July 16, 2010 Central District Court Komsomolsk-on-Amur obliged the local provider LLC "RA RTS Rosnet" close access to multiple content servers by adding on the edge router rules for filtering the IP addresses of these sites, motivating this by the fact that that they contain extremist materials.
On four of the five banned servers, the city prosecutor discovered the forbidden book of Adolf Hitler "Mein Kampf": these were network libraries http://thelib.ru/ , http://www.zhurnal.ru/ and lib.rus.ec (erroneously named http://lib.rus/ in the court decision ), as well as http://web .archive.org/ - mechanical archive of all indexed sites for many years. In addition, it was decided to close access to http://www.youtube.com/ for the video "Russia for Russians" posted there, previously included in the Federal List of Extremist Materials .
July 28 of the same year, LLC "RA RTS Rosnet" filed an appeal.
We want to pay attention to the following arguments providers mentioned in the complaint:
In the Federal Law "On countering extremist activities" there is no indication that the provider providing the services communications, is responsible for the content. According to the provider, the defendant such claims should be made by the hosting provider providing the technical the possibility of posting certain materials on the Internet.
The provider refers to part 3 of article 17 of the Federal Law "On information, information technology and information protection", where states that civil liability for the distribution of prohibited information is not carried by the person providing services for the transfer of information, provided by another person, provided that it is transferred without modification and fixes.
The decision of the court does not specify a time limit for termination. access to the specified sites, nor specific IP addresses, which leads to a violation of par. 4 tbsp. 29 of the Constitution of the Russian Federation (the right to information), since at these addresses there are many other sites that do not contain extremist materials. This is what Alla Zabrovskaya, director of Google PR (owner of Youtube) in Russia.
The provider indicates what the prosecutor required restrict access to certain pages of websites, and the court restricted access to entire domains.
It should be noted that this decision of the court is not only unlawful, but and pointless: as Internet expert Anton Nosik said, the ban on access to IP addresses can be bypassed with using proxy servers.
This is not the first time due to any one material the whole resource suffers at once, the most striking example of this was the unlawful recognition of an entire section of Moshkov's online library as extremist. Practice requirements for providers to completely block access to sites that are not recognized extremist court decision, but containing extremist materials, quite wide. The current decision stands out from the general background with its scale and demonstrates technical illiteracy of court and prosecutor's office workers.
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