And let's ban the Ministry of Interior in general to develop bills! ..
Not so long ago, a single bill came into my hands; it was developed at the Ministry of Internal Affairs and dedicated to toughening liability under the Criminal Code articles on computer crimes, the use and distribution of “special technical equipment” , and so on. One of the objectives of the project is to legalize all those illegal ways to prosecute “hackers” who had previously formed an “ad hoc order”, for example, bringing for “cracks” as “unauthorized access to information”.
A detailed analysis of all the nonsense that is written there, you can read here . Now he has not yet been submitted to the Duma, but soon it will happen: he is quite actively promoted, under the banner of the “fight against cyber-terrorism”.
A few days ago, a similar project came to me, which was also developed in the depths of the Interior Ministry. It is aimed at “fighting child pornography on the Internet,” and while reading it, I really want to put the author in front of me, gently stroke the head, and ask if my mother had fallen off her head as a child.
If I had dropped it would have explained a lot ...
Actually, this is not a full-fledged draft law, but some “Proposals for amending the legislation of the Russian Federation of norms providing for the establishment of responsibility of telecom operators (providers) for placing pornographic materials depicting minors in telecommunications networks”. I don’t know what the status of such “proposals” is, but our police officers send them, signed by “Acting Minister” AM Smirny, to the relevant ministries, with a request to “consider” and “express their position on the possible implementation of them at the legislative level ".
Of course, I’m not a minister, not a “acting” or even his deputy, but, since it’s not difficult for me, I’d probably express it. I will say everything ...
So, we are talking about the fight against child pornography, a topic that is very relevant now, when the Duma moralphages took up "child protection" in the light of the decisions of Medvedev's last message toaliens .
True, in this whole struggle there is much more hysteria than common sense. For example, a very often repeated statement that “in the last six years the number of sexual crimes against minors has increased twenty-five times” is just a juggling of statistics . Moreover, the number of such crimes, on the contrary, decreases . But who cares , when it is possible to chop off a little bit of new powers for the home office under the guise of it, and also be known as a guardian for childhood? Probably, therefore, few sensible initiatives in this area are shouting by our “Duma majority” .
What do the authors of the “proposals” offer us this time?
The Law "On Information ...", which now exempts providers from civil liability in cases where they did not know and could not know what information is being transmitted or stored, it is proposed to add Article 15.1, which defines the procedure for blocking seditious information. According to the authors, the provider will be obliged to carry out such blocking at the suggestion of the “prosecutor or the head of the law enforcement agency, which has an imitative unit in its composition that carries out operational investigative activities”. That is, any head of the police department or the FSB will be able to determine which site to cover. Very good.
But the most interesting thing is further:
Op-pa ... In the title - about "child pornography", and in the text of the "sentences" - already about everything else. Unobtrusively, so as not to get up twice, as they say ... About “other types of information” nothing is said even in the explanatory note attached to the “proposals”.
Well, the formudication (it was a typo, but then I decided to leave it this way - PP) “the information contains materials” is illiterate: these materials can “contain information”, and not vice versa. But against the background of such ingenuous dragging into the law the possibility of banning everything at once, this, as you understand, is a trifle.
But how should the provider act, having received this "submission"? First of all, he must suspend access for a month. And then…
')
What "refers to other types of information"? No answer.
In principle, it is clear how such a blunder could arise: the author was editing-editing, cutting out something and forgetting what, and then forgetting to re-read, etc. ... But such excuses are rolled only if you write on the fence. And I would be ashamed to show the text of such a level of performance to my mother, not something to send to someone signed by the “acting Minister”.
But the most interesting thing is that it turns out that access to “other types of information” is not necessary to renew at the end of a month. But if there is no “case” on “child porn”, then in a month the provider can resume access to it ... It's great.
Well, and, of course, for non-compliance with these valuable instructions, it is planned to introduce responsibility while administrative.
Plait and explanations to the "sentences":
" Hackers, crackers, spam, cookies ", yeah ...
Actually, the chances that this nonsense will be adopted as a law are very few. But attention is drawn to the level of writing "sentences." This level is very low. It seems that the author was given the task of describing a bright Cop future and gave less time for execution than the time for reading and signing the “sentences”, which was spent by the “acting” ...
A detailed analysis of all the nonsense that is written there, you can read here . Now he has not yet been submitted to the Duma, but soon it will happen: he is quite actively promoted, under the banner of the “fight against cyber-terrorism”.
A few days ago, a similar project came to me, which was also developed in the depths of the Interior Ministry. It is aimed at “fighting child pornography on the Internet,” and while reading it, I really want to put the author in front of me, gently stroke the head, and ask if my mother had fallen off her head as a child.
If I had dropped it would have explained a lot ...
Actually, this is not a full-fledged draft law, but some “Proposals for amending the legislation of the Russian Federation of norms providing for the establishment of responsibility of telecom operators (providers) for placing pornographic materials depicting minors in telecommunications networks”. I don’t know what the status of such “proposals” is, but our police officers send them, signed by “Acting Minister” AM Smirny, to the relevant ministries, with a request to “consider” and “express their position on the possible implementation of them at the legislative level ".
Of course, I’m not a minister, not a “acting” or even his deputy, but, since it’s not difficult for me, I’d probably express it. I will say everything ...
So, we are talking about the fight against child pornography, a topic that is very relevant now, when the Duma moralphages took up "child protection" in the light of the decisions of Medvedev's last message to
True, in this whole struggle there is much more hysteria than common sense. For example, a very often repeated statement that “in the last six years the number of sexual crimes against minors has increased twenty-five times” is just a juggling of statistics . Moreover, the number of such crimes, on the contrary, decreases . But who cares , when it is possible to chop off a little bit of new powers for the home office under the guise of it, and also be known as a guardian for childhood? Probably, therefore, few sensible initiatives in this area are shouting by our “Duma majority” .
What do the authors of the “proposals” offer us this time?
The Law "On Information ...", which now exempts providers from civil liability in cases where they did not know and could not know what information is being transmitted or stored, it is proposed to add Article 15.1, which defines the procedure for blocking seditious information. According to the authors, the provider will be obliged to carry out such blocking at the suggestion of the “prosecutor or the head of the law enforcement agency, which has an imitative unit in its composition that carries out operational investigative activities”. That is, any head of the police department or the FSB will be able to determine which site to cover. Very good.
But the most interesting thing is further:
"The idea of ​​suspending users' access to information posted on the Internet and (or) its dissemination is made in cases where the information contains materials with pornographic images of minors, or is related to other types of information prohibited by federal laws for distribution."
Op-pa ... In the title - about "child pornography", and in the text of the "sentences" - already about everything else. Unobtrusively, so as not to get up twice, as they say ... About “other types of information” nothing is said even in the explanatory note attached to the “proposals”.
Well, the formudication (it was a typo, but then I decided to leave it this way - PP) “the information contains materials” is illiterate: these materials can “contain information”, and not vice versa. But against the background of such ingenuous dragging into the law the possibility of banning everything at once, this, as you understand, is a trifle.
But how should the provider act, having received this "submission"? First of all, he must suspend access for a month. And then…
')
“The period of suspension (blocking) of access to information and (or) its dissemination is extended, if within the specified period the authorities have initiated a case on the posting of information containing materials with pornographic images of minors, or refers to other types of information prohibited by federal laws to be distributed . "
What "refers to other types of information"? No answer.
In principle, it is clear how such a blunder could arise: the author was editing-editing, cutting out something and forgetting what, and then forgetting to re-read, etc. ... But such excuses are rolled only if you write on the fence. And I would be ashamed to show the text of such a level of performance to my mother, not something to send to someone signed by the “acting Minister”.
But the most interesting thing is that it turns out that access to “other types of information” is not necessary to renew at the end of a month. But if there is no “case” on “child porn”, then in a month the provider can resume access to it ... It's great.
Well, and, of course, for non-compliance with these valuable instructions, it is planned to introduce responsibility while administrative.
Plait and explanations to the "sentences":
“The distribution of materials with pornographic images of minors in the global network is due to the anonymity of Internet users and a well-organized conspiracy of this activity. Free anonymous services, hosting sites , anonymizers, proxy servers, anonymous Internet access points, domains of the third and subsequent levels are actively used. ”
" Hackers, crackers, spam, cookies ", yeah ...
Actually, the chances that this nonsense will be adopted as a law are very few. But attention is drawn to the level of writing "sentences." This level is very low. It seems that the author was given the task of describing a bright Cop future and gave less time for execution than the time for reading and signing the “sentences”, which was spent by the “acting” ...
Source: https://habr.com/ru/post/284562/
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