Gesetz über die Einschränkung des Zugangs zu rechtswidrigen Informationen im Internet
Russian State Duma Bill № 89417-6 (Законопроект № 89417-6) is a bill considered by the Russian State Duma in 2012 which would create a blacklist of internet sites containing alleged child pornography, drug related material, extremist material, and other content illegal in Russia. It also proposed several other changes in the law, including liability for providers of telecom services for failing to protect children. Critics expressed concern that the bill could be used to censor the Internet.[1]
The bill was introduced in the Duma on June 7, 2012. The first reading was July 6, 2012 and the second was July 10, 2012. [2]
Internet Registry
The Blacklist, or Registry, is created by amending the Federal Law of July 27, 2006 № 149-FZ "On Information, Information Technologies and Information Protection." The bill would add Article 15: "Uniform registry of domain names and (or) the universal locators to pages of sites on the Internet and network addresses of sites on the Internet that contain information prohibited to spread in the Russian Federation."
It would create a Uniform registry of domain names and (or) the universal locators to pages of sites on the Internet and network addresses of sites on the Internet that contain illegal information.
The jurisdiction of the Registry can be under a Russian non-profit organization.
The Registry Operator would links to websites or domain names containing:
- Child pornography
- Promoting the use of narcotic drugs and psychotropic substances
- Promoting the use of precursor of drugs (acetone, potassium permanganate, sulfuric acid, hydrochloric acid, acetic acid)
- Information, "prompting the children to commit acts which threaten their lives and (or) health";
- Any other information which is prohibited to spread in Russia, by the decisions of courts.
Hosting providers, Site owners, and ISPs
The decision on inclusion in the Register domain names, links to web pages of sites and network addresses of sites can be appealed only in court, and only for 3 months.
When a site is added to the Registry, the web hosting provider must within days inform the owner about the situation and the need for removal of content.
The site owner must, within days of the receipt of the notification to the hosting provider, remove the content. In the event of failure or omission of the owner of the site hosting provider is obliged to restrict access to this site on the Internet.
In case of failure of the hosting provider and owner of the site of these measures, the network address of the site is included in the Register.
Internet Service Providers are required to restrict access to addresses that are listed in the Register. The fact that the same IP address may be used by several thousands of sites by the law is ignored.
Other changes
The bill also made several other amendations. The changes to the Federal Law of December 29, 2010 № 436-FZ (On the Protection of Children from information harmful to their health and development.) would require content labeling. Thus, each page on the Internet will need to mark special signs for the five categories of visitors: (0-6 years, 6-12 years, 12-16 years, 16-18 years of age and older than 18 years).
Another amendment was proposed to the Code of the Russian Federation on Administrative Violations. It would provide for liability for Internet Service Providers not using software and hardware to protect children from information harmful to their health and (or) development.
The amendment to the Federal Law of July 7, 2003 № 126-FZ (On communications) would renew the principle that restriction of access to information through the Internet is regulated by the Federal Law "On Information, Information Technologies and Information Protection."
Criticism
The Russian "Presidents Council on Civil Society and Human Rights" criticized the bill on several points:
"The bill is not aimed at combating the causes of illegal content and its distribution on the Internet and will not contribute to the effectiveness of law enforcement and prosecution of criminals who will be able to migrate resources from illegal content in other domains and IP-address. At the same time, many bona fide Internet resources with legal content may be affected by the mass block, since the system would impose severe restrictions on the basis of subjective criteria and assessments, which will make the Russian jurisdiction is extremely unattractive for Internet businesses." (Translation by Google Translate)[3]
See Also
- Golden Shield (Great Chinese Firewall)
- Stop Online Piracy Act
- Anti-Counterfeiting Trade Agreement
- PROTECT IP Act
- Protecting Children from Internet Pornographers Act of 2011
References
- ↑ Referenzfehler: Ungültiges
<ref>-Tag; kein Text angegeben für Einzelnachweis mit dem Namen rian1. - ↑ Referenzfehler: Ungültiges
<ref>-Tag; kein Text angegeben für Einzelnachweis mit dem Namen bill. - ↑ Referenzfehler: Ungültiges
<ref>-Tag; kein Text angegeben für Einzelnachweis mit dem Namen prescouncil.