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I want to refuse the services of RosKomNadzor to protect me from information (online). How to do it?

"What form of application should be? Where to submit?"


I asked ( Google cache ) such a question on the Toaster. It was deleted after a while, since it is "outside the subject of the resource." Then I asked the moderator to clarify in more detail and he replied: "This is a debatable question and there is no definite answer to it."


During the time while the question existed, I received several answers:


1 Appeal to the Constitutional Court.
2 Apply for a visa and leave the jurisdiction of the RosKomNadzor authority.


Asking the same question to the Internet, it turned out that I was not the only one who asked this question. The user zakabum of the site RuTracker.org posted on the forum a sample application ( mirror ) that must be submitted to the provider. And also lays out its new statements in the course of correspondence with its provider.


Statement:


Good day.

I cannot access some resources on the Internet due to Roskomnadzor’s locks. Since we are from Switzerland and officially have no censorship (censorship is prohibited by the document with the highest legal force - the Constitution), I want to refuse Roskomnadzor services for filtering the Internet for services provided under an agreement with the company. Please enter my address to the exceptions so that I am not affected by Roskomnadzor’s blocking.

Since the requirements of Roskomnadzor cannot contradict the Constitution, therefore, these requirements apply only to public access to the Internet and should be immediately canceled individually if such a request comes from a citizen of the Russian Federation. Since not fulfilling this requirement will violate the Constitution of the Russian Federation, and therefore - illegal.
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Consequently, since the requirements of Roskomnadzor cannot violate the RF Constitution, and the content filtering is performed by the provider, it is not the fulfillment of the requirements of the citizen of the Russian Federation to disable content filtering services (censorship) is a violation of the laws of the Russian Federation by the provider company.
If you think that Roskomnadzor has demanded that you violate Konstitutsii (the main law of the Russian Federation), then please contact him for clarification. Otherwise, the legal responsibility of providing the imposed services rests entirely with the provider company.

I will quote the constitution about what rights are in question.


Section 29

1. Everyone is guaranteed freedom of thought and speech.

2. Propaganda or agitation inciting social, racial, national or religious hatred and enmity are not allowed. Propaganda of social, racial, national, religious or linguistic superiority is prohibited.

3. No one may be forced to express or abandon their opinions and beliefs.

4. Everyone has the right to freely seek, receive , transmit, produce and distribute information in any legal way. The list of information constituting a state secret is determined by federal law.

5. Guaranteed freedom of the media. Censorship is prohibited .

I found the answer to my question. It remains to test it in practice.


Update:


Article 23

1. Everyone has the right to privacy, personal and family secrets, protection of his honor and good name.

2. Everyone has the right to confidentiality of correspondence , telephone conversations, postal, telegraph and other communications . Restriction of this right is allowed only on the basis of a court decision.

How does the provider violate the user's rights:


  1. The provider uses the means of automatic user traffic analysis ( DPI ) and interferes with user traffic by forging TCP / IP packets (spoofing) .
  2. The provider blocks communication with the Internet host based on its IP address .
  3. The provider redirects packets to a transparent proxy which also automatically analyzes the data transmitted by the user and interferes with them.

What to do:
> webkumo # :


The application should have been submitted by mail with a written receipt.
Wait for the response time (lack of it) and file a lawsuit.
Wait for a loss in court and appeal.
Until it comes to the constitutional.
And then only at the ECHR.

NeoCode clarified # :


You can submit to the office or its equivalent. You submit two copies, one is taken away, the second one is molded with a seal and info, that the application has been received under such and such number after such and such date.

Write a statement. Not bad - along with a lawyer, or at least read how such documents are written.
Submit officially by registered letter with notification. In general, so that they were required to consider and officially respond. Find out the maximum time for consideration.
Wait for an answer. This will be the official paper with which you can go to court. If everything is done flawlessly and super literate, then there is a chance to reach the ECHR.

Update 2:


Consumer Rights Protection Act of Russia


Article 16. Invalidity of the terms of the agreement that infringe the rights of the consumer


2. It is forbidden to condition the purchase of certain goods (work, services) by the obligatory purchase of other goods (work, services). Losses caused to the consumer due to violation of his right to free choice of goods (works, services) are reimbursed by the seller (executor) in full.

Source: https://habr.com/ru/post/356156/


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