Нуруллаев Р.Т._summery (1138939), страница 3
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For example, highefficiency (if the accessibility of blocked information is heavily constrained) helps toprotect individuals, whose rights are violated when illegal information is disseminated,to the fullest extent. High selectivity (absence of consequential restriction of access tothird-party information) facilitates the right to access and disseminate information ofInternetusersandwebsiteowners.High cost restrictsbusinessfreedom ofinformation intermediaries. Some technological means of restricting access toinformation (in particular, packet inspection) can also pose risks to Internet users'rights to personal privacy and personal data protection.5.It is proposed to meet certain conditions to ensure proportionality ofrestriction of access to information, including the following: the obligation to restrictaccess to information may only be imposed on information intermediaries, if theirservices are used by other individuals to disseminate illegal information; measures torestrict access to information should be effective (make access to illegal informationsubstantially more difficult or impossible); information intermediaries may not beobliged to generally monitor illegal information (actively search for facts of12dissemination of illegal information); in restricting access to illegal information dueconsideration should be given to harm such information causes; access restrictionshould not cause undue restriction of access to third-party information allowed fordissemination; when restricting access to information, rights to judicial protection of allstakeholders should be ensured.6.The conditions have been defined to hold informational intermediariesliable for the dissemination of illegal information by third parties via services ofinformation intermediaries.
An information intermediary may be held liable for thedissemination of illegal information by third parties via its services, if the informationinterferes in the process of transmission or storage of information or, the informationintermediary does not interfere in the process of transmission or storage of information,it may and is able to stop or restrict the dissemination of illegal information, but fails todo so. In this respect, the burden of proving facts to held the information intermediaryliable should lie on the claimant.7.It has been established that conditions to limit the liability of informationintermediaries for violating copyright and related rights should be consistent withactivities the information intermediary performs and should balance the rights andlegitimate interests of information intermediaries, website owners, Internet users, andrightholders.In the Russian Federation, the regulation of conditions limiting the liability ofinformation intermediaries for violating copyright and related rights does not complywith these principles: some types of information intermediaries do not formally enjoyliability limitation (information intermediaries providing access to information andinformation intermediaries engaged in caching), conditions limiting the liability ofInternet access providers do not quite correspond to their activities (informationintermediaries should not be aware of the dissemination of information in violation ofcopyright and related rights, and even if they do, information intermediaries of this typecannot stop the offense).
In this regard, in this work it is suggested to introducelimitation of liability for all types of information intermediaries under the conditionscorresponding to activities they perform.138.It has been established that there are three models of legal regulation oflimited liability of information intermediaries, when their services are used todisseminate information that violates the right to honor, dignity, and business reputation:absolutelimitationof liabilityof informationintermediaries (typicaloftheUSA); limitation of liability with no interference in the posting of information anddeletion of or restriction of access to such information upon receipt of a notificationfrom a stakeholder (typical of the UK, other EU countries, and the RussianFederation); and limitation of liability with active search for and deletion of suchinformation (model proposed by the European Court of Human Rights).It is suggested that the second model is the most balanced one and allows to takeinto account rights and legitimate interests of information intermediaries and personswhose rights are curtailed by dissemination of illegal information.9.Having analyzed the regulation of liability of information intermediaries,when their services are used to disseminate various types of illegal information, theauthor concluded that there was a need for a unified approach to hold informationintermediaries liable regardless of the type of illegal information.
Such approach shouldbuild on the inadmissibility of obligating information intermediaries to actively searchfor and delete illegal information and should enable information intermediaries to limittheir liability, if they do not interfere with information transfer and take measures todelete or restrict access to illegal information upon receipt of a notification from astakeholder.Reliability and Evaluation of Results of the Thesis Research.
Theoreticalprovisions and conclusions in this thesis were examined and approved at anextended meeting of the UNESCO Chair in Copyright and Other Intellectual PropertyRights (Research Guidance Center) of the NRU Higher School of Economics.The results and conclusions of the research were mentioned in articles publishedin Russian and foreign peer-reviewed journals28, including journals recommended by28 Nurullaev, R.T.
Justification of the Need to Regulate Copyright on the Internet [Obosnovaniye neobkhodimosti regulirovaniyaavtorskikh prav v Internete] // Works of the Institute of State and Law of the Russian Academy of Sciences. 2013. No. 5. P. 91-101;Nurullaev, R. New Legislation on Online Copyright Enforcement in Russia // Law.
Journal of Higher School of Economics. 2013. P. 3646; Nurullaev, R.T. Restriction of Access to Internet Resources as a New Way of Combating Copyright Violations [Ogranivheniye14the Supreme Attestation Commission under the Ministry of Education and Science ofthe Russian Federation. The provisions of the thesis research were discussed at Russianand foreign scientific conferences and workshops, including-IV International Research-to-Practice Conference Law in the Digital Era,2014, NRU HSE, Moscow, report entitled Restricting Access to Websites as a New Toolfor Combating Copyright Violations on the Internet;-V International Research-to-Practice Conference Law in the Digital Era,2015, NRU HSE, Moscow, report entitled Differences in the Regulation of the "Right toBe Forgotten" in the Russian Federation and the European Union;-VI International ResWearch-to-Practice Conference - Law in the DigitalEra, 2016, NRU HSE, Moscow, report entitled Trends in Restricting Access to Websitesfor Copyright Protection: the Experience of Russia and the EU;-Research seminar, 2015, NRU HSE, Moscow, report entitled Features ofLimited Liability of Internet Service Providers for Copyright Violations;-Research seminar, 2016, NRU HSE, Moscow, report entitled The "Right toBe Forgotten" in Russia and Abroad: Privacy Protection Vs.
the Right to Information;-Research-to-Practice Conference European Policy for Intellectual Property2016, Oxford University, the United Kingdom, report entitled: Website Blocking forCopyright Infringements in Russia: Comparison with US and EU Approach;-Research-to-Practice ConferenceTILTing perspectives2017:Regulating a connected world, 2017, Tilburg University, the Netherlands, reportentitled: Website blocking in copyright cases: Russia’s Experience;-Research-to-Practice Conference Congress Legal Aspects of Data Science,2018, Tilburg University, the Netherlands, report entitled: Data localisation measuresand their impacts on data science.Some provisions of the thesis were used during lectures and practical sessions indostupa k internet-resursam kak noviy sposob protivodeystviya narusheniyam avtorskikh prav] // Works of the Institute of State and Lawof the Russian Academy of Sciences.
2015. No. 2. P. 171-181; Nurullaev, R. The Right to Be Forgotten in the European Union andRussia: Comparison and Criticism / NRU Higher School of Economics. Series LAW "Law". 2015. No. WP BRP 54/LAW/2015;Nurullaev, R. Right to Be Forgotten in the European Union and Russia: Comparison and Criticism // Law. Journal of Higher School ofEconomics. 2015.
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