Spy stuff. Gadgets that can put

© Depositphotos / zlajaGPS trackerSpy stuff. Gadgets that can put© Depositphotos / zlaja

Audiorack disguised DVRs, GSM microphones: in the first half of 2017 for the trafficking of spy equipment convicted more than 100 people, and the total volume of the illegal market amounts to millions of dollars. Meanwhile, experts believe the law in this area is imperfect. Moreover, inconsistency of criminal law on means of secret collection of information discussed at the highest level. What electronic gadgets are considered to be in Russia is illegal and that can threaten their owners — in the material RIA Novosti.

This week, the Prosecutor General of Russia started a large-scale inspection of all criminal cases according to article 138.1 of the criminal code, criminalizing the purchase of «spy» technical means. The reason for the test was the story of the Kurgan farmer Yevgenia Vasilyeva, who bought a GPS tracker to follow his cow, but eventually became a suspect in the crime. The situation received wide publicity at the press conference of Vladimir Putin, during which the President promised to handle the problem with the enforcement of this article of the Criminal code.

What not?

De jure in Russia under a ban is any electronic device that falls under the category of «special technical means intended for secret receipt of information» (abbreviated to STS STUMPS). A detailed list of spy gadgets does not exist, and law enforcement and the courts are guided by the decree of the Russian government dated 10 March 2000, No. 214. However, this document only gives General characteristics of spy gadgets. These include, for example, include a «special technical means for surreptitious obtaining and registration of acoustic information,» or «camouflaged under everyday objects video camera». That is, if you order in China kettle with a hidden camera in it to monitor the housekeeper, then it can become a defendant in a criminal case.

According to the Judicial Department of the Supreme court, for the first half of 2017 under article 138.1 «trafficking of special technical means intended for secret information» of the Criminal code, convicted, 117. Tellingly, only three of them were sentenced to imprisonment, the bulk owners ‘ and sellers of spy devices got off with fines — the highest level of punishment amounted to 100 thousand rubles. Meanwhile, despite the relatively high activity of law enforcement agencies, the legal community article 138.1 long ago earned a reputation as one of the most controversial criminal law.

Analysis of judicial practice shows that in materials of criminal cases often are not very civil of the device. In 2016 in Chelyabinsk to a fine of 20 thousand rubles was sentenced by a local resident who tried to sell «photovideoediting with a video camera and microphone mounted in the housing made in the form of sunglasses». In may 2016 in Dagestan, a local resident was sentenced to one year of imprisonment for attempted sale of the device for obtaining audio information of the GSM standard. The most popular gadgets in the illegal trafficking — DVRs disguised in remotes car remotes, cases, lighters, pens and GSM microphones.

Under threat — the private life

Meanwhile in the expert community increasingly heard opinion that the control over the circulation of illegal devices need to be tightened. The problem affects not only national security issues, how many citizens ‘ right to privacy.

«Now, when the means for secret collection of information were as accessible as possible, there is widespread violation of the human right to privacy, — says the lawyer Alexander Arutyunov. — Suffice it to recall the story, when in the office Armen Dzhigarkhanyan was discovered by means of secret surveillance already reaches the point that the couple begin to monitor each other. With all these bugs and other devices are an invasion of privacy rights, and that responsibility should only be tightened».

© Fotolia / tieroСотрудник intelligence surveillanceSpy stuff. Gadgets that can put© Fotolia / tieroСотрудник intelligence surveillance

Today, in the context of the unsettled situation around the controversial article 138.1 of the criminal code, experts advise to be extremely careful with the purchase of specific electronic devices.

«Unless there is a clear understanding and clear explanation that you can buy, and what not, I would not advise to touch the issue of buying audiorack, GPS trackers and so forth, — says Pavel Demkin. At least, it is better not to buy them on foreign exchanges. The same tracker you can buy at the domestic store, where the products will be the technical certificate and certificate confirming that this device does not apply to special technical means».

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