Laws and projects that will change the face of Russian IT. Part II

The first part came out and showed the relevance and even the topicality of the stated topics. The second one, in theory, was supposed to tell about other projects that also cause obvious resentment among me and my colleagues, but I would venture to transfer it to part 3, but for now I’ll dwell on even more interesting questions.

Mining, IoT, smart contracts (everything is highlighted in red: the novelty is obvious), neural networks, big data, AI ... All this is new technology, even when it comes to ideas that have been in the air for a long time. But technologies are technologies, and in the state (any) the main thing is that they all act more or less according to the standard. That's about it - a few words.

Cryptoactives: is everything new - well forgotten old?
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At present, the Central Bank is moving in the direction of “cryptocurrency - a digital product” (with what threatens - you can read on Gigtime ). I am closer to the position of property rights . Back in 2014, the Ministry of Finance and the Central Bank considered bitcoin and counterparts a money surrogate . However, there is still no unity in the world. Even after Japan, which called for all this unity.

But the problem lies in a completely different plane: the real problem. Roskomsvoboda, a respected by me recently, launched the important Right to Bitcoin campaign, the theses of which are:

1. Expert opinion that digital money is not a money surrogate
2. Appeal in appeal / cassation and in the highest courts of subjects of illegal decisions in this area (and there are enough of them)
3. And even an appeal to the Supreme Court

The initiative without pathos is beautiful. Correct. But still - temporary. After all, the fact is that the very nature of cryptocurrency is non-state, and this must be understood and realized. Yes, the state will oppose this (as opposed to the freedom of the Internet), but there is a fact that it is implacable.

The second conclusion from the same message is that experts (starting with O. Skorobogatova from the Central Bank and E. Sidorenko from the group for developing the law on cryptocurrency, ending with those who oppose them) believe that we need some kind of general law that will tell everything about blockchain-assets. But why?

I’m not tired of repeating that in 2011-2012. Already saw similar with electronic money : the market developed and grew. What today? Essentially - the stagnation and transition of many (and I mean not cashiers, namely ordinary, ordinary users) just into the cryptosphere, because excessive identification and other obstacles only worsened, and did not improve the situation. Online ticket office finally finish this question .

So why should it be better with crypto?

In fact, I don’t understand at all the love for the so-called imperative method: when everything is prescribed, it is painted and you can only do what is clearly marked. Why not understand? Yes, because there is still a dispositive method (Art. 1 of the Civil Code of the Russian Federation) and on its basis were created, and I emphasize this, the best achievements in science, technology, art and in many other areas. Because, on the one hand, such a method gives the necessary degree of freedom, and on the other, it sets the necessary framework in the form of civil liability (quite specific, by the way).

So, for example, electronic money from 1998 to 2012 lived outside the framework of the Federal Law No. 161 and the situation was no worse than now. At the same time, the level of client protection has not changed: on the contrary, now there are cases where people go, for example, to suck money from VM and only in court will they know that VM is not electronic money . Or, on the contrary, they go with a lawsuit against Qiwi or Yandex. Money and understand that there is a special order that has not been observed, which is supposedly needed to protect the interests of banks, NGOs and the users themselves. The latter, I personally would have struck out.

Moreover, as experience shows, in Russia everything that is regulated is licensed or replaced by an even stranger institution (SRO format). The license is again a departure from small business towards monopolies.

Therefore, I do not see the need for a special law. Yes, we need amendments to NK so that the state picks up, collects, charges its profit. Yes, some explanation. But no more: give the market a sigh and you will see what it can do. Believe it.

Separately, in a few lines I will say about mining.

Firstly, I thank Bitcoin-Miner No. 1 in the Irkutsk Region - Yuri Dromashko ( facebook & youtube ) for providing an analysis of the mining services contract to analyze. Secondly, there will be a separate article on this subject, but later.

Now the main thing: let's quote (quotation is long, but important):

We now have the idea that the miner is the one who sits at his crypto farm, at home or in his office at night and maynite, in fact, it is also the comrades who provide consensus who administer networks. The interaction between different types of systems is also important question. How will lawyers do this? We have to find some kind of adapter, just as we arrive in another country, we understand that it’s not a fact that our phone will be charged from their network, we go to the store and buy an adapter. The same system should be here, this adapter should be found, but not in the nearest shop, and in the near Central Bank .

A hint, I think, is transparent and clear. Only here, analyzing the activities of the Central Bank, somehow I can not say that this activity is at least somewhat effective. Or I'm wrong?

IoT, smart contracts and AI

And here we (in the sense of Russia) approached a sphere that is not regulated by law at all. Meanwhile, on the counters of online storefronts, new tokens with the speaker's name IOTA are already lying around (in the TOP-6, by the way).

The interaction of objects with each other on the basis of programmed transactions is another case for lawyers, economists, and other sources. For statesmen (and, as now in fashion, wives, too) in the first place.

The problem in Russia, as before, is that now everyone has strenuously rushed to the blockchain for consideration (which, I recall, was born back in 2009, and in 2014 was rejected by those who are screaming today about its importance and prospects).

There are many questions: starting with what kind of contract is one or another smart contract (consensual? Real? Other?), Ending with such, which, as it seems to the average person here-and-now, in general, have only a philosophical character. For example, an AI is a subject or object of law.

Meanwhile, in Russia there are already dozens of startups in neural networks with applied aspects. And while, of course, no one sees this as a problem, which means neither problems nor prospects of legislative regulation. The key word is - for now.

I will also explain my vision later. For now, I’ll put only the main question: even in such flexible areas, experts (including in quotes) will again require separate laws? Or, perhaps, the community will finally understand that much more dense processing of the law and the creation of a fundamentally new structure are needed?

Do not be surprised, dear reader, but I sincerely believe that Russia may well shoot here: yes, I know that the Russian courts, the administrative process, and where the state corporations see us all. But at the same time, unique conditions have been created in Russia: materially close to the third world countries, morally (in terms of overall development) are sometimes higher than by the so-called Western standards (the key word is sometimes).

To be the first in this area is to re-enter space. The first. Not less.

What else?

What other areas will be regulated in the Russian Federation after 2018 (I hope the reasons for this “date” need not be explained?)? First, freelance. They have already attacked him, creating an unnecessary category of “self-employed citizens” and putting an edge on the online ticketing system , but, believe me, nobody will stop at this.

Secondly, online games: after all, in fact, the law on crypto-money is the law on online games. In interviews, speeches, remarks, this topic has repeatedly slipped. And the gambling market is just huge (by the way, the online casino market for crypto is also growing ). Therefore, we are waiting for the legislator here too.

Next - just everything related to encryption. VPN and TOR are already negotiating with the head of Roskomnadzor (in his words , however,). But after all, not only traffic via VPN is encrypted in RuNet, is it?

Another area that “urgently and tightly” will take up (and has already begun) is ecommerce: the law on commodity aggregators is only flowers. The berries will begin when GOST standards for IM become the “norm”, and they equate IM with retail (now only the Ministry of Economic Development is opposed to it). Standardization? It is necessary and useful, but only where the market is already saturated and oversaturated. But I don’t see the Russian Amazon (even after a massive buying up: e96 associates, Technosila, Eldorado and M.Video).

In conclusion, I will say the following: I understand perfectly well that the funds lost in the burning 2008 need to be compensated. Freezing pensions, the introduction of additional fees (aka Plato, overhaul, etc.), strict regulation (aka online cash registers, instant messengers) and other methods. For the state, this is normal. Another question is how normal it is for citizens who buy for dollars, which (currency ie) cost almost 2 times more than in 2014 at a price level of two or more times higher than in the same year, but with the average salary at the level of 2014, this question is already beyond the framework of Habr. But, within the framework of this resource, it is the receipt of adequate feedback from the community with subsequent attempts to somehow influence this process.

For example, today we (I and the team) received a recommendation to write an open letter on cryptocurrency addressed to those who develop the law for them. Why not? Moreover, in 2017-2018 We are planning requests to the COP for a number of important laws for the it sphere. But support is already needed here. We will see how our initiatives and Roscomsvoboda initiatives are implemented and we will act according to circumstances.

For now. The third part - soon.

PS Announcement on the articles of this topic:

1. Legal status of mining
2. ICO in Russia
3. Play money, bonuses and cryptocurrencies - what is in common?
4. Freelance by law. Version of power.
5. IoT, smart contracts + AI: the object becomes the subject?
6. History of Russian e-commerce: what is wrong?

I am also waiting for proposals on the analysis of specific acts and projects. Now - just everything :)

UPD. On the importance of symmetrical answers .