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Category: Enforcement

Refusal to delete information from internet can entail a real prison term in Russia

The Russian legislator intends to make punishment for ignoring the law, obliging the person to delete certain information from the web-site or web-resource under the court order, harder. There are two proposed laws – one proposes amendments to Russian criminal law and the other proposes amendments to Russian administrative law.

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Rules for designation of agent for safe harbor protection

Under the Digital Millennium Copyright Act (‘‘DMCA’’), the U.S. Copyright Office is required to maintain a ‘‘current directory’’ of agents that have been designated by online service providers to receive notifications of claimed infringement. Since the DMCA’s enactment in 1998, online service providers have designated agents with the Copyright Office using the Office’s or their own paper form, and the Office has made scanned copies these filings available to the public by posting them on the Office’s Web site.

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Sometimes Russian Roskomnadzor, but not the court, decides whether there is copyright infringement

Russian social network Vkontakte is Russian Facebook. It is very popular. Many people use it every day. This social network allows its users to upload a video and music, share this content. Other users can not only listen or watch music or video, they can also download it thanks to different apps or special web-sites.

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Russian Kremlin endorsed repeal of criminal penalties for reposts in internet

Russian deputies proposed to abolish criminal liability for reposts or sharing of extremist publications or materials in World Wide Web. Some people just make reposts of information published mostly in social networks and as a consequence bear criminal liability because technically under current Russian law it is dissemination of prohibited information. Russian Kremlin upheld this idea.

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Now search engines are not allowed to search prohibited information in Russian segment of internet

The new law has been signed by Russian president. Under new law if search engine fails to connect to the federal data bases, containing the list of web-sites which is blocked in Russia, the search engine is to be imposed a penalty. In a case of natural person the penalty is up to 5 thousands Roubles, and in a case of legal entity the penalty is up to 700 thousands Roubles.

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Supreme Court made involvement of person, whose web-site can be blocked, mandatory in consideration of case

Current law provides special list of information prohibited for dissemination in Russia. If such information is disseminated through the web-site, the access to such web-site can be restricted and even if the owner or operator of such web-site is not aware thereof. So the owner or operator of web-site can face just notification that the access to his web-site is restricted in Russia. Such practice of web-sites blocking is common in Russia.

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What annual complaints book by Russian business proposes for IP industry?

Each year the Russian business ombudsman publishes the book of complaints – the collection of problems identified by Russian business. Each industry identifies certain problems and business ombudsman proposes solutions. The intellectual property is no exception. What complaints and what solutions?

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Experts disliked Russian RKN’s draft order on web-site identification for blocking purposes

Experts from Russian government believes Russian internet watchdog Roskomnadzor extends its authority by means of proposed draft order. They believe the draft order is to be rewritten; the draft provides Roskomnadzor with authority to restrict access to any web-site at its own discretion. But Roskomnadzor believes it has proposed the suitable draft of order – it is necessary to fix failures made by courts in their decisions and other documents made by relevant authorities or officers.

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