Is it possible to provide children with Internet access? Or what threatens those who want to help schools

    On Habré, and indeed in general on the Internet, there are a lot of articles in which the authors describe their experience in creating school networks, organizing a system for providing Internet provider services, etc. The work of such enthusiasts is welcome. However, beyond the scope of these articles, as a rule, the legal side remains. All services provided must comply with applicable laws and regulations. Otherwise, sooner or later, a prescription will follow according to the results of the audit.

    As the statistics of the issues show, the most problematic for implementation are the requirements of Federal Law No. 436-ФЗ “On the Protection of Children from Information Harmful to Their Health and Development”. We will talk about the possibility of realizing his requirements (more precisely, the impossibility of doing this).

    This article was written in connection with the questions asked during the discussion of publishing the Internet in Russian schools: work on bugs .

    So, attention is paid to Federal Law No. 436-ФЗ “On the Protection of Children from Information Harmful to Their Health and Development” (as amended by Federal Laws dated July 28 , 2012 N 139-ФЗ , dated 05.04.2013 N 50-ФЗ , dated 29.06. 2013 N 135-ФЗ , dated 02.07.2013 N 185-ФЗ , dated 14.10.2014 N 307-ФЗ ). The law of December 29, 2010, published December 31, 2010, was supposed to enter into force a year and a half later (and did it) - September 1, 2012.

    Once again, the law appeared in the 139-FZ - the famous law on black lists. Contrary to popular belief, 139-ФЗ is not an independent law - it only amended various legislative acts, including 436-ФЗ, which was also amended.

    Oddly enough, the law itself did not cause widespread indignation - it attracted much more attention and continues to attract No. 149-FZ “On Information, Information Technologies and the Protection of Information” with its famous “black lists of Roskomnadzor”.

    Meanwhile, this is completely unfair. 436-FZ is not feasible in principle - but no one paid particular attention to this - with the exception of (naturally) those who can use it to their advantage. For an example, you can see the comments of the RAEC .

    What governs the law?

    In accordance with the name, the law only and exclusively regulates the procedure for restricting access to certain information to minors. The distribution of such information is governed by completely different laws.

    What information falls under the law?

    According to the law, information prohibited for distribution among children includes:

    1. Encouraging children to commit actions that pose a threat to their life and (or) health, including causing harm to their health, suicide;
    2. capable of causing children to desire to use narcotic drugs, psychotropic and (or) intoxicants, tobacco products, alcoholic and alcohol-containing products, beer and drinks made on its basis, take part in gambling, engage in prostitution, vagrancy or begging;
    3. justifying or justifying the admissibility of violence and (or) cruelty or encouraging to carry out violent acts against people or animals, with the exception of cases provided for by this Federal Law;
    4. denying family values, promoting non-traditional sexual relations and forming disrespect for parents and (or) other family members;
    5. justifying illegal behavior;
    6. containing foul language;
    7. containing pornographic information. According to the law, pornography refers to information presented in the form of naturalistic images or descriptions of the human genitals and (or) sexual intercourse, or sexual acts comparable to sexual intercourse, including such an act committed against an animal. At least everything related to the relevant sections of medicine falls under this definition!
    8. about a minor who suffered as a result of illegal actions (inaction), including last names, first names, patronymic, photo and video images of such a minor, his parents and other legal representatives, the date of birth of such a minor, audio recording of his voice, his place of residence or place of temporary residence, place of his study or work, other information that allows directly or indirectly to establish the identity of such a minor

    In principle, the list is quite logical. The problem, as always, is in the details. For example, you may notice that definitions of family values ​​and unlawful behavior differ for different population groups. But here is paragraph 8 (although in general it is logical and the reason for its existence is clear), in particular, it actually requires canceling the display of minors in the news.

    Interestingly, points 1–5 are unacceptable on radio and television from 4 to 23 hours - with the exception of paid channels. And from 7 a.m. to 9 p.m. swear words and materials exploiting interest in sex are unacceptable - also with the exception of paid channels. Apparently, it is believed that children do not watch paid channels.

    Additionally, the law introduces restrictions on access to various types of information depending on age. This list includes information:

    1. presented in the form of an image or description of cruelty, physical and (or) mental violence, crime or other antisocial action;
    2. causing fear, horror or panic in children, including being presented in the form of an image or description in a degrading human form of non-violent death, illness, suicide, accident, accident or catastrophe and (or) their consequences;
    3. presented in the form of an image or description of sexual relations between a man and a woman;
    4. containing swear words and expressions not related to foul language.

    This list is more interesting. Any news can fall under the first two points, and point 4 is now present in almost all television programs. Of course, the conclusion from the law of the works of the great masters of the past is justified (but it is completely unclear how it will be determined what is created by the great masters and what is not), but the conclusion from the law of advertising is truly amazing - it turns out that information is valid in advertising, " which can cause them health and (or) development. "

    What is information in terms of this law and where can it be located?

    Information products - intended for circulation in the territory of the Russian Federation, media products, printed materials, audiovisual products on any kind of media, programs for electronic computers (computer programs) and databases, as well as information disseminated through entertainment events and information placed in information and telecommunication networks (including the Internet) and mobile radiotelephone networks.

    How much does access to information depend on age?

    The law introduces four age categories: up to six years, from six and above, from twelve and above, and from sixteen and above.

    Up to six years old, information may be available to children:

    • not harmful to the health and (or) development of children;
    • containing episodic non-naturalistic images justified by its genre and (or) plot or description of physical and (or) mental violence (with the exception of sexual violence), subject to the triumph of good over evil and expression of compassion for the victim of violence and (or) condemnation of violence.

    It should be noted the phrase "containing justified by its genre and (or) plot." With regard to the Internet, this may mean a ban on various banners and pop-ups, provided that the information contained in them does not correspond to the content of the pages on which they are displayed.

    It is particularly interesting that cruelties are available on the condition of the triumph of goodness - in real life we ​​see imitation of Darth Vader, but not Skywalker.

    From six years old can be available (again as part of the plot):

    1. short-term and unnaturalistic images or descriptions of human diseases (with the exception of serious diseases) and (or) their consequences in a form that does not degrade human dignity;
    2. non-naturalistic depiction or description of an accident, accident, catastrophe or non-violent death without demonstrating their consequences, which may cause fear, horror or panic in children;
    3. episodic depiction or description of these actions and (or) crimes that do not induce the commission of antisocial actions and (or) crimes, provided that their admissibility is not justified and not justified and a negative, condemning attitude towards the persons committing them is expressed.

    According to the definitions of the law, an image or description in any form is unnatural without fixing the attention to details, anatomical details and (or) physiological processes. In this regard, paragraphs 1 and 2 practically exclude the possibility of viewing news - their contents, as a rule, cannot be classified as unnatural.

    In categories 12+ they become available (and also within the framework of plots):

    1. episodic depiction or description of cruelty and (or) violence (except for sexual violence) without a naturalistic depiction of the process of deprivation of life or mutilation, provided that compassion for the victim is expressed and (or) negative, condemning attitude to cruelty, violence (with the exception of violence, applied in cases of protecting the rights of citizens and the interests of society or the state protected by law);
    2. image or description that does not induce antisocial actions (including the consumption of alcoholic and alcohol-containing products, beer and drinks made on its basis, participation in gambling, engaging in vagrancy or begging), occasional mention (without demonstration) of drugs, psychotropic and (or) stupefying substances, tobacco products, provided that the admissibility of antisocial actions is not justified and not justified, a negative, condemning attitude is expressed e to them and provides an indication of the risk of consumption of these products, tools, materials, products;
    3. episodic non-naturalistic images or descriptions of sexual relations between a man and a woman that do not exploit interest in sex and do not have arousing or insulting nature, with the exception of images or descriptions of actions of a sexual nature.

    In this category, there are still demands for compassion for any victim, condemnation of the use of alcohol and tobacco, and a ban on showing sexual acts, which again is difficult to watch with various TV shows, TV shows, and movies.

    The law also states that in the presence of parents or other legal representatives of children, information available from the age of 12 may be available to younger children. How to share information for children watching programs with and without parents is not described in the law.

    Finally, from the age of 16 they become available:

    1. an image or description of an accident, accident, disaster, illness, death without a naturalistic display of their consequences, which may cause fear, horror or panic in children;
    2. depiction or description of cruelty and (or) violence (except for sexual violence) without a naturalistic demonstration of the process of deprivation of life or mutilation, provided that compassion for the victim is expressed and (or) negative, condemning the cruelty, violence (with the exception of violence used in cases of protecting the rights of citizens and the interests of society or the state protected by law);
    3. information about narcotic drugs or about psychotropic and (or) stupefying substances (without their demonstration), about the dangerous consequences of their consumption with the demonstration of such cases, provided that they express a negative or condemning attitude to the consumption of such drugs or substances and indicate their danger consumption;
    4. individual swear words and (or) expressions not related to foul language;
    5. do not exploit interest in sex and are not offensive in nature, the image or description of sexual relations between a man and a woman, with the exception of images or descriptions of actions of a sexual nature.

    Everything described above is directly applicable to the Internet, because according to the law, information that applies to everything that can be distributed through the Network - texts, films, music, programs, etc.

    It’s worth adding that the law does not restrict the access of this category of persons to information of a scientific type, advertising (that’s what hurts parents’s children and wallets!), information “that has significant historical, artistic or other cultural value for society”. And school programs with their description of family values ​​...

    How is information classified?

    How is information belonging to a particular category determined? According to the law, classification is carried out by its producers and (or) distributors independently, taking into account (including) the peculiarities of the perception of information by children of a certain age category and the likelihood of information harming the health and (or) development of children. The possibility of a wide interpretation of these provisions is not even commented on.

    Films as well as educational materials are separately classified.

    Who falls under the requirements of the law?

    All information should be marked with a special sign (image or text warning).

    But there are exceptions to any rule. Without an appropriate sign, information can be disseminated through textbooks and manuals, through radio, at various events, using “periodicals specializing in the dissemination of information of a socio-political or industrial-practical nature.” The last point is quite interesting - it turns out that in serious publications it is quite possible to place, say, calls for terrorism and violence - with a demonstration of naturalistic images. And, most importantly, the sign is not needed for information "distributed through information and telecommunication networks, including the Internet, except for network publications."

    Note that, as always, all those involved in the law were divided into groups of those who read and those who did not read it, but heard about it. Thus, information on the minimum age immediately began to sound in radio advertising, which, as indicated above, is not required by law. On the other hand, a sign of accessibility of information appeared on all printed materials - even one where, in principle, nothing could be pornographic. So, the magazine on network solutions now lists 16+. Everyone knows that system administrators and programmers are engaged in rare perversions, but who would have thought that in their journals they harm minors?

    Also, signs are not placed - attention! - on the:

    • information disseminated through information and telecommunication networks, including the Internet, except for network publications;
    • comments and (or) messages posted at their discretion by readers of a network publication on the website of such a publication.

    Thus, on the Internet, signs can only be placed on sites that have registered as online publications.

    Who must comply with the requirements of the law?

    In fact, everyone who can provide minors with access to information is subject to the law. Hospitals, schools, government agencies, companies with wireless networks, companies in whose territory children may simply be. In the end, just users with a mobile phone with open Wi-Fi. It makes sense to quote the law:

    The circulation of information products containing information prohibited for distribution among children ... in places accessible to children is not allowed without the use of administrative and organizational measures, hardware and software and hardware to protect children from this information.

    Access to information disseminated through information and telecommunication networks, including the Internet, in places accessible to children , is provided by a person organizing access to the Internet in such places ( with the exception of telecom operators providing these communication services on the basis of communication services contracts concluded in writing), to other persons, subject to the application of administrative and organizational measures, technical, software and hardware means of protecting children from information that is harmful to their health and (or) development.

    A site in ... the Internet, not registered as a mass medium, may contain a sign of information products (including in machine-readable form) and (or) a text warning about the restriction of its distribution among children, corresponding to one of the categories of information products ... Site classification carried out by their owners independently in accordance with the requirements of this Federal Law.

    In information products for children, including information products distributed through information and telecommunication networks, including the Internet, and mobile radiotelephone networks, it is not allowed to place ads on involving children in the creation of information products that are harmful to their health and (or) development.

    Information products that are prohibited for children are not allowed to be distributed in educational institutions intended for children, children's medical, sanatorium, health and fitness organizations, cultural organizations, organizations for rest and recreation of children, or at a distance of less than one hundred meters from the borders of the territories of these organizations .

    Additionally, we will translate into Russian individual provisions:

    • providers do not restrict access (it is rather difficult to imagine a provider working without a contract);
    • if the access is organized by a non-provider, please take measures. Restrictions are imposed by the company or person organizing or controlling the access of minors to the Internet;
    • Sites (with the exception of those registered as media) may (but are not required to) report age restrictions.

    And the demand that access to prohibited information be impossible at a distance of up to 100 meters from schools, hospitals, etc., sounds poorly fiction. Poor residents of nearby houses ...

    Where and how is access restricted?

    Access to restricted information is restricted to places accessible to children. More precisely, in public places, the access of the child to which is not prohibited. Access restriction is carried out using administrative and organizational measures, hardware and software and hardware. It should be noted right away that it is intended to use only software and hardware - purely software is not allowed. Requirements for administrative and organizational measures, hardware and software and hardware are established, according to the law, authorized by the Government of the Russian Federation by the federal executive body, which is not directly defined in the law.

    Who decides (please pay special attention!)?

    Experts accredited by the authorized government of the Russian Federation by the federal executive body. The register of accredited experts and expert organizations is open and accessible for review by any physical and legal persons, unless access to such information is limited in accordance with federal laws. The Internet contains information from the registry, including data on information products, the examination of which the expert is entitled to carry out, as well as all of his contact information.

    The experts may be persons with higher professional education and with special knowledge, including in the field of pedagogy, developmental psychology, developmental physiology, and child psychiatry. Moreover, they are not manufacturers, distributors of information products submitted for examination, or their representatives.

    The examination period may not exceed thirty days from the date of conclusion of the contract on its implementation.

    The expert opinion should contain, including:

    2) information about the expert organization and the expert;
    3) questions posed to the expert, experts;
    5) the content and results of studies indicating the methods;
    6) motivated answers to questions posed to the expert, experts.

    Information on the examination and its results is posted on the Internet within two business days, and no later than fifteen days from the date of receipt of the expert opinion, the federal executive body authorized by the Government of the Russian Federation makes a decision on the non-compliance of information products with the requirements of the law and issuing a prescription to eliminate the identified violations.

    Who will control?

    State supervision is carried out within its competence by the federal executive body, which exercises control and supervision functions in the field of mass media, including electronic and mass communications, information technologies and communications, the federal executive body, which exercises federal state supervision in the field of protection the rights of consumers, and federal executive body exercising functions of control and supervision in the sphere of education and science of

    public bodies ation and individuals can also control the activity to limit children's access to information - including in court. Any interested person may challenge the decision in court.

    How to comply with the requirements of the law?

    To summarize:

    1. The law was clearly written not to filter the content of the Internet (in connection with which it actually is not feasible).
    2. The most interesting question is how to restrict access. To do this automatically by filtering information on the fly (determining compliance with the law by formal criteria) and at the same time determining the age of the person receiving the information and the family relationships of those sitting next to him is unrealistic.
      The law does not mean restricting access to sites by list. Restrictions should be on the type of information. How to determine that this or that information falls under the age limit or total prohibition is absolutely unclear. In any case, you cannot solve the problem with black and white lists. Moreover, it is impossible to determine who receives information and whether one of the parents is next to him. It is clear that pressing the “I'm 18+” button clearly does not correspond to the spirit of the law, since here responsibility is shifted to the recipient of information, and the law requires restricting access in principle.
    3. Information disseminated via the Internet has for the most part been removed from the restrictions of the law. It is not marked, therefore, it is impossible to determine its involvement in the forbidden topic.
    4. Access to information should be limited. But who should do this is not always clear, as service providers are clearly out of the picture, and there may not even be access to the Internet.

    We will not touch on measures to restrict access to information in paper form (including wall newspapers), information transmitted via radio and television. In the last two cases, the problem is also unsolvable, but the immensity cannot be grasped - and in the next article we will talk about the possibility of restricting access to information on the Internet, local networks - including affordable wireless ones. And also a little about how to repel the attacks of the prosecutor.

    And the traditional question for attentive readers:

    • Can software be used to comply with legal requirements?

    Due to the fact that this article was originally posted on Habrahabr, but then, at the request of administrators, it was transferred to this resource - a request for those who have already rated it - not to repeat it for the purity of the experiment.

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