We demand an investigation into cases of forced MAX messenger installations

Educational institutions across Russia force students and employees to install the state messenger MAX under the threat of expulsion, non-admission to exams, disciplinary measures, and humiliation. This is a violation of the right to education, the autonomy of universities, and the secrecy of correspondence. The human rights project «On My Terms» initiates a petition requesting the verification of the legality of these administrations’ actions.

Why do we insist on investigating cases of forced MAX messenger installations?

On November 11, the Ministry of Education and Science dispatched a letter to universities, compelling them to swiftly transition to the national messenger MAX. Universities are mandated to register in the application, collect data on its usage, establish official channels and chats of academic groups, and subsequently monitor the activity of students and staff. Universities are required to complete the transition and submit a report to the Ministry by December 19.

Although not everyone received the letter, the pressure exerted within educational institutions has long surpassed that of a mere recommendation. People are forced to install it by threats, humiliation and artificial obstacles to learning. The pressure is persuasive and impacts both students and employees of educational institutions.

Within one of the colleges of Yekaterinburg, the administration conducted a demonstrative object lesson. Students were informed that the installation of MAX messenger is a "mandatory requirement," and that refusal constitutes a "disciplinary offence". The department head did not stop at threatening students to be expelled: she wrote a sample application for voluntary expulsion on the board and forced the students to rewrite it under dictation. Subsequently, she collected and signed statements and stated that "she will provide students with time to reflect until Monday".

In the Voronezh Technical School of Food and Processing Industry, the situation unfolded in a similar manner. Students were informed that they would not be permitted to sit their exams without installing MAX. Several students were forced to compose explanatory notes regarding their violation of disciplinary regulations.

Kirill Derevsky, a student who publicly discussed the pressure, was initially denied access to information regarding the schedule and exams in a group chat. The curator stated that all relevant information would now be available exclusively within the MAX. Subsequently, Kirill was removed from the group chat and subjected to public ridicule during class.

These cases are far from isolated. They illustrate how administrative coercion is employed to achieve "digital indicators" at all costs, disregarding the rights of students and employees.

Why MAX raises concerns

The MAX messenger is promoted as a «national alternative», but raises serious questions about security and privacy:

• ● The closed source code of the messengerprevents independent experts from auditing and identifying vulnerabilities which could be used by third parties, such as the authorities, to access users’ data;
• ● Due to the closed source code, it is impossible to check whether MAX uses end-to-end encryption. This once again renders correspondence potentially accessible to third parties;
• ● MAX requests extended accessto data: geolocation, camera, microphone, contacts, phone files, etc. Many messengers collect a large array of information about the user. But the closed code and the possible absence of end-to-end encryption make the transmission of personal data to MAX extremely unsafe;
• ● MAX is planned to be integrated with Gosuslugi (Russian public services app and website) and other state services.. The user will indeed access the messaging application via a passport. This implies that interested parties, particularly Russian security forces, will have comprehensive knowledge of the user's activities;

Collectively, these conditions facilitate advanced control, encompassing location tracking and the potential access to personal correspondence. For educational institutions, where students and staff frequently engage in discussions regarding work-related matters, challenges, and grievances, such risks assume heightened significance.

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Why it’s illegal to force to install MAX

The administration of the educational institution has no right to make the installation of the messenger a condition for education or work. The pressure violates several legal norms at once.

1. Constitution of the Russian Federation - Articles 19 and 43

Prohibit any restriction of citizens' rights, including the creation of unequal conditions of access to education. If a student does not receive a schedule, is not allowed to take the exam or is forced to write explanatory notes due to the lack of MAX, this is a direct violation of the Constitution.

2. Law "On Education" - Federal Law № 273

• ● Article 5 guarantees the right to education to everyone.
• ● P. 17 of Article 34 gives students the right to participate in the management of the university, including the choice of digital platforms.
• ● Article 28 consolidates the autonomy of educational organisations and technological neutrality: the educational process cannot depend on the use of a specific application.

3. Constitution of the Russian Federation - Article 23 (secrecy of correspondence)

Any coercion to install an application that can access personal data and communication is an interference with privacy.

4. Labour Code of the Russian Federation

• ● Articles 22 and 188: the employer has no right to force an employee to use his personal phone for work without compensation.
• ● Article 60: the employee is prohibited from performing duties not provided for by the employment contract.

  Refusal to install MAX cannot entail expulsion, non-admission, resubmission or disciplinary measures.

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  Why do we need this petition

  To draw maximum attention to the systemic pressure on students and employees, to the expansion of control over personal communication and to attempts to make the state messenger virtually mandatory.

  Public scrutiny serves as the sole instrument capable of halting the practice of coercion, safeguarding students and workers, and demonstrating that the violation of rights will not remain unaddressed.

  We demand:

  From the Prosecutor General's Office of the Russian Federation

  To inspect educational organisations to ensure the compliance with the rights of students and employees, including the prohibition of coercion to install and use the MAX messenger under the threat of deduction, non-admission to exams, disciplinary sanctions or other negative consequences.

  From Rosobrnadzor (Federal Service for Supervision of Education)

  Check the legality of the actions of educational organisations subordinate to the Ministry of Education and Science and the Ministry of Education of the Russian Federation related to the imposition of the installation and use of MAX on students and employees, and take appropriate measures when violations of the legislation on education and the rights of participants in educational relations are detected.