
The Moscow Arbitration Court
rejected the application of Private Networks, a company registered in Scotland, which demanded that Roskomnadzor unblock its VPN service TgVPN. This service was blocked during blocking of addresses through which Telegram works.
The representative of Private Networks Sarkis Darbinyan explained to the court that Roskomnadzor blocked access to the company's addresses and domains, although they are not indicated in the request of the Prosecutor General’s Office, which Roskomnadzor refers to, and the TgVPN service has nothing to do with the Telegram messenger and is not affiliated with it. Thus, Roskomnadzor exceeded its authority, limited the constitutional right to disseminate information, the right to business activities, and also caused economic damage.
The plaintiff demanded that it was illegal to include the domain names and network addresses of the TgVPN Internet service in the registry of prohibited sites.
The representative of Roskomnadzor Kulikov said that blocking the disputed domains and addresses was carried out by the decision of the Tagansky court, which entrusted the department with the obligation to stop creating technical conditions for the functioning of the Telegram messenger systems. According to the respondent, “the service allows circumventing measures taken to restrict access”, and “resources allow access to extremist materials distributed by Telegram”.
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This is the second meeting of the Arbitration Court in this case. Last time, the judge adjourned the meeting after a
dispute between a TgVPN attorney and a representative of Roskomnadzor about the meaning of the word “site” .
Now the case has been completed and the final decision has been made. "To satisfy claims refuse completely," - announced the judge. The consideration of the case in the deliberation room took 15 seconds, the correspondent of "Mediazone"
reports .
The plaintiff does not agree with the decision of the court and intends to file an appeal. According to Darbinyan, Roskomnadzor ignored the norms of Article 15.8 of the Law “On Information Protection”, which defines the procedure for the department’s interaction with the owners of VPN services and the order of their blocking in case of failure to fulfill the requirements. In addition, the judge completely ignored Article 164 of the Arbitration Procedure Code and did not give a chance to take a position in the debate, the lawyer said.
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