[ Ozbiljna @ 10.02.2008. 12:14 ] @
|Evo jos jednog pokusaja Rusije da usvoji Zakon o Internetu!|
Najbolji deo je ipak odgovor na zahtev nekoliko organizacija da im se draft versija posalje na uvid, da "je to nemoguce jer nacrt ne postoji u elektronskoj formi"!
Kako li su ga onda pisali? Rucno? Na pisacoj masini? :))
Ovo je samo nastavak represije koja se odvija u Rusiji vezano za slobodu izrazavanja. Pocelo je zatvaranjem Internews-a letos, a evo nastavlja se i u pravcu pokusaja regulisanja Interneta.
Videcemo kako ce se ovaj proces odvijati u buducnosti i da li ce Nact zakona uopste uci u Skupstinu...
"Federation Council defines terms for Runet
January 29, 2008, Tue 8:10 PM Internet Integration
The Commission for Information Policy at the Federation Council discussed the draft law ‘On the internet’ on January 29th 2008. Although the draft law was sent for revision after the discussion, its main provisions are likely to be implemented. In such a case such terms as ‘internet’, ‘site’ and ‘domain name’ will be defined for the first time in the history of the Russia law.
There has been no sensation. The rumors about the law on the Russian internet segment to be very strict turned out to be true only partially. The draft was discussed by the Commission for Information Policy at the Federation Council. However, the given draft law was only model and introduced the basic concepts. A model law is a document developed for the legislators of various countries to implement it as a local law. Or it might be implemented after revision. Or it might not be implemented at all. The current draft law ‘On the internet’ has been developed on request of the Inter-parliamentary Assembly of CIS. It is recommendatory to the Assembly member countries.
‘The greatest invention of the previous century has become the means of committing greatest crimes, - thus how Lyudmila Narusova, head of the Commission for Information Policy, opened its session. – But we are not going to cause sensation. To establish a repressive machine it is necessary to introduce the basic concepts’.
The term ‘internet’ has no definition in the legislation. There are no laws defining the terms ‘internet’, ‘site’, or, for example, ‘spam’ either in Russia or in most CIS countries (however, the term ‘spam’ is not defined in the draft law ‘On the internet’.
Dealing with crimes related to the internet the law-enforcement bodies have to follow common practice. The incident related to the internet café, where Alexander Koptsev, who carried out the massacre in a Moscow Synagogue, searched for anti-Semitic literature in the net, is characteristic of the given practice. A criminal case has been initiated against the internet-café on Article 282 of the RF Criminal Code (incitement to religion and national hatred).
To avoid such incidents in the future, the first section of the draft law, which consists of four sections, is devoted to terms definition. The second tells about the principles used by the state to monitor the internet, while the third describes monitoring procedure.
According to Ludmila Narusova, the project developers ‘have focused on the citizens’ right for the access to the internet, while the role of the state is paid less attention’. Indeed, one of the first principles is ‘free access to the internet’ and ‘avoidance of undue restrictions on the activity of internet providers and information exchange carried out through the internet’.
Other peculiar collisions are also mentioned in the draft law. The Russian jurisprudence has defined for the first time under what conditions a wrongdoer violating laws related to data transfer falls under its sphere of responsibility: ‘Legally liable activity committed when using the internet is alleged committed within the state if the activity causing legal consequences is committed by an individual when being present on the territory of the given state’. When translating from the legal language to the ordinary one, this means that if the law starts really operating, then a copyright malefactor, extremist or children pornographer domiciled in Moscow can hardly escape the punishment even if he is in the .IN domain zone.
All those being present at the session agree that copyright should be protected in the internet, while the socially dangerous internet content should be regulated. However, the current draft law is practically unlikely to be adopted even like a model law. The famous internet figure Anton Nosik, speaking at the session as an expert, recollected that in 1999 the attempt to adopt a law related to the internet in Russia failed. Following the results of the current session it was decided to send the draft law for revision till March 2008. The project will be promulgated during the mentioned period.
The first version of the model law to become public only in two days before its discussion in the Federation Council does not relate to somebody’s malicious intent. According to communication practice with the Commission for Information Policy, it is familiar with IT only through lawmaking. When the CNews editorial asked for the draft project to study to be sent through the internet, it was answered that there were no objections but for the fact that the document existed only on the paper. (The expert Mr. Nosik faced the same problem. When talking to a CNews correspondent he said that received the document in four days before discussion and by fax).
CNews decided to improve the Commission’s shortcoming having published the draft project on its site.
Professional layers having studied the draft law are rather reserved, when making comments: ‘In general, nothing repressive is meanwhile planned. The model law might not only be revised by the national authorities, its content proves the Commission tries to understand the meaning of the internet and possible ways to regulate it, - Yuri Yakhin, CNews Analytics expert, tells. – The most important fact is that the draft law indicates that free internet access or intellectual copyright issues are not dealt with in the given draft law’.
However, when moving from modeling to reality the draft law might undergo various conversions, Yuri Yakhin tells. ‘The model law ‘On the right of access to information’ was adopted in 2004, while the Russian draft law has been circulating through various institutions for several years with no result. The model law ‘On international information exchange’ was adopted in 2002, but Russia has rejected such a law in 2006’.