Нуруллаев Р.Т._summery (1138939), страница 4
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No. 3. P. 181-193; Nurullaev, R. Website blocking in Russia: recent trends // Computer Law & Security Review. 2017.Vol. 33. No. 2. P. 211-222.15NRU Higher School of Economics in master's program Information Technology andIntellectual Property Law (formerly known as Legal Informatics) in subjects Copyrightin the Digital Era in 2014, Intellectual Property Law in the Digital Era in 2015 to2017, and Acquisitions of Information Technology Assets in 2014 to 2017 as well as inthe International Cyberlaw Summer Schools in 2012 and 2014 to 2017 arranged by theInternational Laboratory for Information Technology and Intellectual Property Law(formerly known as the Research and Training Laboratory of the information law) ofNRU Higher School of Economics.The author also used the conclusions and approaches set out in the thesisresearch, when he was employed as a legal counsel with the legal department of YandexLLC, to assess legal risks associated with the provision of Internet services and toanalyze draft laws meant to regulate rights, duties, and liability of informationintermediaries.The structure of the thesis corresponds to its subject, purpose, and objectives:an introduction, three chapters (the first chapter consists of three sections, the secondchapter contains four sections, and the third chapter contains two sections), aconclusion, and references.16SUMMARY OF THE THESISThe introduction explains the relevance of the research topic, the degree of itsdevelopment in national and foreign literature, specifies the subject and purposes of theresearch, outlines the objectives of the research, defines the object, the subject and themethodology of the research, substantiates the scientific novelty of propositions beingdefended, explains the theoretical and practical relevance of the research, and providesdetails of how the research findings were appraised.The first chapter entitled Information Intermediary Concept reviews theapproaches to defining the term "information intermediary", the classification ofinformation intermediaries, and the approaches to regulating the legal status ofinformation intermediaries.The first section of the first chapter entitled Definitions of the InformationIntermediary in Russian and Foreign Law provides a comparative legal analysis ofthe approaches to defining the term "information intermediary" in the US, EU andRussian law and identifies how this term relates to the other adjacent terms.
TheUS and EU law uses the term "provider" (service provider, provider of interactivecomputer service in the US and provider of information society service in the EU)insteadof"informationintermediary",whichmeansindividuals engagedinintermediary activities related to the transfer of, storage of, or provision of access toinformation. In addition to the above, the EU specifies additional criteria to be met byproviders (services provided remotely, for a fee, by electronic means and tailor-made),however in practice these criteria are interpreted restrictively. Russian law uses the term"information intermediary".
The comparative legal analysis identified features inherentin information intermediaries as subjects of the information law.The second section of the first chapter entitled Types of InformationIntermediaries and Their Classification examines various approaches to theclassification of information intermediaries.
This analysis suggests that informationintermediaries are classified based on specific activities related to the transfer of,storage of, or provision of access to information they perform. The classification of17information intermediaries is the best way to regulate rights, duties and liability ofinformation intermediaries with their services being used to disseminate illegalinformation. However, the classification of information intermediaries stipulated in theRussian law is controversial and makes it possible to rank information intermediariesconducting one activity (transfer of / provision of access to information) differently.Besides, the classification of information intermediaries in the Russian law disregardscertain types of information intermediaries (information intermediaries engaged incaching and operating system operators).
Therefore, this section proposes a newclassification of information intermediaries, which, according to the author, may help toeliminate the shortcomings identified.The third section of the first chapter entitled Legal Status of InformationIntermediaries establishes that information intermediaries are subjects of theinformation law and identifies various approaches to regulating the legal status ofinformation intermediaries. The information intermediary is a subject of the informationlaw, because its specific features make it a holder of subjective legal rights andobligations and it can develop and express its personalized will.
Besides, there arelegal norms governing activities of information intermediaries. The legal status ofinformation intermediaries as subjects of the information law is regulated through thedefinition of their rights, duties, and liability related to their services used to disseminateillegal information. Depending on the scope of rights, duties, and legal accountability ofinformational intermediaries, one can identify countries, which charge informationintermediaries with more duties related to their activities, where informationintermediaries are easier to prosecute, and countries, which charge informationintermediaries with fewer duties, where information intermediaries are harder toprosecute. The differences in approaches to regulating the legal status of informationintermediaries create competition between countries, and information intermediaries canchoose a country with more favorable regulation to perform their activities with lowertransaction costs stipulated to meet the requirements of applicable laws.The second chapter entitled Role of Information Intermediaries in Providingand Restricting Access to Information analyzes activities of information18intermediaries in providing access to information and information intermediariesdeleting and restricting access to information.The first section of the second chapter entitled Activities of InformationIntermediaries in Providing Access to Information outlines that activities ofinformation intermediaries in providing access to information include: making itpossible to obtain information and use it, i.e.
providing the very access to information;determining the amount of available information; regulating information accessconditions; and determining the procedure for providing information. At the same time,it reveals the trend of enhanced interventions of information intermediaries in accessprovision,transferandstorageofinformation.Besides,itconcludesthat sometimes information intermediaries become obligated to provide access toinformation. Such duty may be stipulated by communication laws, consumer protectionlaws, and competition laws.The second section of the second chapter entitled Restricting Access toInformation by Information Intermediaries examines the regulation of restrictingaccess to information by information intermediaries and relationship between the choiceof technological means to restrict access to information and the possibility to exerciserights of subjects of the information law.
The analysis of technological means ofrestricting access to information by information intermediaries suggests that theefficiency, selectivity and cost of technological means of restricting access toinformation make rights of information intermediaries, website owners, Internet usersand individuals, in whose interests access to information is restricted, exercisable. At thesame time, any technological means of restricting access to information are risky asthey may limit rights of a particular subject of the information law. This matter isaddressed in the next section of the thesis.In the third section of the second chapter entitled The Role of Public Bodiesin Limitation of Access to Information by Information Intermediaries a conclusionis made that depending on the regulation of restricting access to information two modelscan be observed: centralized and decentralized models of regulation of restricting accessto information.
The role of public bodies in restricting access to information varies19depending on the model used and may include: identifying types of information to beaccessed with restrictions, managing the restriction of access to information, andinitiating the restriction of access to information on control in information accessrestriction.The fourth section of the second chapter entitled Balancing Rights andLegitimate Interests of Subjects of the Information Law in Restricting Access toInformation by Information Intermediaries is based on the analysis of Russian, USand EU laws, respective law enforcement practice, rulings of the European Court ofHuman Rights as well as works of Russian and foreign scholars and proposes a numberof measures, which can contribute to balancing rights and legitimate interests ofsubjects of the information law in restricting access to information by informationintermediaries.The third chapter entitled Liability of Information Intermediaries for theDissemination of Certain Types of Information analyzes the liability of informationintermediaries for their services used to disseminate information in violation ofcopyright and related rights as well as the right to protect honor, dignity, and businessreputation.The first section of the third chapter entitled Liability of InformationIntermediaries for Violating Copyright and Related Rights suggests a comparativelegal analysis of the liability of information intermediaries for violating copyright andrelated rights in the US, English, and Russian law.
It establishes that special regulatorylegal acts have been adopted or special court practice has been developed implying thatinformation intermediaries, when they do their business, do not use results ofintellectual activity, to regulate the liability of information intermediaries for theirservices used to disseminate information in violation of copyright and related rights. Forexample, the US apply a secondary liability doctrine (contributory and vicariousliability), the UK applies the doctrine of authorization and joint tortfeasorship. Both USand English laws also limit the liability of all information intermediaries with limitationconditions depending on how much information intermediaries interfere withinformation transfer and what measures they take to combat violations of copyright and20related rights subject to the options they have.
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