State Duma Committee: for likes and reposts, criminal liability will remain
Vkontakte user Elina Mamedova from the village of Chekhovo (Bolshaya Yalta), who was charged under article 282 of the Criminal Code of the Russian Federation for reposts made in 2014 and 2015, was asked to take a DNA sample, saliva and voices for the “base of extremists” of
the State Duma Committee on Security and Counteraction Corruption has prepared a negative opinion on the draft law, which excludes criminal liability for reposts on the Internet.
For huskies and reposts, article 282 of the Criminal Code of the Russian Federation “Incitement to hatred or hostility, as well as humiliation of human dignity” (up to 5 years in prison)is often imputed. The administration of "Vkontakte" helps to identify the users even without a documented request of law enforcement agencies.
Dozens of users of social networks have already been convicted under the criminal article for likes and reposts. In such circumstances, the idea to withdraw this area from the scope of the criminal code. The corresponding bill was published on the website of the law enforcement system in June 2018. The Expert Council of the State Duma for the Development of the Information Society at the Youth Parliament also proposed to change the measure of responsibility for likes and reposts in social networks .
But the bill and the proposals of the expert council did not find understanding among colleagues. State Duma deputy from United Russia, Sergei Zheleznyak, stated that “one cannot condone manipulation and information wars,” and therefore the punishment for repost cannot be mitigated.
“The idea is legally spelled wrong. It is necessary to formulate in a different way, then we will work and communicate with the experts. The project is not supported by anyone, ” said the head of the committee, Vasily Piskarev. He stressed that the project on the decriminalization of likes and reposts in social networks did not support the Russian government and the Supreme Court.
Criminal cases in Russia often lead precisely for the publication of "Vkontakte". Why? This is a popular explanation of the authors of the telegram channel "You sit down for like . "
The fact is that the administration of the Russian service is willing to make contact and actively helps law enforcement agencies. Lists of IP addresses and other sensitive data are sometimes sent even without a formal request, simply at will, which the law enforcement officer expressed in an email.
The administration of "Vkontakte" reports the IP-addresses of visitors to the page and the phone number to which the page of any of its users is attached. After that, a request is made to the telecom operator that serves this phone number: who came from this IP to the page at the time specified in the response from VKontakte. Answers to these requests are proof that the page belongs to a specific person. A sample of Rostelecom's answer (the original opens on a click) And that’s all - the evidence base has been collected. You can start a criminal case, conduct a search of a suspect and withdraw computer equipment from the apartment to search for evidence. The user of "Vkontakte" Maria Motuznaya, which brought a criminal case for the publication of memes
about religion. The girl was accused of "the humiliation of the Negroid race." The fifth trial in the Motuznaya case will be held on September 25
The problem is that, according to the law, resources are obliged to respond to such requests only by a court decision. But Vkontakte has a special mailbox where employees of any authorities send scans or even photos of requests, and sometimes even just text requests from absolutely random email addresses: “What do you think the law-abiding social network should do in response to such a request? - That's right, ignore this filkin letter and request a court decision. But VKontakte is not just a law-abiding social network, but a very law-abiding, it is friends with government agencies. Therefore, VKontakte gives information in general to any email requests. It is terrible to imagine how many fake requests there are from Mummy Dianonschikov. Yes, you understood correctly - VKontakte helps to implant its users"- write the authors of the channel" You sit down for like. " They also published a mailbox for such requests ( firstname.lastname@example.org ) and attached a printout of the response from the administration of the social network. An example of a response from an employee “Vkontakte” to an unofficial request for personal data received from the mailbox (the original is opened by clicking) . Recently, the administration has been asking law enforcement officers to send requests for issuing confidential data via e-mail at least from the official postal address, and not from .
According to the Public Opinion Foundation (FOM), 55% of Russians approve of the idea of criminal punishment for publishing in social networks, and also believe that the Russians should bear the same responsibility for repost as they did for their own material. According to respondents of the nationwide survey, the repost is a source of information dissemination and it can shake society and thus harm it.
After the negative conclusion of the profile committee, the prospect of adopting a bill on the decriminalization of likes and reposts looks dubious.
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