The first lawsuit against Roskomnadzor from the company that suffered while blocking Telegram
Hundreds of uncomplicated companies suffered from the mass blocking by Roskomnadzor of millions of IP addresses of cloud hosting sites. Human rights organizations recommended that they go to court, publish instructions, samples of claims and a list of documents to confirm the fact of blocking and damage. Finally, it moved from the dead point. On July 17, 2018, the first administrative suit against Roskomnadzor and the Prosecutor General’s Office in connection with the illegal blocking was registered in the Tagansky Court of Moscow. Case Number: 02a-0121/2018 .
The administrative plaintiff of Live Photography LLC explains that its online store of designer photo poster Posters & Legends was blocked on April 19, 2018, three days after Roskomnadzor started blocking Telegram in Russia.
The plaintiff estimates the damage at 500 thousand rubles.
Although in Russia there is no case law, this process will be a good example for other victims. Perhaps for this reason, the plaintiff does not require Roskomnadzor to compensate for the damage in this case, but only demands that the supervisor be guilty. Lawyer Danil Bukharin explained to Vedomosti that the actions of Roskomnadzor resulted in a significant violation of the rights and interests of Live Photo LLC, but the claim for damages has not yet been announced. The main thing now is to make these actions illegal.
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Why is the lawsuit filed not only against Roskomnadzor, but also against the Prosecutor General? The fact is that according to the universal service of checking access restriction to sites on the Internet, blocking the IP address of the online store of posters occurred on the basis of the decision of the Prosecutor General's Office of April 16. At the same time, the domain name of the site and the addresses of its individual pages were not entered in the registry of prohibited resources, Roskomnadzor notifications (as it should be when blocked) were not received. Only the IP address was blocked on which, as you know, dozens of sites can operate.
On July 23, the Tagansky Court of Moscow held a conversation on this suit, and the court hearing was scheduled for July 30. We will closely monitor this matter. If the claim is satisfied, it is quite possible to assume that other victims of the clumsy actions of Roskomnadzor will file similar claims, and may even require compensation for the damage. The road for this will be paved.
LLC “Live Photography” is the first company that accidentally suffered from the actions of Roskomnadzor and filed a lawsuit. Previously, lawsuits were filed not by accidental victims, but by those Internet services that Roskomnadzor deliberately blocked. For example, in August, the Moscow Arbitration Court will consider a lawsuit against Roskomnadzor from TgVPN service owners. His lawyer Sarkis Darbinyan from the Roskomsvoboda organization believes that blocking millions of IP addresses during the fight against Telegram occurred with gross violations. Including TgVPN blocking also carried out with gross violations. The bottom line is that as a basis for restricting access to the IP addresses used by Telegram, Roskomnadzor refers to the decision of the Prosecutor General’s Office, which allegedly found in the Telegram materials propagandizing Dzhebhat al-Nusru and other prohibited organizations.
The reference to the “anti-terrorism” decision of the Prosecutor General’s Office greatly simplified the work of Roskomnadzor. In this case, it was not necessary to notify the site owner, to undergo other complex procedures or to try the case in court. Just IP-addresses were entered in the list of prohibited resources - and immediately sent to providers, that's all.
However, Sarkis Darbinyan recalls that the law of Spring, on the basis of which the decision to block Telegram was taken, in principle does not provide for a blocking mechanism. In other words, Roskomnadzor was misled. Probably for this reason, the lawyers of the supervisory authority refused to provide a copy of the relevant decision of the Prosecutor General’s Office in response to a lawyer’s request - there is simply no such document. In this regard, it is very interesting how representatives of Roskomnadzor argue their position in court.
To date, 3,790,734 IP addresses remain blocked in the fight against Telegram.
The administrative plaintiff of Live Photography LLC explains that its online store of designer photo poster Posters & Legends was blocked on April 19, 2018, three days after Roskomnadzor started blocking Telegram in Russia.
The plaintiff estimates the damage at 500 thousand rubles.
Although in Russia there is no case law, this process will be a good example for other victims. Perhaps for this reason, the plaintiff does not require Roskomnadzor to compensate for the damage in this case, but only demands that the supervisor be guilty. Lawyer Danil Bukharin explained to Vedomosti that the actions of Roskomnadzor resulted in a significant violation of the rights and interests of Live Photo LLC, but the claim for damages has not yet been announced. The main thing now is to make these actions illegal.
')
Why is the lawsuit filed not only against Roskomnadzor, but also against the Prosecutor General? The fact is that according to the universal service of checking access restriction to sites on the Internet, blocking the IP address of the online store of posters occurred on the basis of the decision of the Prosecutor General's Office of April 16. At the same time, the domain name of the site and the addresses of its individual pages were not entered in the registry of prohibited resources, Roskomnadzor notifications (as it should be when blocked) were not received. Only the IP address was blocked on which, as you know, dozens of sites can operate.
On July 23, the Tagansky Court of Moscow held a conversation on this suit, and the court hearing was scheduled for July 30. We will closely monitor this matter. If the claim is satisfied, it is quite possible to assume that other victims of the clumsy actions of Roskomnadzor will file similar claims, and may even require compensation for the damage. The road for this will be paved.
LLC “Live Photography” is the first company that accidentally suffered from the actions of Roskomnadzor and filed a lawsuit. Previously, lawsuits were filed not by accidental victims, but by those Internet services that Roskomnadzor deliberately blocked. For example, in August, the Moscow Arbitration Court will consider a lawsuit against Roskomnadzor from TgVPN service owners. His lawyer Sarkis Darbinyan from the Roskomsvoboda organization believes that blocking millions of IP addresses during the fight against Telegram occurred with gross violations. Including TgVPN blocking also carried out with gross violations. The bottom line is that as a basis for restricting access to the IP addresses used by Telegram, Roskomnadzor refers to the decision of the Prosecutor General’s Office, which allegedly found in the Telegram materials propagandizing Dzhebhat al-Nusru and other prohibited organizations.
The reference to the “anti-terrorism” decision of the Prosecutor General’s Office greatly simplified the work of Roskomnadzor. In this case, it was not necessary to notify the site owner, to undergo other complex procedures or to try the case in court. Just IP-addresses were entered in the list of prohibited resources - and immediately sent to providers, that's all.
However, Sarkis Darbinyan recalls that the law of Spring, on the basis of which the decision to block Telegram was taken, in principle does not provide for a blocking mechanism. In other words, Roskomnadzor was misled. Probably for this reason, the lawyers of the supervisory authority refused to provide a copy of the relevant decision of the Prosecutor General’s Office in response to a lawyer’s request - there is simply no such document. In this regard, it is very interesting how representatives of Roskomnadzor argue their position in court.
To date, 3,790,734 IP addresses remain blocked in the fight against Telegram.
Source: https://habr.com/ru/post/418145/
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