Is correspondence in IM (ICQ, etc.) - personal correspondence according to our legislation?
Actually in one of our city forums, the topic of "joy" about ICQ was raised. On all resources, this question was the "theme of the day." What to hide then?
When the second half of the inhabitants of our city started working icq, everyone calmed down ...
... one kind user threw this:
AOL is just warming up and only
This is so to say Chinese warnings and only with the next change of the protocol and the ban of RU domains. The following steps will be more difficult. For example, the publication of data correspondence with accounts of non-native programs and the like. Theft and unwillingness to pay royalties to Russian companies got them. In early February, a separately appointed person will come here, will undertake, draw up a plan of action. I think the question is not yet serious, but they are already interested. I have one serious Western law firm interested in who represents the interests of AOL in Russia. They want to become representatives, they see a lot of opportunities to earn money. Crisis, begin to milk everything and everyone, and rightly so.
Source: eldarmurtazin.livejournal.com/281147.html
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Then the question arose in general of the legality of the act.
The same kind user dropped this text:
Provision of information
ICQ does not wish to receive from you any confidential, secret or proprietary information and materials through the ICQ web page, ICQ mail addresses and ICQ email addresses, ICQ Services or in any other way. ANY INFORMATION OR MATERIALS TRANSMITTED OR SENT TO ICQ, EXCLUDING PRIVATE COMMUNICATIONS BETWEEN YOU AND OTHER USERS THAT ARE NOT SUBSEQUENTLY BECOME AVAILABLE ICQ to, NOT EXPECTED TO BE CONFIDENTIAL OR SECRET. When sending or sending documents, information or other materials (“Materials”) to ICQ or sending information entered into various pointers and ICQ tools and any messages on the ICQ message board, you (1) guarantee that you do not have any rights with respect to Materials, and based on the information you have, no party has any rights to these materials; (2) provide ICQ with unlimited, perpetual, irrevocable permission to use, reproduce, demonstrate, perform, adapt, modify, transmit and distribute the Materials using all means of audiovisual information; and (3) agree that ICQ is free to use any ideas, know-how, concepts, methods, or other materials that you send in connection with any purpose.
www.icq.com/legal/license_agreement_rambler.html
To be honest, I didn’t read it in reggae in ICQ. And most also.
But we remember the constitution, and there seems to be a secret of correspondence there.
We take the Constitution, Article 23.
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.
Does this not contradict our main law and other laws?
Does this apply to ICQ (MSN and other similar services)?
The question is not whether AOL can do it, they can go crazy and publish it stupidly, but do they have rights to it? Do other services have the right to also publish our correspondence?
After all, many people send passwords via ICQ, etc. Anyway, a lot of things go through it.
Added by:
Comrades, as you can see the emphasis is not only on AOL, etc. After all, create a user agreement with the text "the possibility of disclosure," etc. others can, and yes, this can be corrected.
The question is, do they have the right to commit such acts? Does this, under the article of the Constitution, which led in this topic.
As you know, the IT sphere is very poorly covered in our laws. And when the constitution was written about such services in the Russian Federation and there was no question ...
When the second half of the inhabitants of our city started working icq, everyone calmed down ...
... one kind user threw this:
AOL is just warming up and only
This is so to say Chinese warnings and only with the next change of the protocol and the ban of RU domains. The following steps will be more difficult. For example, the publication of data correspondence with accounts of non-native programs and the like. Theft and unwillingness to pay royalties to Russian companies got them. In early February, a separately appointed person will come here, will undertake, draw up a plan of action. I think the question is not yet serious, but they are already interested. I have one serious Western law firm interested in who represents the interests of AOL in Russia. They want to become representatives, they see a lot of opportunities to earn money. Crisis, begin to milk everything and everyone, and rightly so.
Source: eldarmurtazin.livejournal.com/281147.html
')
Then the question arose in general of the legality of the act.
The same kind user dropped this text:
Provision of information
ICQ does not wish to receive from you any confidential, secret or proprietary information and materials through the ICQ web page, ICQ mail addresses and ICQ email addresses, ICQ Services or in any other way. ANY INFORMATION OR MATERIALS TRANSMITTED OR SENT TO ICQ, EXCLUDING PRIVATE COMMUNICATIONS BETWEEN YOU AND OTHER USERS THAT ARE NOT SUBSEQUENTLY BECOME AVAILABLE ICQ to, NOT EXPECTED TO BE CONFIDENTIAL OR SECRET. When sending or sending documents, information or other materials (“Materials”) to ICQ or sending information entered into various pointers and ICQ tools and any messages on the ICQ message board, you (1) guarantee that you do not have any rights with respect to Materials, and based on the information you have, no party has any rights to these materials; (2) provide ICQ with unlimited, perpetual, irrevocable permission to use, reproduce, demonstrate, perform, adapt, modify, transmit and distribute the Materials using all means of audiovisual information; and (3) agree that ICQ is free to use any ideas, know-how, concepts, methods, or other materials that you send in connection with any purpose.
www.icq.com/legal/license_agreement_rambler.html
To be honest, I didn’t read it in reggae in ICQ. And most also.
But we remember the constitution, and there seems to be a secret of correspondence there.
We take the Constitution, Article 23.
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.
Does this not contradict our main law and other laws?
Does this apply to ICQ (MSN and other similar services)?
The question is not whether AOL can do it, they can go crazy and publish it stupidly, but do they have rights to it? Do other services have the right to also publish our correspondence?
After all, many people send passwords via ICQ, etc. Anyway, a lot of things go through it.
Added by:
Comrades, as you can see the emphasis is not only on AOL, etc. After all, create a user agreement with the text "the possibility of disclosure," etc. others can, and yes, this can be corrected.
The question is, do they have the right to commit such acts? Does this, under the article of the Constitution, which led in this topic.
As you know, the IT sphere is very poorly covered in our laws. And when the constitution was written about such services in the Russian Federation and there was no question ...
Source: https://habr.com/ru/post/50042/
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