Yesterday, the next draft law on the regulation of the Internet, “
On Amendments to the Legislative Acts of the Russian Federation on the Protection of Intellectual Rights in Information and Telecommunication Networks ”, was introduced in the State Duma. In short, it provides for the creation of another black list - a similar
registry of prohibited sites , and blocking sites listed in this list.
Internet companies again did not have the opportunity to participate in the creation of the draft law - as last time, it was prepared without discussion with the public and the industry. We fully support copyright protection and develop services with legal content along with copyright holders. At the same time, we are confident that regulatory measures should not jeopardize the development of the Internet in Russia.
The bill offers many opportunities for abuse. Here is an example of one of them. An attacker interested in closing the N site whistles the melody of his own composition on the recorder, thereby becoming its copyright holder. Then he places the phonogram of his artistic whistle on site N. After that, with a screenshot of site N, which shows the placement of the phonogram, the newly created copyright holder applies to the Moscow City Court. The essence of the appeal is that on the site N the object to which it belongs is illegally placed.
If today's bill becomes law, the site owner N will be obliged to find this “illegal” whistle in some way within 24 hours. The site owner receives only "the name of the work, the author and copyright holder" (without specifying the exact address) and the requirement "to take measures to remove such information." If the request is not met on time, site N may be blocked. Thus, the bill allows you to quickly and cheaply close an arbitrary online resource. Or implies the constant pre-moderation of user-downloadable content, which is technically impossible.
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The bill in its current form is technically unrealistic and potentially dangerous. Now, together with colleagues from the industry, we are preparing an alternative concept that protects the interests of rights holders and does not infringe the interests of Internet users.