Roskomnadzor lifts the blockade. Victims may sue
Today, around 3:00 pm, Roskomnadzor’s engineers deleted three large subnets from the registry:
The number of IP addresses immediately decreased by more than three million: from 17.8 million to 14.6 million. Roskomnadzor officially announced that in the near future it intends to unblock the remaining subnets of hosting providers , “in order to avoid restricting access to respectable Internet resources ".
The online community can breathe a sigh of relief. On the 13th day, the blockade is finally lifted. Foreign cloud services suffered losses, but withstood the pressure and refused to cooperate with Roskomnadzor . Telegram Messenger survived a difficult period and retained users . Roskomnadzor itself has been flogged by the media and many officials.
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The regulator has no choice but to surrender.
It is hoped that in the near future, most Internet services will work without failures.
Roskomnadzor said it would continue to register individual IP addresses that the Telegram messenger uses - and block them one by one. But it is known that this will not interfere with the work of the messenger. Apparently, Telegram initially counted on this mode of operation of Roskomnadzor, and the carpet blockages of huge subnets were a surprise to everyone.
Thus, the blockade of the Runet is officially lifted. It lasted from April 16 to April 28, 2018. This will surely become a significant event in the history of the Runet and, perhaps, will be awarded a separate Wikipedia article.
A happy ending is a happy ending of this story and a shameful retreat of the clumsy regulator. As the head of the Federal Antimonopoly Service (FAS) of Russia, Igor Artemyev, said, “the state cannot afford to sit in a puddle, and this is very sad ...”
In addition to the state, which “sank into a puddle”, numerous Russian companies, which have been malfunctioning for 13 days, also lost. Because of the clumsy actions of Roskomnadzor, they had to incur losses and pay penalties to counterparties. But there is hope that the regulator will compensate for the losses.
The lawyers of Roskomsvoboda prepared a claim form for submission by organizations regarding illegal actions of the supervisory authority.
“We still receive complaints about the inaccessibility of web resources of entrepreneurs, the backend of mobile applications and third-party services that were used by Russian business and non-profit organizations for their own professional activities. According to preliminary calculations, such actions led to multimillion-dollar losses and paralyzed the activities of many Russian organizations, the report of Roskomsvoboda reported. “If your company has become a victim of such negligent performance of its powers by Roskomnadzor and you, your employees, as well as your clients have lost access to the site or mobile application, we urge you to protect your rights in court and appeal against the actions of the RKN to declare the actions of the supervisory authority illegal.”
If the court proves the fault of the employees of the department who made the decision to block entire ranges of network addresses amounting to millions of IP, then the plaintiff can claim damages from the treasury of the Russian Federation.
Here is a step-by-step instruction on what a company needs to do in order to claim compensation for losses from the actions of Roskomnadzor:
When all documents and evidence are ready, you can file a lawsuit in court in person, by mail or through the electronic filing system.
Instructions for filing a claim in electronic form:
In addition to appealing against actions of Roskomnadzor, it is recommended to send a complaint to the RF IC and the Ministry of Internal Affairs of the RF about verification of signs of an administrative offense or crime in the actions of Roskomnadzor management. Lawyers note that drawing up a protocol under part 2 of article 13.19 of the Administrative Code of the Russian Federation (obstructing the operation of sites on the Internet) falls within the competence of the police, and consideration of the application in the order of part 2 of art. 284 of the Criminal Code of the Russian Federation - to the competence of the Investigative Committee. You can also send a complaint to the FAS in connection with a violation of Art. 15 of the Federal Law “On Protection of Competition” dated July 26, 2006 No. 135- in the form of actions leading to the prevention, restriction and elimination of competition.
- 52.192.0.0/11 - Amazon (2,097,152 addresses)
- 54.160.0.0/12 - Amazon (1,048,576 addresses)
- 91.121.0.0/16 - OVH SAS (65,536 addresses)
The number of IP addresses immediately decreased by more than three million: from 17.8 million to 14.6 million. Roskomnadzor officially announced that in the near future it intends to unblock the remaining subnets of hosting providers , “in order to avoid restricting access to respectable Internet resources ".
The online community can breathe a sigh of relief. On the 13th day, the blockade is finally lifted. Foreign cloud services suffered losses, but withstood the pressure and refused to cooperate with Roskomnadzor . Telegram Messenger survived a difficult period and retained users . Roskomnadzor itself has been flogged by the media and many officials.
')
The regulator has no choice but to surrender.
It is hoped that in the near future, most Internet services will work without failures.
Roskomnadzor said it would continue to register individual IP addresses that the Telegram messenger uses - and block them one by one. But it is known that this will not interfere with the work of the messenger. Apparently, Telegram initially counted on this mode of operation of Roskomnadzor, and the carpet blockages of huge subnets were a surprise to everyone.
Thus, the blockade of the Runet is officially lifted. It lasted from April 16 to April 28, 2018. This will surely become a significant event in the history of the Runet and, perhaps, will be awarded a separate Wikipedia article.
A happy ending is a happy ending of this story and a shameful retreat of the clumsy regulator. As the head of the Federal Antimonopoly Service (FAS) of Russia, Igor Artemyev, said, “the state cannot afford to sit in a puddle, and this is very sad ...”
In addition to the state, which “sank into a puddle”, numerous Russian companies, which have been malfunctioning for 13 days, also lost. Because of the clumsy actions of Roskomnadzor, they had to incur losses and pay penalties to counterparties. But there is hope that the regulator will compensate for the losses.
The statement of claim to the court on Roskomnadzor
The lawyers of Roskomsvoboda prepared a claim form for submission by organizations regarding illegal actions of the supervisory authority.
“We still receive complaints about the inaccessibility of web resources of entrepreneurs, the backend of mobile applications and third-party services that were used by Russian business and non-profit organizations for their own professional activities. According to preliminary calculations, such actions led to multimillion-dollar losses and paralyzed the activities of many Russian organizations, the report of Roskomsvoboda reported. “If your company has become a victim of such negligent performance of its powers by Roskomnadzor and you, your employees, as well as your clients have lost access to the site or mobile application, we urge you to protect your rights in court and appeal against the actions of the RKN to declare the actions of the supervisory authority illegal.”
If the court proves the fault of the employees of the department who made the decision to block entire ranges of network addresses amounting to millions of IP, then the plaintiff can claim damages from the treasury of the Russian Federation.
Here is a step-by-step instruction on what a company needs to do in order to claim compensation for losses from the actions of Roskomnadzor:
- Download the application , specify the name of the organization, legal and actual addresses, enter information about the site and blocked IP-addresses, print, sign and put the date;
- To prepare printskriny about the inaccessibility of the site / application. It is desirable that the screenshots were certified by 2-3 responsible employees of your organization;
- Prepare a print screen of the admin panel in the domain registrar's personal account with the site’s network address;
- Attach (if possible, if the domain is registered with Russian registrars) a certificate / certificate of registration of the domain name;
- Attach an agreement with the hosting provider (or payment documents confirming payment hosting);
- Attach a printout of the Unified Registry website page with the registry entry about blocking the IP address where your resource was located;
- Attach a printout of the site page from the personal account of Amazon Web Service , Google Cloud or another service whose cloud servers were blocked due to the inclusion of the IP address in the registry;
- Attach site visitor statistics;
- Ask your users / customers to measure which providers and how they restrict access to your resource using the tools OONI and Blockcheck , or F-Droid . Instructions for users here . This can be useful for further proving the fact of mass restriction of access by telecom operators;
- Send a copy of the statement of claim to Roskomnadzor at 109074, Moscow, Kitaygorodsky Ave., 7, p. 2. The original postal receipt will need to be attached to the claim;
- Pay the state fee in the amount of 3 000 rubles for the following details . It is necessary to pay from the current account of FE / LLC. The original of the payment order (preferably with a blue seal of the bank) will need to be attached to the claim.
When all documents and evidence are ready, you can file a lawsuit in court in person, by mail or through the electronic filing system.
Instructions for filing a claim in electronic form:
- Register on the website of the electronic submission of documents to the court my.arbitr.ru (verification will be required through the ESIA, i.e., State services);
- Select in the tab “Type of appeal” - Statement on the recognition of a non-normative legal act as invalid, decisions and actions (inactions) illegal (Article 199 of the APC RF);
- Specify your details in the “Applicant” tab;
- Select in the tab “Interested party” - a government agency and specify the details of Roskomnadzor ;
- Select in the “Court” tab - Moscow Arbitration Court;
- In the “Documents” tab download all documents sequentially;
- Check all the information and uploaded documents and click “Submit”, after which the documents will go to court, and you will receive a notification to your email.
In addition to appealing against actions of Roskomnadzor, it is recommended to send a complaint to the RF IC and the Ministry of Internal Affairs of the RF about verification of signs of an administrative offense or crime in the actions of Roskomnadzor management. Lawyers note that drawing up a protocol under part 2 of article 13.19 of the Administrative Code of the Russian Federation (obstructing the operation of sites on the Internet) falls within the competence of the police, and consideration of the application in the order of part 2 of art. 284 of the Criminal Code of the Russian Federation - to the competence of the Investigative Committee. You can also send a complaint to the FAS in connection with a violation of Art. 15 of the Federal Law “On Protection of Competition” dated July 26, 2006 No. 135- in the form of actions leading to the prevention, restriction and elimination of competition.
Source: https://habr.com/ru/post/356288/
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