Maxim Ali explains the new amendments to the law on information

IT magazine Sodeistviye has published an article titled ‘What’s the future for IP anonymizers and VPNs?’, which considers the potential consequences resulting from the new amendments to the law ‘On information, information technology and data protection’.  The amendments will provide for a ban on the use of information systems and programmes which allow users access to sites blocked in Russia.

Senior Associate at Maxima Legal, Maxim Ali, who specialises in IP/IT matters, comments that the law contains very vague wording which provides for what constitutes a programme or function for getting around any blocks.  The only criteria used to determine whether a product can be used for blocking is that it enables access to material restricted in Russia.  Maxim considers that such an approach can present a host of practical challenges, as the definition is extremely broad and could cover a significant number of products that are currently available.

“Unfortunately the current approach for the past three to four years has been typical for legislation on regulating the internet.  The legislators increasingly favour a broad wording, suggesting that it is more important to pass the law now than to be concerned with its improvement.  The result of which is that the courts or Roskomnadzor must decide for themselves how to apply the law or its ambiguous provisions, which inevitability creates unpredictable risks for participants in the internet market.

“It is interesting that the uncertainty for internet companies can continue even after the passing of the legislation.  The method for searching by Roskomnadzor of programmes for the bypassing of blocks will be approved by them independently (after the law has been passed), as well as the procedure for its interaction with the owner of such programmes and search engines. This can also be a reason for extremely one-sided regulation of this field”, comments Maxim.
For the full version of the article (in Russian), please see the following link.