A number of laws refer to the Internet, such as the Law on Informatization of 1995, 21
the Law on SORM of 1999, 22 and the Law on Electronic Communications of 2005. 23
The Internet is within the ambit of regulation of the Law on Informatization, which
subjects Internet activities to a number of media restrictions. The Law on the Media
of June 2008 provides a similar regime for Web sites and media. The legal framework
allows for the application of restrictive measures on Web sites, such as blocking of content or the cessation of operation. This is a result of increasing intent on the part of a
number of state officials to control the Internet.
In 2006, the government approved the Program on Protection of Information. The
main objective of this program is to prevent illegal access to information by the special
services, to protect information systems, and to counteract excessive investigative measures. A new center was created in support of this program, but many activists have
questioned its independence and effectiveness. 24
E-commerce is also regulated by the state. All Internet retailers are legally obligated
to register domain names with the State Center of Information Security, as well as to
obtain a license for retail trade by e-commerce activities. International electronic
payment systems are seriously limited in Belarus. All international monetary transfers
must occur through banks that notify the tax authorities of all fund transfers from
abroad.
Surveillance
Officially, Internet filtering and monitoring of telecommunications networks are illegal
in Belarus. However, authorities conduct surveillance of Internet activities under the
pretext of protecting national security. In 2001, the president extended the concept
of ‘‘national security’’ to include the Internet as a potential threat to the information
security of the country. 25
Under the Law on Operational and Investigative Activities (SORM) and the Law on
Authorities of National Security in the Republic of Belarus, the Ministry of Internal
Affairs and the KGB have the right to monitor information carried through any communication channel in order to ‘‘fight criminal activity’’ and ‘‘guarantee national security.’’ 26 Such activity may be carried out only as provided for in the law; however, the
law gives the KGB the right to obtain any data from state entities and from private or
public organizations considered to be ‘‘necessary’’ for accomplishing the KGB’s objectives, and gives it unlimited access to the information systems and databases (including log files and so on) of communication providers. Article 17 of SORM establishes
that all persons who are providing any type of electronic communications services
should integrate additional certified equipment and program mechanisms into their
systems, as specified by the KGB.
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Belarus
the Law on SORM of 1999, 22 and the Law on Electronic Communications of 2005. 23
The Internet is within the ambit of regulation of the Law on Informatization, which
subjects Internet activities to a number of media restrictions. The Law on the Media
of June 2008 provides a similar regime for Web sites and media. The legal framework
allows for the application of restrictive measures on Web sites, such as blocking of content or the cessation of operation. This is a result of increasing intent on the part of a
number of state officials to control the Internet.
In 2006, the government approved the Program on Protection of Information. The
main objective of this program is to prevent illegal access to information by the special
services, to protect information systems, and to counteract excessive investigative measures. A new center was created in support of this program, but many activists have
questioned its independence and effectiveness. 24
E-commerce is also regulated by the state. All Internet retailers are legally obligated
to register domain names with the State Center of Information Security, as well as to
obtain a license for retail trade by e-commerce activities. International electronic
payment systems are seriously limited in Belarus. All international monetary transfers
must occur through banks that notify the tax authorities of all fund transfers from
abroad.
Surveillance
Officially, Internet filtering and monitoring of telecommunications networks are illegal
in Belarus. However, authorities conduct surveillance of Internet activities under the
pretext of protecting national security. In 2001, the president extended the concept
of ‘‘national security’’ to include the Internet as a potential threat to the information
security of the country. 25
Under the Law on Operational and Investigative Activities (SORM) and the Law on
Authorities of National Security in the Republic of Belarus, the Ministry of Internal
Affairs and the KGB have the right to monitor information carried through any communication channel in order to ‘‘fight criminal activity’’ and ‘‘guarantee national security.’’ 26 Such activity may be carried out only as provided for in the law; however, the
law gives the KGB the right to obtain any data from state entities and from private or
public organizations considered to be ‘‘necessary’’ for accomplishing the KGB’s objectives, and gives it unlimited access to the information systems and databases (including log files and so on) of communication providers. Article 17 of SORM establishes
that all persons who are providing any type of electronic communications services
should integrate additional certified equipment and program mechanisms into their
systems, as specified by the KGB.
166
Belarus