11:59 "Law 404" is not so terrible as he is painted | |
| January 20 President of Ukraine signed the Law on Amendments and Supplements to Some Legislative Acts of Ukraine on combating the spread of child pornography, which stepped into force on 9 February, after it was published in the newspaper Golos Ukrainy. This is the result of many months of fighting for common sense. Correspondents «The Domain Times» decided to look at the real meaning of the provisions of the so-called law "404", and also to track changes in various editions of the bill № «3271", which has caused a stir in the online community of Ukraine. It all began on October 22, when the Verkhovna Rada passed bill number 3271, which immediately provoked a violent reaction of the public Internet, which became a suspect in the desire of its founders to establish an all-out spying on users Uanet. The law was immediately called "Law 404". Firstly, because of the bill on first reading vote 404 deputies, and secondly, the 404 - this is a server error "page not found". Of course, against the changes advocated active providers of Internet access. In particular, the Ukrainian Internet Association sent an open letter to the leadership of the Verkhovna Rada (VR) to support the changes it had prepared a second reading of bill number 3271 on combating the spread of child pornography and the decline in the second reading of bill number 1340. The main problem was that the version of the bill prepared for the first and even second reading, does not hold water. Some of the terms mentioned in it, generally does not spelled out in the legislation of Ukraine. For example, one of the amendments to the bill committed the consumers of telecommunications services "to be made aware of the telecommunications providers discovered in the information and telecommunication systems, including the Internet, information related to violence, pornography, intellectual property infringement." But this amendment was not accepted. Because the legislation of Ukraine establishes liability only for concealment of serious and very serious crimes. It, the legislation imposes the function to ensure law enforcement functions (yes, that's right, this is not a tautology) for law enforcement agencies, and not for communications providers. And thirdly, imposing certain obligations on the consumer without a determination of liability for failure to perform those obligations does not create the appropriate legal consequences. Another problematic amendment committed the providers of communications "to store information about all the connections on your client with the resources to which access is granted the specified provider." In addition, "In case of violation by the client of Ukrainian legislation, including product distribution of a pornographic nature involving children, telecommunications providers are obliged to inform the police." In other words, providers would be required to store all the information on the presence of any of its user on the Internet. Web site addresses, IP-addresses, the transition direction, committed users - all of this would have to keep service providers (for an indefinite period of time). And this amendment has been pared down to: "operators, telecommunications providers store and provide information about the connections of its subscribers in the manner prescribed by law." So now reads the latest version of the project (from 04/12/2009) Part 2 of Art. 39 of the Law on Telecommunications. And here there is no contradiction with the current Ukrainian legislation. The second part of Article 32 of the Constitution allows you to collect, store, use and disseminate private information about a person without his consent in the cases determined by law, in the interests of national security, economic prosperity and human rights. It is important, just that now limit customers to resources is possible only by court order. Earlier, in a previous reading of the law (or rather, bill number 3271) the restriction of access could be used upon request of law enforcement. Moreover, specific evidence that the particular user is seeking access to child pornography, was not required. It was also agreed that the distribution of child pornography will be punishable with imprisonment for a term of five to ten years. Naturally, with confiscation of both the products and equipment through which the products are manufactured. In general, adopted the "Law 404" in its present form is really no longer a threat (at least explicit) for the rights and freedoms of law-abiding citizens of Ukraine. As a bonus, the table below shows (in Ukrainian.) Comparison corrections bill number 3271 in all three readings + the latest version of the Act. | |
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