The text of the new bill, which expands the “anti-piracy” law and the reaction of the “Association of Internet users”, is highlighted.

The Internet Users Association (IPA) has a draft text of the future law, which will expand and complement the scope of the 187-FZ, the “law against the Internet”.
This draft law is being prepared at the Presidential Administration in closed meetings without any public discussion whatsoever.
The API published its Position on this issue and, with the participation of RosKomSvoboda, published the text of the documents themselves in open access.

1) Amendments to 149- +

2) Amendments to 1250-1253.1 of the Civil Code of the Russian Federation
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POSITION ON DRAFT AMENDMENTS TO ARTICLES 1250-1253.1 of the Civil Code of the Russian Federation and 149-FZ, developed in September-October 2013 by the Research Center of Private Law and the State Duma

The Association of Internet Users believes that this project is unsatisfactory from the point of view of ensuring the rights of users , and regarding the project considers that:

• It is unacceptable to extend the law to other objects of copyright and related rights;
• Requirements for blocking websites and pages for information “necessary to obtain information about information resources containing objects of copyright and related rights” are unacceptable;
• It is necessary to introduce the obligation of notification by authors (rightholders) of resource owners with an exact indication of the object of copyright and location of the object (URL) with the establishment of a deadline for taking measures to remove content in 5 working days (as stipulated by article 133 of the Code of Civil Procedure Code ” "), According to the procedures provided by the owners of the resources;
• It is necessary to introduce liability for a false notice of copyright infringement in the amount of 5 thousand rubles to 5 million rubles (as provided for by article 1301 of the Civil Code of the Russian Federation);
• The application for preliminary interim measures must be carried out simultaneously with the filing of the claim. The implementation of blocking content or resource only by a court decision;
• It is necessary to introduce a symmetric mechanism for unlocking a resource by a network address in case the owner of the resource has blocked content;
• It is necessary to oblige the court to lay out during the day information about the filing of a claim by the applicant, the filing of a counterclaim by the respondent, information about the final court decision in each case;
• It is necessary to oblige the claimant to prove the damage and its value if he claims this;
• It is necessary to remove the provisions on the innocent responsibility of the projected article 1250 of the Civil Code
• It is necessary to remove from clause 2, clause 1 of Article 1252 of the provision on the possibility of attracting certain third parties to curb the violation;
• It is necessary to remove from clause 2 of clause 2 of Article 1252 the provisions on the possibility of imposing arrest on tangible media, equipment, materials and a ban on the implementation of actions in respect of which an assumption (suspicion) of violation of the right has been put forward.

In addition, we consider unsatisfactory the procedure for consideration of the petition No. 50F4494 on the website of the Russian public initiative “Cancel the law on arbitrary blocking of Internet resources dated 02.07.2013 No. 187- (law against the Internet)” due to the fact that the comments formulated by users in the petition , were actually ignored, and the law, as follows from the draft amendments, is intended to toughen.

(Position in PDF )

Today this position will be directed by S.V. Zheleznyaku, to the Open Government, to the Research Center for Private Law under the President of the Russian Federation.

We ask for the maximum distribution!

And it seems that we would be promised a more open interaction between the authorities and society.

Sources:
"Association of Internet users" - Position ,
"RosKomSvoboda" - Texts of documents

UPD 1:
RIA Novosti unsubscribed through their portals:
" Internet activists against the new version of the anti-piracy law "
" Internet activists are categorically against the new version of the anti-piracy law "

UPD 2:
I conveyed this position to the contact person in the Government Office of the Russian Federation, promised to transfer to Mikhail Abyzov.

UPD 3:
Our position is transferred to Sergey Zheleznyaku.