass/. Anton Nemkin, a member of the State Duma Committee on Information Policy, has developed a package of bills aimed at legalizing the activities of so-called white hackers in the Russian Federation.
"We have prepared a package of bills aimed at legalizing the work of "white hackers". Amendments are proposed to the Criminal Code( CC) of the Russian Federation, the Civil Code of the Russian Federation, as well as the federal law "On Information, Information Technologies and Information Protection," Nemkin told TASS.
He stressed that today conscientious testing of the security of the information system threatens performers with criminal liability. "Despite the obvious benefits that the work of "white hackers" brings, they are in a vulnerable position from the point of view of legislation. This is very strange, because the work on protecting the digital circuit should be carried out in advance, and not responding to events that have already happened, " Nemkin said.
In this regard, he explained, the initiative proposes to amend the Criminal Code of the Russian Federation, aimed at eliminating possible risks of bringing to criminal responsibility persons testing the security of information systems in accordance with the requirements of the law on information.
In addition, the Civil Code proposes to provide for persons who legally own a copy of a computer program, the possibility of studying, investigating or testing the functioning of programs in order to identify vulnerabilities and correct obvious errors. At the same time, it is established that the persons who identified the vulnerability are required to transfer the relevant information to the copyright holder of the specified program. Thus, Nemkin stressed, the innovation "will allow to conduct vulnerability analysis in any form, without the permission of the copyright holders of the corresponding program, including the copyright holders of infrastructure and borrowed components."
"The third initiative introduces amendments to the law on information, amendments are proposed at the legislative level to fix the ability of the owner of information, the operator of information systems in the order and under the conditions determined by him, to carry out measures to identify vulnerabilities in information systems, including with the involvement of persons who are not its employees," Nemkin said. At the same time, he added, the government has the right to set requirements for the procedure and conditions for holding such events. According to Nemkin, the new rules will allow " to consolidate the mechanism for conducting measures to identify weaknesses in the security system that can be exploited by intruders, which will allow us to respond to possible threats in a timely and prompt manner."
The MP recalled that today the launch of a program to search for vulnerabilities on the Public services portal (bug bounty) was announced.
Meanwhile, according to him, during the closed meeting, other situations were cited when it would be possible to involve "white hackers"in the work.
"We also talked about the need for countermeasures. Because today we protect our resources not by counterattacking, but only by defending. Figuratively speaking, as colleagues described it: cyber attacks begin, and we lie down in the trench, cover ourselves under the parapet and wait for this attack to end. Although, of course, the most effective is counteraction, in military terms, the destruction of the enemy's firing point, " Khinshtein said.
At the present time, such actions may be subject to liability. "The destruction of an enemy firing point, the location of which we do not know, is highly likely to fall under Russian administrative or criminal legislation, because it can be qualified as a crime in the field of computer information," Khinshtein explained.
"We have just discussed, as one of the options, the need to adjust this norm," he said.
"Figuratively speaking, when there is fighting and a soldier fires back, he is not responsible for the murder. The same situation should apply here. This is also a war. They just don't shoot live ammunition, but the consequences, unfortunately, can also be very severe," the head of the committee stressed.
A similar measure is planned to be discussed in relation to "white hackers" hired by companies, said Khinshtein, answering the corresponding question.
Crimes in the field of computer information are described in Chapter 28 of the Criminal Code of the Russian Federation. In particular, according to article 272 of the Criminal Code of the Russian Federation (illegal access to computer information), if serious consequences are caused or threatened, the maximum penalty is up to 7 years in prison.
---
The adoption of the bill on "white hackers", which proposes to introduce the concept of bug bounty in the legal field and changes to the Criminal Code, may be postponed due to dissatisfaction with the FSB and FSTEC. This is reported by Vedomosti with reference to sources in cybersecurity companies and interlocutors familiar with the discussion of the draft law.
The Ministry of Digital Development has been trying to introduce the concept of bug bounty into the legal field since the summer of 2022. According to one of the interlocutors from the cybersecurity company, the bill provides for amendments to article 272 of the Criminal Code on unauthorized access to computer information. The maximum penalty under this article is seven years in prison. Liability arises if illegal access has resulted in modification and copying of computer information.
However, the promotion of the draft law in its current form has been suspended due to the position of the FSB and FSTEC. According to a source from the newspaper, these agencies oppose the liberalization of the provisions of the Criminal Code and expressed a corresponding position at one of the working meetings on the draft law.
The publication sent requests to both departments, the Ministry of Digital Resources declined to comment.
Another source indicates that the position of the FSB and FSTEC was expressed by their employees at working meetings on the draft law in the Ministry of Digital Resources. According to one of the interlocutors, the line between criminally punishable actions and legal ones is "very shaky", and "no one will change the Criminal Code".
The publication also reports that now rewards for finding vulnerabilities in information systems are offered by three Russian companies: Positive Technologies, Synclit and BI.ZONE. Artem Sychev, a representative of Positive Technologies, stressed that the bill will allow "activating those researchers who are afraid of any legal consequences," and the company participates in its discussion.
Luka Safonov, technical director of Synclit, also expressed the opinion that although his company did not participate in the discussion of the initiative on "white hackers", a bill aimed at regulating them is definitely necessary. He noted that in addition to criminal article 272 of the Criminal Code, "white hackers" may also face punishment under Article 273 of the Criminal Code ("Creation, use and distribution of malicious computer programs"). Safonov believes that the initiative may meet with opposition from law enforcement agencies "in terms of the possible legalization of computer crimes." According to him, the bill may not suit the pentesters themselves-if it requires researchers to come out of the shadows, which many of them are definitely not ready for.
Lawyer Maksim Matsenko, head of the Vinder Law Office criminal practice, believes that there are no problems with the vulnerability of "white hackers". He explains that the participation of a hacker in a program to search for vulnerabilities for money implies that the companies participating in the project voluntarily provide their networks to search for vulnerabilities, which completely eliminates criminal liability, provided that the hacker does not go beyond their rights.
---
The State Duma has developed a package of bills on the legalization of "white hackers".
The initiative involves amendments to the Criminal Code of the Russian Federation aimed at eliminating possible risks of bringing to criminal responsibility persons testing the security of information systems.
MOSCOW, October 13. /tass/. Anton Nemkin, a member of the State Duma Committee on Information Policy, has developed a package of bills aimed at legalizing the activities of so-called white hackers in the Russian Federation.
"We have prepared a package of bills aimed at legalizing the work of "white hackers". Amendments are proposed to the Criminal Code( CC) of the Russian Federation, the Civil Code of the Russian Federation, as well as the federal law "On Information, Information Technologies and Information Protection," Nemkin told TASS.
He stressed that today conscientious testing of the security of the information system threatens performers with criminal liability. "Despite the obvious benefits that the work of "white hackers" brings, they are in a vulnerable position from the point of view of legislation. This is very strange, because the work on protecting the digital circuit should be carried out in advance, and not responding to events that have already happened, " Nemkin said.
In this regard, he explained, the initiative proposes to amend the Criminal Code of the Russian Federation, aimed at eliminating possible risks of bringing to criminal responsibility persons testing the security of information systems in accordance with the requirements of the law on information.
In addition, the Civil Code proposes to provide for persons who legally own a copy of a computer program, the possibility of studying, investigating or testing the functioning of programs in order to identify vulnerabilities and correct obvious errors. At the same time, it is established that the persons who identified the vulnerability are required to transfer the relevant information to the copyright holder of the specified program. Thus, Nemkin stressed, the innovation "will allow to conduct vulnerability analysis in any form, without the permission of the copyright holders of the corresponding program, including the copyright holders of infrastructure and borrowed components."
"The third initiative introduces amendments to the law on information, amendments are proposed at the legislative level to fix the ability of the owner of information, the operator of information systems in the order and under the conditions determined by him, to carry out measures to identify vulnerabilities in information systems, including with the involvement of persons who are not its employees," Nemkin said. At the same time, he added, the government has the right to set requirements for the procedure and conditions for holding such events. According to Nemkin, the new rules will allow " to consolidate the mechanism for conducting measures to identify weaknesses in the security system that can be exploited by intruders, which will allow us to respond to possible threats in a timely and prompt manner."