"Anti-piracy" law: tough pressure

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On June 6, 2013, on
the anniversary of the introduction to the State Duma of the infamous law No. 139-FZ
(the so-called “blacklist law”), deputies introduced for consideration another no
less odious bill, secretly developed in the basements of the Lubyanka of the State Duma
, and once again carried out a raider operation, adopting it in
the first reading on the 14th and in the second and immediately third on June 21 .

Everybody to court!
According to this
bill,registered under number 292521-6,
a copyright holder who discovers content on a food and beverage email listwebsite that allegedly violates his
rights has the right to immediately apply to the Moscow City Court, including through
the online form on the court's website. The Moscow City Court is empowered to take
preliminary interim measures on such applications, namely, to send
submissions on content blocking even
before filing a claim . After receiving a court decision on blocking, the copyright holder
applies to Roskomnadzor with a request to restrict access to
the resource.



It looks like we'll be seeing these kinds of inscriptions more and more often.


Roskomnadzor determines the hosting provider on whose servers the violator's website is located within three working days
and sends them a notification. The hosting provider
notifies the website owner within 24 hours, and the website owner
is obliged to remove the disputed content within 24 hours. If the website owner refuses,
the hosting provider is obliged to restrict access to this website. If
the hosting provider refuses to block or does not respond, all
information about the violating website is sent to telecom operators, who are
obliged to restrict access to the resource.

The scheme is painfully
reminiscent of the scheme of the Unified Register of Prohibited Sites, which
has already caused a number of counter-actions since November of last year.lawsuitsand a lot of complaints about
Roskomnadzor, Rospotrebnadzor and the Federal Drug Control Service for blocking bona fide resources and
anecdotal claims about humorous and encyclopedic resources.



Life is a serious thing. Deadly serious. That's why the PSA was banned. Or maybe that's not why?

Among
the blocked resources:social advertising — the winner of
the advertising festival, humorous tweets
"from the other world" ,quotes from the FSKN website, Japanese
erotic comics , and those that did not violate the law, but simply stood
next to them:eBook Publishing News,ornithological blog, kindergarten website
,a whole blogging platformAnd thousands of other small and medium-sized web resources
What can I say ?Yandex itself was unavailable for 23 minutes, And VKontakte was also blocked, however, by mistake
- the human factor has not been cancelled.

You owe me!
However, the story with
draft law No. 292521-6 is even more threatening: now, in addition to public interests
(child pornography, suicide, drugs), private-law interests have been added, related
to copyright and related rights of a purely economic nature. The adoption of the law
means that now one group of
entrepreneurs (copyright holders) shifts the burden of protecting their private
rights to another group of entrepreneurs (information intermediaries) . In addition
, this second group will also be held liable for failure to fulfill
obligations to protect the private rights of the first group.

At the same time, by the second
reading, a remarkable amendment appeared in the text of the bill, according to
which preliminary injunctions can block not only the disputed materials themselves, but also “information
necessary for obtaining them using
information and telecommunications networks ,” read - links on torrents and
search engines (and maybe something else, a very vague formulation).

Speaking of amendments:
the Internet industry, despite the very tight deadlines, managed
to prepare its proposals aimed at reducing the risks
of abuse and increasing the efficiency of the procedure, and sent them to all
conceivable government agencies, from the Duma and the Presidential Administration to the Public Chamber.
Among the industry's proposals are the following: