War for anonymity, we open new fields

Files with a multiply increase from week to week. Not so long ago, the magical story of the search for vanilla ekronov pornotelochek with a view to their further blackmail died down, the scandal in chocolate maker, in which girls peed, was shot, then again the character who undertook to unwind the villain, finds the defendants with the file interface. In a story with a certain dude who was lit by skype, send an obscene photo of the MPH, after which they immediately began to blackmail. They did not get to the interface, but, as is clear, the scheme is also being worked out in more anonymous channels.



Incidentally, I lost sight of, and drove through the software all the old stories with the search for the dude who robbed humanitarian aid on Grief and all that, over the past years, the public has been looking for three and has not found a decent number of people. Also waiting for news and outbreaks of spontaneous violence.

')

From the point of view of the beautiful, there is a photo project of the St. Petersburg photographer Egor Tsvetkov.



The fact that we have generally lost anonymity is more or less clear. Let's see now, and if we have options to make war on that front? I tell:



the points

• I was photographed in a public place without permission - is this legal?
  
  
  
  Yes, it is legal. The law prohibits the promulgation and further use of the image of a citizen (Article 152.1 of the Civil Code of the Russian Federation), but does not prohibit the filming itself. That is, if I photographed you, but then do not publish the photo, then I do not violate your right to the image.
  
  
  
  In general, the legal regulation of the right to an image is rather laconic - just one above-mentioned article. In this regard, to clarify most of the issues, it is necessary to use judicial practice. We will turn to her to answer questions.
• What is meant by the promulgation of the image, that is, a violation of the right?
  
  
  
  Quotation from the Resolution of the Plenum of the Supreme Court of the Russian Federation dated June 23, 2015 No. 25 (hereinafter referred to as the Plenum):
  
  “Under the disclosure of the image of a citizen ... it is necessary to understand the implementation of the action that for the first time makes this image available to the public through its publication, public display or in any other way, including posting it on the Internet.”
  
  
• If a citizen himself has published his image on the social network, made it publicly available, then can it be used by default?
  
  
  
  Plenum of the Russian Armed Forces says no . We quote: “the promulgation of the image of a citizen, including posting by the citizen himself on the Internet, and the general availability of such an image do not in themselves give other persons the right to freely use such an image without obtaining the consent of the image.”
  
  
  
  
• Not at all? Under no circumstances?
  
  
  
  Not really. We cite the Plenum again: “ At the same time, the circumstances of a citizen posting their image on the Internet may indicate the consent of such a person to continue using this image, for example, if it is provided for by the terms of use of the site on which the image is placed .” But the thing is that most of the sites you gave this consent during registration. That is - ass.
  
  
  
  
• What is the conclusion?
  
  
  
  Correct - read the terms of use of services. And if you have not read it, then do not be surprised if you or your child are made into the face of some dubious advertising campaign. Naturally, they will not pay, you have already allowed everyone to use VKontakte, Facebook and any other site to use your photos before using the service in any way without paying you a reward. In the user agreement it is written. You agreed with him without reading.
  
  
  
  
• Is FindFace legitimate looking for your images?
  
  
  
  I think that is completely legal.
  
  
  
  First, your image is not published by the service. The program simply compares your images with millions of others and finds similar ones. Publishing the comparison results is a violation, but simply showing them in the application is not.
  
  
  
  Secondly, the program finds images that you most likely uploaded to your profile. Violation will be only the use of illegally promulgated (that is, made public without the consent of the citizen) photos. By the way, the service itself helps to find such illegally published and used photos. Here is an interesting story about digital identity theft . By the same link there are a lot of practical advice on how to make your images less searchable.
  
  
  
  Thirdly, the service does not violate the privacy settings of your account and does not show photos available only to you or friends.
  
  
  
  And, fourthly, the service has a competent user agreement . Pay attention to section 4.4 - the service obliges users to use only legal images and, in the spirit of the best practices of social networks, takes from you a royalty-free license to use your images (section 4.5) and personal data (paragraph 6).
  
  
  
  
• Everything is clear, now I want to prohibit social networks to use my images - can I change my mind and somehow withdraw consent?
  
  
  
  The Supreme Court considers it possible. We quote the Plenum: “Previously, the consent of a citizen to use his image may be withdrawn at any time. At the same time, a person who possesses the right to use this image may demand compensation for losses caused by such a recall (Article 15 of the Civil Code of the Russian Federation). ”
  
  
  
  

Offhand it is not visible, than the withdrawal of this right can cause a loss to the service. But I wouldn’t blame.



© Mityagin, Gotovtsev