The Government of the Russian Federation approved a resolution on the register of prohibited sites

On October 29, 2012, the Prime Minister of the Russian Federation Dmitry Medvedev signed Decree of the Government of the Russian Federation of October 26, 2012 No. 1101 "On a unified automated information system" Unified register of domain names, page indexes of sites in the information and telecommunications network "Internet" and network addresses that allow to identify sites in the information and telecommunications network "Internet" containing information, the distribution of which is prohibited in the Russian Federation", adopted in pursuance of the law on control over information on the network.

The Decree assigns the responsibility for the formation of the Unified Register to Roskomnadzor, however, it is stipulated that the department may involve organization or company registered on the territory of the Russian Federation in accordance with federal law (apparently, in the case of the creation of an operator who must maintain a register of prohibited sites; at the same time, the requirements for the registry operator have been simplified compared to the draft document and now consist of only three points ).

The list of authorized bodies that will be make decisions on the inclusion of certain sites in the register. FSKN will accept decisions regarding information on drugs, Rospotrebnadzor - on the methods of committing suicide and calls for suicide, Roskomnadzor - in relation to children pornography, information falling into any of the above categories, and See also " information disseminated via the Internet", the decision on the prohibition for the distribution of which on the territory of the Russian Federation is adopted authorized bodies or court ". It is worth noting that in the draft resolution proposed by the Ministry of Telecom and Mass Communications, the authority to enter into the register of sites with child pornography, along with Roskomnadzor, had the Ministry of Internal Affairs. In the final document The Ministry of the Interior is not mentioned.

The criteria are still unclear. on which decisions will be made authorized bodies, however, it can be concluded that these decisions - extrajudicial. Moreover, the essence of the prohibitions is such that it is difficult to imagine a judicial appeal against such decisions. Clause 5 of the "Rules" states that Roskomnadzor should establish the criteria for entering the register, but they are not published in the Decree. indicated.

The regulation provides for blocking by " domain name and (or) page index site, as well as the network address ", however, from it it it is still unclear in what cases blocking of the entire domain (subdomain) is carried out, in which - pages, and in which - by IP. Thus, a mechanism is laid for arbitrary solutions, and you can be afraid of blocking access to many completely innocent materials just in the neighborhood.

It also remains unclear whether only those materials that are included will be considered subject to blocking to the Federal List of Extremist Materials precisely as websites or Internet pages, or materials prohibited by law will also fall under the law just like printed editions and posted on the Internet.

Note that the approved Decree does not contain provisions containing a direct ban on abuse against sites that do not violate legislation: no mention of prohibition of censorship, no indication of inadmissibility removal of sites that do not contain prohibited information, and requirements for safeguarding the "legitimate interests" of operators, hosting providers and owners of sites that do not contain prohibited information.

Recall that on October 25, 2012 year, Roskomnadzor announced the temporary procedure for maintaining the Unified Register on the website http://zapret-info.gov.ru/ . Sources

• Decree of October 26, 2012 No. 1101 On the Unified Automated Information System "Unified Register of Domain Names, Site Page Pointers in the Information and Telecommunication Network "Internet" and Network Addresses that Allow to Identify Sites in the Information and Telecommunication Network "Internet" Containing Information, distribution of which is prohibited in the Russian Federation" // Internet portal of the Government of the Russian Federation. 2012. October 26.
• The Government of the Russian Federation approved the procedure for maintaining a "black list" of sites without a provision on the prohibition of censorship // Interfax. 2012. October 30.
• Medvedev approved the procedure for creating a registry of "black lists" of sites // SecurityLab. 2012. October 30.