Roskomnadzor began active actions against telecom operators not blocking prohibited sites

Recently, Roskomnadzor has begun active operations with regard to telecom operators that are not authorized in the registry of prohibited sites and do not upload the list of network addresses to which access should be restricted.

By a simple search on the website of the Supreme Arbitration Court , only on the first page of issue did I find three decisions of arbitration courts of various regions of the country, according to which communication operators were brought to administrative responsibility under Part 3 of Art. 14.1 of the Administrative Code of the Russian Federation (business activities in violation of the conditions provided for by a special permit (license).

• The decision of the arbitration court of the Sverdlovsk region
• Decision of the Moscow Arbitration Court
• The decision of the arbitration court of the Saratov region

In all cases, a fine of 30 thousand rubles. Not a lot, but for small operators at least unpleasant. I suspect that these are far from all decisions on this topic, and surely a number of cases are in production.



If we analyze the available solutions, we can draw a number of conclusions:

• Telecom operators are obliged to block access to prohibited resources within 24 hours after an entry about this resource appears in the registry of prohibited sites. Ignoring this requirement is a reason for initiating an administrative violation case.
• The lack of authorization in the registry of prohibited sites using a qualified electronic signature clearly indicates that the telecom operator does not receive a reliable list of network addresses of prohibited resources, and therefore does not block. And the arbitration court of the Saratov region considers that in this case the telecommunications operator is the distributor of prohibited information in relation to other persons (serious accusation).
• The fact that the parent carrier blocks the prohibited resources is not an unambiguous proof that the operators attached to it also receive filtered traffic.
• Roskomnadzor makes conclusions about the presence of an administrative offense on the basis of monitoring of the Unified Information System of Roskomnadzor. In fact, any inspections, visits to the telecom operator, etc. not implemented. It is understandable, because with a digital signature all operators are in full view.

It seems that simply ignoring the requirements of the legislation in this case will not work. Telecom operators will have to block prohibited resources. And with the entry into force of anti-piracy law, the registry of banned sites becomes even more relevant, because now we are talking about real money.



UPD:

Roskomnadzor confirmed that it is actively working with telecom operators. To date, the courts brought to administrative responsibility 7 telecom operators.

Territorial bodies of Roskomnadzor also directed more than 600 warning letters to suspected of violating the license conditions to telecom operators. A total of 349 protocols on administrative offenses against communication operators that do not comply with the requirements to block illegal content have been drawn up. In court filed 281 claim.