Roskomnadzor and the working group of rights holders has prepared new amendments to the law “On information, information technologies and about information protection” and the Code of administrative offences (the text of the amendments is available). March 17, Roskomnadzor will discuss the bill with the largest online platforms of the Runet, after which the document will be sent to the authority with the right of legislative initiative, for example, the Ministry of communications, told the press-Secretary of Roscomnadzor Vadim Ampelonskiy.
The bill defines what is considered “mirror”, and allows you to require the right holder to lock not only the primary site is”pirate”, but all related “mirrors”. “Mirrors” invited to consider “derived” which has a similar name and content, but also synchronized with the source site, even if information on the “mirror” translated into another language.
To limit the ability “to produce mirrors of” the head of Roskomnadzor Alexander Zharov demanded after the incident with the torrent tracker RuTracker.org: he was “blocked for life” in Russia since the end of January, but administrators RuTracker bought about a hundred domains on which I plan to place copies of the resource.
The amendments also provide for penalties for those about “promoting” various ways to access “banned” by court order pages and resources. In February, this initiative was organized by the Association for the protection of copyright on the Internet (ISAPI, is part of a workgroup at Roskomnadzor). Penalties for “propagandists” is proposed in the amount of 3-5 thousand rubles for officials to 50-100 thousand rubles for legal entities.
For the dissemination of information about the proxies (technical tools and utilities that allow you to hide the geographical location of the user) and other ways of bypassing Internet blocks has already suffered the website “Roskomsnab”, which specializes in protecting the rights of Internet users. In early February, this site was entered in the register of banned by the Anapa city court. “Moskomsporta” managed to get out from under sanctions after the publication of the official answer of the Ministry of communications: the Ministry explained that the use of anonymizers and proxy servers are not prohibited by applicable law.
Lawyer “Roskomsnab” Sarkis Darbinyan, in conversation with noted that he was surprised the measures that rights holders offer to fight piracy, demonstrating “a complete lack of understanding of the operation of the network”.
This measure will not work, says Director of strategic projects, research Institute Irina Levova of the Internet: if you understand the amendments literally, in the category of “propaganda” may be harmless many articles that mention these or other technical means.
The latest version
Last amendment relating to the fight against piracy on the Internet, were introduced to the law “On information, information technologies and protection of information” in early 2015. They extended their action on all kinds of Internet content, including games, books, earlier anti-piracy law did not defend himself.
In addition, the holders have received the opportunity under the accelerated procedure through the court to block infringing on their rights the content on the Internet, as well as the right to permanently restrict access to pirated resources. For this, they need twice to win a case in court against the same resource in the same content.
Currently, under an “eternal ban” is already nearly two dozen resources, including torrent trackers RuTracker.org, Rutor.org and others.
The bill obliges Internet search engines to stop issuing links to resources, which, according to the court, contains pirated content. In “Yandex” have refused comments, noting that the company representative will participate in the discussion of the project at the site of Roskomnadzor.
Russian search engine unlike Google (abides established in 1998 the American law Digital Millenium Copirate Act) does not remove from search results links to sites that the rights holders claim. “The existing Russian legislation and thus gives copyright holders an unprecedented opportunity to block content”, — noted in conversation with the press Secretary of “Yandex” Asya Melkumova.
To protect rights on the Internet “Yandex” recommends the holders to speak directly to hosting providers: if illegal content will be gone from the site, the link disappears and from the search, explained in the company.
The bill of Roskomnadzor proposed to penalize the operators for the sum to 100 thousand rubles for refusing to restrict access to web pages on demand of the Department. If the operator refuses to block access during the day, the fine for officials will be 3-5 thousand rubles for entrepreneurs without forming a legal entity, is 10-30 thousand rubles, for legal persons — 50-100 thousand rubles. Similar penalties will be threatened in case of non-fulfillment of the requirements for the resumption of access to previously blocked content.
“The duty to implement the locking required by applicable law, so the liability for violating the act is a logical step of the legislator”, — said the representative of “Megaphone” Yulia Dorokhina. However, the enforcement practice is still being formed, and the fines should be small, she said.
The representative of MTS Dmitry Solodovnikov said that the company does not know anything about the bill, but it noted that MTS has “established a clear interaction with Roskomnadzor in the framework of the procedures for the restriction and resumption of access to information on the Internet” and the operator fulfills all the requirements of the regulator in time.
Levova considers that Roskomnadzor and copyright owners deliberately pushed operators to excess restriction sites in Runet. In her estimation, today operators are technically able to provide blocking 80-85% of the resources. To this rose, have to go to blocking IP addresses that will be affected more resources involved in the violations.
Suffered for RuTracker
For non-execution of requirements about the lifetime of a lock resource has already suffered provider “Umos Center”. His services at the meeting of the government Council for cinema have used the Prime Minister Dmitry Medvedev: it could go on “for life” blocked torrent tracker RuTracker.org.
The representative of Roskomnadzor explained that Medvedev managed to get to the site due to the fact that “Umos Center” was in liquidation and therefore did not limit access to the tracker. However, as has been explained, a letter to the Federal communications Agency on the termination of the license, the provider sent only after the scandal involving the Prime Minister.
With the participation of Elizabeth Arkhangelsk