Website blocking in Russia: recent trends
The article analyses Russian regulation and implementation of website blocking in copyright cases. In Russia, right holders can apply for preliminary website blocking injunctions which allow to restrict access to websites used to commit copyright infringements. This gives right holders time to submit a claim against the website operator or hosting provider. In addition, the Russian parliament recently introduced permanent website blocking that can be used against websites which repeatedly infringe copyright.
The article looks into the main trends related to website blocking in Russia: implementation of permanent website blocking, overblocking and lack of proportionality, difficulty to appeal website blocking decisions and the emerging practice of preventive website blocking.
When analysing the Russian developments the article puts them into context with the practices in the EU and UK.
In this article the author proposes to formulate conditions which could justify legality of website blocking in the context of combatting copyright infringements. After analyzing foreign practices the author suggests criteria which could be used to assess the efficiency of website blocking. The author also looks into the correlation between website blocking, the users’ right to receive and impart information and the service providers’ freedom to conduct business.
On 2 July 2013, the Russian legislature adopted the first Russian law which specifically addresses the issue of online copyright enforcement (Anti-piracy Law).
The new Anti-piracy Law introduced three groups of legal mechanisms aimed at preventing online copyright infringements: (1) a website blocking regime, (2) liability of information intermediaries, and (3) safe harbors for information intermediaries.
(1) Under the new website blocking regime, a person who owns the rights to a film can apply to the Moscow City Court for an interim injunction in order to force Internet service providers to remove infringing content or block access to a website, which is allegedly involved in copyright infringing activity.
(2) The Anti-piracy Law introduces the legal term "information intermediary" without providing a clear definition. Instead, the law identifies several types of activity which could make a person an "information intermediary": transmission of content over the Internet; content hosting; offering access to content made available online; and hosting of information which is necessary to access content online.
(3) Some of these information intermediaries are able to claim safe harbors if they comply with certain requirements.
These mechanisms are similar to copyright enforcement frameworks contained in the Digital Millennium Copyright Act and E-Commerce Directive. However, the Anti-piracy Law represents one of the first steps toward Internet copyright enforcement in the Russian Federation.
The article is devoted to a particular form of freedom of assembly — the right to counter-demonstrate. The author underlines the value of this right as an element of democratic society, but also acknowledges the risk of violent actions among participants of opposing demonstrations. Due to this risk, the government may adopt adequate measures restricting the right to counter-demonstrate, certain types of which are analyzed in this paper.
Development of standards of international controllability is reviewed in the article. Institutional approach is applied to development of international legal regime of Energy Charter. Definition of controllability is connected to development of international standards of dispute settlement, which are described in the article in detail. In connection with controllability, Russian interest, defense of investment in European Union and ecological investment encouragement, is reviewed in the article.
мировое управление и управляемость, Мировая экономика, международное экономическое право, энергетическая хартия, International control and controllability, International economics, international economic law, Energy Charter
международное частное право; недвижимость; ; школа бартолистов; бартолисты; теория статутов; статуарная теория/