Saturday, July 31, 2010

In Russia are preparing a law on the Internet

July 5th State Duma deputy from the "United Russia" Robert Schlegel has published in his blog the text of the draft law on the internet. Rather, it is about 30 pages of amendments to the law "On information, information technology and information security. On July 7, had already been officially declared that the working group of the Duma committee on information policy, prepared a draft law regulating the use of the Internet in Russia.

Changes for the better

Duma amendments to the law "On information, information technology and information security for the first time in the history of Russian law-introduce such basic concepts as" global computer networks "and" operator of a web-site. " They also determine the limits of jurisdiction of national legislation on the World Wide Web. It is known that the Duma bill will be introduced no earlier than autumn, when he sent to the presidential administration and government.

The Working Group is predicated on Internet law, an initiative of United Russia. Its composition gives the hope that Russia will avoid the strict controls and restrictions on the web. Among the developers of the new version of the law - the secretary of the Union of Journalists of Russia Mikhail Fedotov (author of the current law on mass media), the head of the UNESCO Chair at the Higher School of Economics Astamur Tedeev, editor in chief of Moskovsky Komsomolets, Pavel Gusev, and "guru Runet Anton Nosik.

The main idea of legislative changes is as follows: in RuNet can do the same thing in real life. Made clear: any attempt to impose additional restrictions are illegal. Also, there should be no restrictions on the rights of Internet businesses and individuals out of court: any limitation is only with court approval. The bill states that: "The transfer of information through global computer networks with no restrictions - if it does not violate the law, and responsibility for the information it carries a direct distributor, but not the operator, providing access to the network."

In this business relationship in the web under the jurisdiction of Russian law, if their object is the property located on the territory of Russia, a party in such relationships are natural and legal persons - residents of Russia. Let me explain: if the owners of the site - the Russians, and their server - on foreign hosting, they still are responsible for your site.

However, Minkomsvyazi prepared an alternative bill - it is significantly expands the powers of police and security services when working with providers and web-sites and in many respects similar to the Belarusian Decree № 60. In particular, the document proposes that all ISPs and registrars to suspend domain name on the letter of the law enforcement agency and restrict user access to information in the web of the Prosecutor. However, as analysts have noticed, the de facto in RuNet these standards are already working.


Duma developers' law on the Internet "took care of that bill give users as much as possible the rights that previously had not been legislated. For this purpose, in particular, legislators changed the terms used in the previous version of the document - some concepts removed, while others have added. For example, given the improved definition of "information", the term "information-telecommunications network, replace" global computer network ", introduced the concept of the site operator and the operator access to the global network (ISP). True, and not a definition of the word "site".

Article 12, devoted to the basics of state regulation in the IT-field, now states that one purpose of government - ensuring its citizens unhindered access to information technologies and networks. Also, the State must ensure that the rights and lawful interests of users of the Internet and other computer technologies.

In this state regulation would be aimed at ensuring the inviolability of property, freedom and economic activity, and another to his will "expand the penetration of global computer networks in Russia."

Article 16 prohibits the public authorities to adopt "regulations, abolishing or restricting the rights of users and providers. Also, you can not enter non-law "On information" duties, prohibit access to the web and change the definitions which are contained in the law.

Article 18 introduces the concept of "information practices and netiquette." If such "custom" does not violate the law of Russia, then they are given to self-regulation to the Internet community.

The question of whether the provider and have hoster responsibility for the information disseminated by the user, is solved explicitly: "No, do not bear.

MPs expect a draft law that would support Dmitry Medvedev, is their version of the changes in the RF Law "On information, information technology and information security. At the same hopes, it seems, and an absolute majority runetchikov. But there are still many questions. For example, it is unclear how innovations are consistent with SORM system that allows intelligence agencies obtain information in the telecommunication network without notifying the court.


For the first time, Russian deputies tried to "regulate the Internet in 2000. Then the State Duma Committee on Information Policy attempted to hold public hearings on this issue and develop a bill acceptable to all. But the idea fell through - the cyber space, and Russian lawmakers have existed in different dimensions.

In 2008, experts Vladimir Gorzhaltsan and Yuri Temples presented their model law "On the Internet". The status of the model meant that the document - just a compilation of recommendations for the subjects of the federation, who want to do legislative regulation web. However, wary of any activity relating to the state in the network of Russian Internet community has adopted the document "in arms".

But now all in their stride - the same online community believed that the current Russian president, happen that did not give the Internet to insult.

Version now before the legislative changes, Mikhail Fedotov and Robert Schlegel, briefly described the journalists at the beginning of this year. Then they, in particular, have recognized that refused to clearly articulated standards of conduct in any given situation, but simply codified the basic principles of Runet.

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