Нуруллаев Р.Т._summery (1138939), страница 2
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42(4). P. 509-531.27 PDF - Comparative study on blocking, filtering and take-down of illegal internet content (2017) [Electronic Source] // Council ofEurope : site. December 20, 2015. URL: https://edoc.coe.int/en/index.php?controller=get-file&freeid=7289 (access date: June 13, 2018).7intellectual property law: S.A. Babkin, I.A.
Bliznets, V.A. Dozortsev, A.I. Savelyev,A.G. Sergo, S.A. Sudarikov, et al.The empirical framework of the research is provided by the normative acts ofthe Council of Europe, the decisions of the European Court of Human Rights, thenormative acts of the European Union, and the decisions of the Court of Justice of theEuropean Union. The work also examines the laws of the Russian Federation, theUnited States, the United Kingdom, Germany, and France regulating the legal status ofinformation intermediaries as well as relevant law enforcement practice.The thesis research also analyzes the practice of the Supreme Commercial Courtreorganized in 2014, because resolutions it adopted affected greatly further developmentof the regulation of the legal status of information intermediaries.The empirical basis of the work is also formed by the practice of the FederalService for Supervision of Communications, Information Technology, and Mass Media,which supervises the performance of duties of Internet providers in restricting access toillegal information.Purpose and Objectives of the Research.The general purpose of the research is to develop and substantiate theoreticalprovisions on information intermediaries as subjects of the information law.This purpose involves the following objectives:-to study the nature and content of the concept of "informationintermediary", to identify features of types of information intermediaries and ways torank them, to identify the relationship between the concept of "informationintermediary" and related concepts of "website owner", "hosting provider", "informationdissemination organizer", and "telecoms operator";-to determine the content of the legal status of the information intermediary;-to identify trends in the development of activities of informationintermediaries meant to grant access to information;-to analyze the restriction of access to information disseminated in violationof copyright and related rights as well as the right to protect honor, dignity, and businessreputation by information intermediaries, including restrictions of access to web8resources;-to identify ways to balance of rights and legitimate interests of subjects ofthe information law, when information intermediaries restrict access to information;-to define the liability of information intermediaries for using their servicesto disseminate information in violation of copyright and related rights and todisseminate information in violation of the right to honor, dignity, and businessreputation.Due to existence of many types of illegal information in this thesis whenanalyzing rights, duties and liability of information intermediaries in connection withthe use of their services for dissemination of illegal information the main attention willbe paid to two main types of illegal information: information dissemination withinfringement of copyright and related rights and information, the dissemination ofwhich infringes the right to honor, dignity and business reputation.The target of the thesis research includes public relations in exercising rightsand duties of information intermediaries and the liability of information intermediaries,when their services are used to disseminate information in violation of copyright andrelated rights and in violation of the right to honor, dignity, and business reputation.The scope of the research includes the statutory regulation of the legal status ofthe information intermediary as a subject of information law.The scientific novelty of the thesis research is that it is the first Russiancomplex thesis research of the legal status of information intermediaries as subjects ofthe information law.
The work analyzes the term "information intermediary" ascompared to similar terms used in foreign laws, provides a new approach toclassification information intermediaries, identifies the scope of activities ofinformation intermediaries in granting access to information, proposes how to make therestriction of access to information by information intermediaries proportionate, andreveals models of legal regulation of the liability of information intermediaries,when their services are used to disseminate information that violates the right to honor,dignity, and business reputation.This work develops theoretical provisions of the information law science in the9following areas: subjects of the information law, the right to access information and itslimitations, and legal protection of intellectual property items in the informationdomain.Having studied Russian laws and law enforcement practice and having made acomparative legal analysis of foreign normative legal acts and law enforcement practice,the author of the thesis made suggestions on how to develop Russian laws in regulatingthe legal status of information intermediaries.The methodological framework of the research is provided by both general andspecific scientific research methods: systemic (studying the information intermediary asa whole entity), historical (studying the history of the regulation of rights, duties, andliability of information intermediaries), functional (studying information intermediariesin view of their functions performed to transfer, store, and grant access to information),formalisticlegal(studyingtheconceptof"informationintermediary"andits relationship with the other associated concepts), and comparative legal approach(analyzing the regulation of the legal status of information intermediaries in Russianlaws as compared to regulation in the US and the European Union).The theoretical relevance of the research is that the provisions of the thesisresearch generalize and expand the expertise of the information law on the legal statusof information intermediaries, including their rights, duties, and liability.
Theconclusions and proposals made can serve as a basis for subsequent scientificresearches in this field.Practical Relevance of the Work. The provisions defined in the thesis can beused to develop laws regulating rights, duties, and liability of information intermediariesand relevant law enforcement practice.Propositions to Be Defended:1.It has been established that the current legislative classification ofinformation intermediaries makes it difficult to determine which class a certaininformation intermediary belongs to and does not include certain types of informationintermediaries (information intermediaries engaged in information search andinformation intermediaries engaged in caching).10In this respect, the thesis proposes the classification of information intermediariesbased on activities performed by information intermediaries.
Such classificationincludes the following types of information intermediaries: information intermediariestransferringinformation and providingintermediariesengagedinaccesstocaching; informationinformation; informationintermediariesstoringinformation provided by users; and information intermediaries engaged in informationsearch.It is expected that this classification will help to regulate rights, duties andliability of information intermediaries in a more accurate and balanced mannerdepending on specific activities they perform.2.The thesis revealed that in relation to restricting access to illegalinformation by information intermediaries there are the following approaches:introduction of legal rights and obligations for information intermediaries in relation torestricting access to illegal information and self-regulation whereby informationintermediaries voluntarily undertake to restrict access to illegal information.Within the first approach there are two ways of regulating restriction of access toillegal information: imposition of an obligation on information intermediaries to restrictaccess to illegal information and introduction of a right to restrict access to illegalinformation.
In the latter case if an information intermediary uses this right and restrictsaccess to illegal information its liability for dissemination of illegal information may belimited.It is suggested that self-regulation allows information intermediaries to choose themethods of restricting access to information which in the best way correspond to thecircumstances and activities of the information intermediaries.3.It has been established that there are centralized and decentralized modelsof regulating the procedure for restricting access to illegal information by informationintermediaries. The centralized model of regulating the restriction of access to illegalinformation commonly uses a unified register that contains data on information to beaccessible with restrictions, the duty to restrict access to certain illegal information willarise for all information intermediaries providing Internet access, simultaneously.
When11the decentralized model is used, each particular information intermediary is required torestrict access to information, no unified register is generally used.It is suggested that the centralized model is more effective in restricting access toillegal information with rights of third-party website owners, access to which may beunintentionally restricted, protected, and all information intermediaries leveled.However, to do so, when the centralized model is implemented, it should be madepossible for information intermediaries to use restriction methods that match resourcesavailable to each particular information intermediary.4.It has been established that the enforceability of rights of subjects affectedby the restriction of access to information by informational intermediaries (websiteowners, Internet users, individuals initiating access restriction, and informationintermediaries themselves) depends on technological means chosen to restrict access toinformation.The enforceability of rights of stakeholders depends on the efficiency, selectivityand cost of technological means to restrict access to information.
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