Many institutions play a role in determining information policy in Ukraine.
The president, parliament, cabinet of ministers as well as individual ministries
and agencies have participated in the establishment of the state structure
and legal environment for information policy. Legislative efforts
that address IT implicitly or explicitly can be divided into three major
concerns: security, content and information systems. The primary laws
that define information policy in Ukraine are the constitution and the "Law
on Information" that was put in place on October 2, 1992.
Information Security
One of the hallmarks of information policy relating to technology in Ukraine is its focus on information security. The Ukrainian government has expressed concerns about the potential vulnerability of computer systems, data flight and other issues. The state structure built to implement and monitor security procedures has been marked by instability. By default, it was initially managed by the Security Service of Ukraine. In 1994, various government agencies were created to manage specific aspects of security. In 1996, these were merged into a single committee. The structure came full circle in 1999 when responsibility for security was officially transferred to the Security Service of Ukraine. Following is a legislative history of information security since 1991.
Responsibility for information security has been passed through various government organs since 1991. In principle, the Security Service of Ukraine had responsibility for information security beginning with the "Law on the Security Service of Ukraine" that was put in place March 25, 1992. While information security is not directly addressed in this law, the agency is given a broad mandate for the protection of “government sovereignty, constitutional structure, territorial integrity, economic, scientific-technical and military potential of Ukraine…” Moreover, other government structures responsible for information security were not developed until later.
The "Law on Government Secrets" of January 21, 1994 assigned primary responsibility for the protection of government secrets to the Government Committee for the Defense of Government Secrets. Other subordinate organizations were developed to implement measures to protect confidential information and preserve government secrets in the media.
The Government Committee for the Protection of Government Secrets in Print was established to manage information security in all forms of mass communication. One of its initial actions was to issue “Instructions about the Movement of Written and Audio-Visual Material through the Borders of Ukraine” in 1994. This decree is notable because it ignores the potential consequences of information technology. While the decree identifies the kind of information whose transfer across the borders of Ukraine should be controlled, it does not incorporate the particular features of information technology that affect information transfer. That is, data transfers are perceived as physically taking place along the borders of the country, allowing customs officials the opportunity to inspect data moving in and out of Ukraine. However, much of the information specifically mentioned in the law could theoretically be transferred electronically.
For example, the decree controls the transfer of cartographic information, technical data and instructions, as well as material of “pornographic or vulgar content.” The importation or exportation of academic materials, like data and dissertations, is legal only after the Committee on Export Control grants permission. Electronic mail and file transfers were available by 1994, but are ignored in the legislation. The oversight is notable because it underscores the inability of legislators to adequately address the implications of new technologies in legislation.
Another information security organization established by the law was the Government Service for the Technical Protection of Information. This agency specifically addressed the certification and licensing of organizations that provide services relating to information security. The Government Service's decree of May 23, 1994 “On the Support of the Conditions and Rules of Activities in the Sphere of the Technical Defense of Information and Control of its Observance” outlines its responsibilities with regards to information technology in greater detail. The decree indicates that any organization that sends, modifies, archives or circulates information that could be considered secret is required to obtain a license. Moreover, any organization that produces products or services to protect government information must be licensed. To receive the license, the organization's equipment must be checked and receive certification that it meets proper standards.
The Cabinet of Ministers resolution on "The Technical Defense of Information" of September 9, 1994 refers to the responsibilities of the Government Service for the Technical Protection of Information and makes direct reference to the role of information technology. It indicates that the basic methods of protecting information revolve around restricting access. Limiting access to data bases, regulating the architecture of computer systems and networks, and blocking access to certain systems are the key elements mentioned in the resolution.
Clearly, all governments restrict access to certain systems in order to protect classified and secret material. The introduction of external networks, however, raises the vulnerability of systems and undermines the effectiveness of this means of technical defense. As a system is connected to networks with wider access, it becomes more difficult to adequately protect the systems from infiltration.
In 1996 all of the aforementioned committees were merged into the Government Committee on the Questions of Government Secrets and the Technical Protection of Information. On March 13, 1999, the president issued a decree "On Changes of the Central System of Government Power of Ukraine" that once again altered the structure of responsibility for information policy. The Government Committee was eliminated and its functions were directly subordinated to the Security Service of Ukraine.
An interesting decree was enacted in 1998 in the name of information security. The decree, "On Ways to Protect the Interests of Government in the Information Sphere," established three communication providers as the sole companies that could provide telecommunication services to government agencies. All three companies were closely related to government: Ukrtelekom (the government telephone company), Ukrkosmos (the space agency) and Infocom (a government ISP). Some scholars have argued that this decree is a subtle form of censorship (²âàíîâ 1999 and a personal conversation with the author). Others, however, indicated that there were different motives. In a conversation with an ISP representative, I discovered that he was involved in preparing the decree. He stated that the intent was not to restrict speech, but to eliminate the Ukrtelekom telephone service monopoly. The president's administration thought that the best way to create competitors for Ukrtelekom was to mandate their existence.
In September 1999, the Deputy Director of the Council on National Security and Defense outlined the perceived threats to Ukrainian information security in an article published in the newspaper Çåðêàëî íåäåëè. He suggested that government policy “misalignment” and the refusal of government to put needed infrastructure in place threatened Ukrainian security. Further, Ukraine's slow movement into the world information community and “information expansion” by foreign governments put the country at risk. Information flight, both public and secret, also undermined the protection of Ukrainian resources. The introduction of censorship as a government tool was also listed as a security threat. Moreover, he argued that if Ukraine failed to enter into the telecommunications sphere as an independent player, its sovereignty could be compromised (Belov 1999).
The article's publication coincided with presidential efforts to introduce a system to monitor Internet traffic in Ukraine. The presidential decree, "On the Licensing of Various Types of Private Enterprise," required communications services to place (and pay for) monitoring hardware on their premises. They were further expected to install direct lines to the Security Service so that data transfers could be monitored. On September 7, 1999, the Verkhovna Rada overwhelmingly voted to override this decision (with a vote of 252 to 20). This followed negative reactions from all ISPs, even those loyal to the president's administration. The primary objection was not the potential effect on free speech or civil liberties, but rather the need for ISPs to pay for the equipment themselves. ISP representatives with whom I spoke expected that the legislation would be reintroduced in a modified form after the October/November 1999 presidential elections.
A focus on security pervades Ukrainian approaches to information policy.
This is evident even in legislation that does not specifically address security
concerns.
Information Content
Information content issues were initially handled by the Ministry of the Press and Information. On November 13, 1996, this unit was eliminated and was succeeded by the Ministry of Information based on the presidential decree "On the Ministry of Information." Like the former Ministry of Press and Information, the new ministry was responsible for widely circulating information about government activities to the public.
Its official functions were enumerated by the presidential decree “The Question of the Ministry of Information” on February 19, 1997. The primary responsibilities of the ministry revolved around the provision of information about government activities from the government's perspective, with a clear focus on printed materials. The ministry was to circulate official documents, collect and distribute material on the development of political, economic and social processes in the country, and provide access to other printed information. A role for electronic publication was not mentioned in the decree.
The president's March 13, 1999 decree created the Government Committee of Communication and Informatization of Ukraine by merging the Government Committee of Communication, the Government Agency of Informatization and another organization not related directly to the development of information policy. Further, the same decree created the Government Committee of Information Policy from the former Ministry of Information. This organization's responsibilities were addressed in the August 19, 1999 decree “On the Status of the Government Committee of Information Policy.” The committee bears primary responsibility for the implementation of laws and decrees relating to information policy and is directly subordinated to the Cabinet of Ministers.
The Verkhovna Rada is one of a handful of Ukrainian government organizations that has actively engaged in information provision on-line. The project to connect the Rada to the Internet began in 1993 as a joint effort between the United States Library of Congress, the Rada and the National Parliamentary Library. At the end of the three-year grant, the program was extended through funding from USIA. While the Rada site currently provides access to legislation and other documents, the process to reach this stage was not always smooth.
Participants from both the US and Ukrainian sides indicated to me that they encountered resistance to releasing information to the Internet from individuals in the Rada. When the project was an intranet, there were few objections to the provision of information to the network. The notion of wider access encountered two types of objections. Some individuals, clinging to patterns of behavior from the Soviet period, objected to releasing information in principle. Other individuals thought that information should be released, but for a fee. Both approaches imply that information produced in government institutions is the property of government rather than public property.
While the participants noted that they experienced difficulties, barriers were generally implicit and not explicit. Officials rarely responded negatively to requests for information or resources; they simply would not follow through. Although they were small in number, the individuals placing roadblocks were successful in delaying the completion of the project. Thus, content can be regulated through unofficial means. Individual political actors in government can prevent the release of information that has been mandated by legislation or international contracts.
Although the Ukrainian state administration includes organizations that
are charged with the duty of providing information to the public, it has
also pursued explicit policies to restrict access to certain forms of information.
Specifically, the Presidential Decree “On
the Development of Spirituality, Defense of Morals, and Formation of a Healthy
Way of Life for Citizens” of April 1999 forbids the importation of violent
and pornographic materials. The law does not specifically address
access of this material through on-line sources. This raises a number
of questions. Does access of this type of material on-line constitute
“importation?” Or, is the material imported when it is saved to a
hard drive? Alternatively, “importation” may only address the physical
movement of materials across the Ukrainian border. If this is the
case, it may not apply to on-line data transfer. While the law is
widely broken in Ukraine, it implies that the government retains an interest
in regulating the content of speech.
Information Systems
The development of the physical infrastructure for electronic communications involves governmental and non governmental actors in Ukraine. Telecommunications services are managed by the government telephone company, Ukrtelekom, and a number of other communication service providers (primarily in the area of mobile communications). The main players among Ukrainian ISPs are: Global Ukraine, Golden Telecom, Infocom, Lucky Net and UARNet. All of these providers have direct international access through lines or satellite communications.
The status of telecommunications hardware in Ukraine is poor. At the moment it became independent, Ukraine had a small number of phones per capita, old technology in its telephone stations, analog connections and was dependent on Russia for international communications service. Ukraine also lacked the resources to improve the situation. The government made various deals with international telecommunications companies to invest in the improvement of the network. AT&T, PTT Telecom (Netherlands), Deutsche Telecom and their affiliates were involved in the process of setting up international communications in Ukraine. From this process, the Ukrainian telecom venture SP Utel was formed in 1992, with 51% Ukrainian ownership and the rest split unevenly among the aforementioned international partners (Æäàíåíêî 1999). While there has been progress in improving telecommunications service, it has been slow (see the open letter to the prime minister by Àëåõèí è Äîâãàí÷èí 1999).
Non-commercial international actors have also played an important role. As I noted above, the US government provided much of the financing for the Rada site and was involved in the installation of the fiber optic cable that runs through the center of Kyiv. The Soros Foundation's local affiliate, the International Renaissance Foundation, has also funded the installation of computer hardware in many educational and non-profit institutions.
In the government structure, responsibility for management of the physical
information network is assigned to the Government Committee of Communication
and Informatics (as of late 1999). Like other government agencies
addressing information policy, it has a complicated past. It formerly
was the Government Committee of Information, Ministry of Information and
the National Agency for Informatization Under the President of Ukraine.
A Final Note about the Internet in Legislation
Information technology has rarely been directly mentioned in legislation, but the implications of new technology pervade all aspects of information policy. The first mention of the Internet that I found in an official document appears in the presidential decree of 1997, “About the Decisions of the Council of National Security and Defense of Ukraine of June 17, 1997 ‘About Urgent Measures to Organize the System of Implementation of Government Information Policy and the Improvement of Government Regulation of Information Relations.’” The decree mandates, within a two month time frame, that the Ministry of Communication propose a single system of government communication and that the ministry find the most favorable terms to connect the government network within Ukraine and to the Internet itself. Slowly but surely, Ukrainian legislation is beginning to address the implications of new technologies.
Document posted 1/15/00
Sources in Russian:
Àëåõèí, Âëàäèìèð è Ãðèãîðèé Äîâãàí÷èí. 1999. "Äåïóòàòñêèé çàïðîñ." Ãîëîñ Óêðàèíû. 4 ñåíòÿáðÿ, 1999.
Æäàíåíêî, Èðèíà. 1999. "Ïðîáëåìû îòðàñëè ñâÿçè: Âîïðîñû
è îòâåòû." Çåðêàëî íåäåëè. 18 ñåíòÿáðÿ, 1999.
Sources in Ukrainian:
²âàíîâ, Âàëåð³é. 1999. ²íôîðìàö³éíå çàêîíîäàâñòâî. Êè¿â:Öåíòð â³ëüíî¿ ïðåñè.