September 2, 2013 at 06:58Roskomnadzor has begun active actions against telecom operators that do not block prohibited sites
Recently, Roskomnadzor has begun active actions against telecom operators that are not authorized in the registry of banned sites and do not unload a list of network addresses, access to which must be limited.
By a simple search on the website of the Supreme Arbitration Court , only on the first page of the issue I found three arbitral awards of the courts of various regions of the country, according to which telecom operators were brought to administrative responsibility under part 3 of article 14.1 Administrative Code of the Russian Federation (entrepreneurial activity in violation of the conditions provided for by a special permit (license).
If we analyze the available solutions, we can draw a number of conclusions:
It seems that simply ignoring the requirements of the legislation in this case will not work. Telecommunications operators will have to block prohibited resources. And with the entry into force of anti-piracy law, the registry of banned sites becomes even more relevant, because now we are talking about real money.
UPD:
Roskomnadzor confirmed that it is actively working with telecom operators. To date, the courts brought to administrative responsibility of 7 telecom operators.
Also, the territorial authorities of Roskomnadzor sent more than 600 warning letters to the communication operators suspected of violating the terms of the license. A total of 349 protocols on administrative offenses were compiled against telecom operators that do not comply with the requirements for blocking illegal content. The court filed 281 statements of claim.
By a simple search on the website of the Supreme Arbitration Court , only on the first page of the issue I found three arbitral awards of the courts of various regions of the country, according to which telecom operators were brought to administrative responsibility under part 3 of article 14.1 Administrative Code of the Russian Federation (entrepreneurial activity in violation of the conditions provided for by a special permit (license).
- The decision of the arbitration court of the Sverdlovsk region
- The decision of the arbitration court of Moscow
- The decision of the arbitration court of the Saratov region
If we analyze the available solutions, we can draw a number of conclusions:
- Telecommunications operators are required to block access to prohibited resources during the day after a record of this resource appears in the registry of prohibited sites. Ignoring this requirement is a reason to institute proceedings on an administrative offense.
- The lack of authorization in the registry of banned sites using a qualified electronic signature clearly indicates that the telecom operator does not receive a reliable list of network addresses of banned resources, and therefore does not block. And the arbitration court of the Saratov region considers that in this case the telecom operator is the distributor of prohibited information in relation to other persons (serious charge).
- The fact that a higher-level telecom operator blocks forbidden resources is not clear evidence that the operators connected to it receive filtered traffic.
- Roskomnadzor makes conclusions about the existence of an administrative offense based on monitoring of the Unified Information System of Roskomnadzor. In fact, conducting any checks, visits to the telecom operator, etc. not implemented. It is understandable, because with a digital signature all the operators are in full view.
It seems that simply ignoring the requirements of the legislation in this case will not work. Telecommunications operators will have to block prohibited resources. And with the entry into force of anti-piracy law, the registry of banned sites becomes even more relevant, because now we are talking about real money.
UPD:
Roskomnadzor confirmed that it is actively working with telecom operators. To date, the courts brought to administrative responsibility of 7 telecom operators.
Also, the territorial authorities of Roskomnadzor sent more than 600 warning letters to the communication operators suspected of violating the terms of the license. A total of 349 protocols on administrative offenses were compiled against telecom operators that do not comply with the requirements for blocking illegal content. The court filed 281 statements of claim.