An information telecommunication network is openly available. Telecommunication systems of russia

An information and telecommunication network is a set of methods and technologies used to obtain the necessary information that is capable of ensuring the activities of the company, as well as satisfying the personal needs of users. It is important to understand that the qualitative characteristics of the information received, that is, its reliability, volume, relevance and other characteristics, often depend on the owner of the information product, and not on the computer network.

Information and users

An information and telecommunications network is a collection of resources that face one important problem - information content. The development of the global infrastructure makes it more and more relevant, because the many subnets and data sets make the process of serving each user very complicated. The use of information and telecommunication networks requires a high quality of information that is supplied to them, as well as a high-class comprehensive user service, high-quality equipment. An important point also applies to search engines, which often do not correspond to the advertised opportunities.

Practice shows that even trained users are not able to fully assess the parameters of the systems presented. Quite often, those systems that have become known thanks to advertising, in fact, turn out to be not so effective, since in these cases the main part of the efforts of manufacturers is directed specifically at advertising promotion, and the quality problems of the supplied software go into the background.

Types of information and telecommunication networks

There are two individual class telecommunication networks: universal and specialized. The characteristics of the versatile systems are high cost and wide coverage. In specialized systems, all possible information is missing, therefore, their cost is lower. It is important to understand that the number of documents included in advertising brochures does not always indicate the completeness and advantage of the purchased system. Quite often, full texts of documents are replaced by short library cards. If an information and telecommunication network is being created, this necessitates the attraction of certain funds. At the same time, a company-supplier of products is selected that offers: the most convenient conditions for payments, low cost, technology for updating, a service system under a guarantee, documents that indicate the possibility of selling.

Foreign telecommunication networks

The use of information and telecommunication networks presupposes the presence of several different types who became the progenitors of one single. That is, it presupposes a certain evolutionary process, the result of which was the emergence of the Internet known to the whole world.

ARPANET - for 15 years was the most developed global network connecting computers. On the this moment it represents one of the largest subnets on the Internet. The main reference point of this complex is taken on tasks related to research activities.

INTERNET

INTERNET is the largest information and telecommunication network. Its definition as global is due to the fact that it covers every corner of the globe. There are more than 30 million people here as users, and this figure is increasing every year. Here at the moment all the services that are typical for public information and telecommunication networks are presented. The US National Science Foundation provides support and funding for most of the Internet, which is focused on solving educational and research problems. For these purposes, several specialized subnets are presented here:

NSFnet is hierarchical and concentrated around major university centers in the United States of America;

Milnet is a network owned by the US Department of Defense;

NASA Science Internet (NSI) - this information and telecommunications network is a collection of several computer networks engaged in space research, space physics, as well as other areas of a scientific nature, which are united into a common global inter-network.

BITNET

BITNET, like the Internet, is one of the oldest global networks. It provides online access to a research nature. Bitnet has several regional parts:

Central and Western Europe - EARN; this includes computers from research centers in England, France, Germany, Italy and other countries;

Canada - NetNorth.

EVnet is the largest in Europe and was launched in 1982. This information and telecommunications network is an extensive structure that has regional offices in all European countries, as well as in the Baltic States and Russia.

Fidonet is a youth network for informal communication.

Russian telecommunication networks

The use of information and telecommunication networks occurs everywhere, and in Russia they were formed on the basis of industry networks. Not so long ago, their task was to create databases and electronic communications to provide access to them. Therefore, these two areas information activities on Russian territory and now are practically not delineated. At the moment, there are three closed systems, which have become the main ones: the network of the Presidential Administration, which has become a union of the constituent entities of the Russian Federation, all bodies and ministries of legislative and executive power; network "Atlas" - the totality of the banking network and state authorities; PIENet network of Research Center "Kontur" FAPSI. All of these networks are designed for special needs and are not available to ordinary users.

Industry networks

When in the 90s of the last century on the territory of the former USSR there was a disintegration old system economic management, many enterprises were faced with the fact that they lacked information of a business nature. It was at this time that the business in the field of information and intermediary services flourished. The collapse of the familiar system gave an impetus for attracting financial resources and the formation of a commercial infrastructure of an information nature. It was then that many industry networks served as the basis for the formation of commercial organizations providing telecommunications services.

Basis for business development

At that moment, many companies from abroad entered the Russian market in order to form such a development tool as an information and telecommunications network. Foreign representatives had a notion of how this should work, because many networks and subnets have been functioning quite successfully there for many years. It was then that specialized systems were formed to provide access to the international level: Sprint, BizLink, Infonet, PIENet, GTS interlinc, Infotel. They were created by forces on the basis of foreign equipment and technologies. Now they have become part of the Internet information and telecommunications network.

Development of telecommunications and networks

At the moment, the development of the industry all over the world is carried out at a rapid pace. If we talk about compliance with the law, then an information and telecommunications network is a technological system designed to broadcast information over communication lines. Access to information can be carried out only on condition of using computer technology. Data transmission via the Internet information and telecommunications network is carried out without restrictions, provided that the requirements of federal laws for the dissemination of information and protection intellectual property are strictly observed. At the moment, many companies, both in Russia and around the world, are engaged in the development of networks for world, federal, regional, corporate purposes, and also supply high-quality technological equipment to enterprises participating in the networks, manufactured in full compliance with television and communication standards.

From the point of view of informatics, a computer network as a prototype of an information and telecommunication network is a single complex that includes a geographically distributed system of computers and their terminals, united in unified system communication means using switching equipment, software and protocols for transmitting (receiving) information, as well as solving information, management, computing and / or other tasks (34, 464).

In the above definition, the following features of a computer network can be distinguished, each of them characterizes one of the important aspects of a computer network:

1) the functional purpose of any computer network is associated with transmission and reception information;
2) the network is computing system (terminals), with the help of which information is processed and prepared for transmission to the user;
3) the transmission of messages and information (information) is provided switching equipment, software and technological protocols (a set of rules governing the format and procedures for the exchange of information between users).

Gradually, the information, technical, technological and switching properties of the network evolved into a more compact name and transformed it into the concept of "information and telecommunications network".

The highlighted features and signs were used by the legislator when formulating the definition of the concept contained in Art. 2 of the Law "On Information", in accordance with which an information and telecommunications network is defined as a technological system designed to transmit information over communication lines, access to which is carried out using computer technology.

The first feature of the concept under consideration is high-tech property information and telecommunication network. The legislator highlighted the technological nature of the network and at the same time emphasized that this system consists of the elements included in its composition: computing and software tools, technical channels telephone communication and a subsystem of access to them (switching equipment).

Consequently, the composition of the information and telecommunications network must necessarily include three elements:

Computer Engineering, i.e. computers;
telephone communication channels;
system of access to communication channels (switching equipment and regulations for their use).

The access system is determined by the corresponding conditions (possibility) of obtaining information or familiarizing with it. Such conditions are determined by the mode of access or a set of conditions organizational, legal and technical character. Their composition may include, in relation to the specific conditions of the functioning of the information and telecommunications network, various rules and actions aimed at the possibility of familiarization, transmission and receipt of information, including actions on the use of technical means. On the contrary, such rules and actions can be aimed at protecting information on the network, i.e. obstruction of access or receipt of information. In other words, access is always a combination of software and hardware, switching equipment, as well as rules and actions (measures) that determine the capabilities of a network user, i.e. legally established composition, which has important legal significance.

The orders of the Ministry of Telecom and Mass Communications of the Russian Federation establish the rules for the use of communication facilities used to provide access to information and telecommunication networks. For example, the Order of the Ministry of Telecom and Mass Communications of the Russian Federation dated 11.12.2006 No. 166 approved the Rules for the Use of Communication Means Used to Provide Access to Information of Information and Telecommunication Networks, Transmission of Messages by E-mail and Facsimile Messages, which contain requirements for communication means used to provide access to information. - telecommunication networks, transmission of messages by e-mail and facsimile messages (53).

These rules define the concept of "communication means" - technical and software, including any of the listed technical means (TS) or their combination (two or more):

exchange of electronic messages, incl. e-mail, transmission of voice information by e-mail, short text messages, multimedia messages;
information vehicles in terms of domain names, access to information resources, management;
remote access;
authentication and identification;
transmission of facsimile messages.

The named means of communication are subject to mandatory declaration (certification) of compliance with standard requirements. At the same time, the corresponding requirements are established for each of the above technical means.

Separate regulatory legal acts of the President of the Russian Federation or the Government of the Russian Federation establish the specifics of connecting state information systems to information and telecommunication networks.

For example, by the Decree of the Government of the Russian Federation of 05/18/2009 No. 424 "On the specifics of connecting federal state information systems to information and telecommunication networks" (54) or by the Decree of the President of the Russian Federation of 03/17/2008 No. 351 "On measures to ensure information security Russian Federation when using information and telecommunication networks of international information exchange "(55).

Information and telecommunication networks can be:

local (in the same building of any organization);
departmental, covering users of one agency or corporation;
regional, uniting users of cities, regions and other territorial units);
special purpose (for example, the secure network of GAS "Justice" and GAS "Vybory");
global (Internet).

From the point of view of informatics, a computer network as a prototype of an information and telecommunication network is a single complex that includes a geographically distributed system of computers and their terminals, united into a single system by means of communication using switching equipment, software and protocols for transmitting (receiving) information, as well as solutions of information, management, computing and / or other problems (21, 464).

In the above definition, the following features of a computer network can be distinguished.

1. The functional purpose of any computer network is associated with transmission and reception information.

2.The network is computing system(terminals), with the help of which the information is processed and prepared for transmission to the user.

3. The transmission of messages and information (information) is provided switching equipment, software and technological protocols(a set of rules governing the format and procedures for the exchange of information between users).

Each of the selected features characterizes one of the important aspects of a computer network.

The highlighted features and signs were used by the legislator when formulating the definition of the concept contained in Article 2 of the Law "On Information", in accordance with which information and telecommunications network is defined as a technological system designed to transmit information over communication lines, access to which is carried out using computer technology.

The first feature of the concept under consideration is high-tech property information and telecommunication network. The legislator highlighted the technological nature of the network and at the same time emphasized that this system consists of the elements included in its composition: computing and software tools, technical telephone channels and a subsystem for accessing them (switching equipment).

Consequently, the composition of the information and telecommunications network must necessarily include three elements:

· Computer technology, i.e. computers;

· Telephone communication channels;

· System of access to communication channels (switching equipment and regulations for their use).

The access system is determined by the corresponding conditions (possibility) of obtaining information or familiarizing with it. Such conditions are determined by the mode of access or a set of conditions organizational, legal and technical character. Their composition may include, in relation to the specific conditions of the functioning of the information and telecommunication network, various rules and actions aimed at the possibility of familiarization, transmission and receipt of information, incl. actions on the use of technical means. On the contrary, such rules and actions can be aimed at protecting information on the network, i.e. obstruction of access or receipt of information. In other words, access is always a combination of software and hardware, switching equipment, as well as rules and actions (measures) that determine the capabilities of a network user, i.e. legally established composition, which has important legal significance.

By orders of the Ministry information technologies and communications of the Russian Federation, the rules for the use of communications used to ensure access to information and telecommunication networks are established.

For example, by order of the Ministry of Information Technologies and Communications of the Russian Federation of December 11, 2006 No. 166, the Rules for the Use of Communication Means Used to Provide Access to Information of Information and Telecommunication Networks, the Transmission of E-mail and Facsimile Messages, which contain requirements for the communication means used to provide access to information of information and telecommunication networks, transmission of messages by e-mail and facsimile messages (215).

These rules define the concept "means of communication"- hardware and software, including any of the listed technical means (TS) or their combination (two or more):

1. TS for the exchange of electronic messages, incl. e-mail, transmission of voice information by e-mail, short text messages, multimedia messages;

2. Information TS in terms of domain names, access to information resources, management;

3. Remote access vehicle;

4. TS of authentication and identification;

5. TS transmission of facsimile messages.

For example, the Decree of the Government of the Russian Federation of May 18, 2009 No. 424 "On the specifics of connecting federal state information systems to information and telecommunication networks" (216) or the Decree of the President of the Russian Federation of March 17, 2008 No. 351 "On measures to ensure information security of the Russian Federation when using information and telecommunication networks of international information exchange ”(217).

Information and telecommunication networks can be:

local(one building of any organization);

departmental covering users of one agency or corporation;

regional, uniting users of cities, regions and other territorial units);

special purpose(for example, a secure network of the state automated system GAS "Justice", the state automated system GAS "Vybory", etc.);

global(Internet).

Questions for control:

1.The structure of the information system

2. Concept and types of information and telecommunication network

3.Ensuring access to the information and telecommunications network

The study of the legal essence of the Internet, the legal culture of an individual and their interaction is a necessary prerequisite for analyzing the features of the formation of the legal culture of an individual in the conditions of formation information society.
The Internet as a global information space “does not recognize” state borders and is not only the most effective means of access to information resources accumulated by mankind, but also becomes a means of disseminating mass information. The functioning of the network is a powerful factor in the development and use of advanced technologies. On the other hand, the use of the Internet is associated with: the possibility of uncontrolled dissemination of harmful information, penetration into control systems, violation of human rights, which undoubtedly requires special attention to information protection issues. The rapid development of the Internet in the civilized world is ahead of the process of creating and improving the regulatory legal acts necessary to regulate emerging problems. With the development of the Internet in recent years, the legal problems of the network are becoming more and more urgent against the background of a noticeable transformation in the world of approaches to their settlement: from an emphasis on self-regulation to strict legal regulation. In our country, already at the end of 1996, as a response to the great attention of the general public, public authorities and administration, business people on the legal problems of the Internet in Russia, parliamentary hearings were held by the State Duma committees for security and information policy and communications. The main problems requiring legislative regulation in Russia in connection with the development of the Internet, practically do not differ from those in other developed countries of the world: 1) ensuring a free connection to the Internet and exchange of information on the network; 2) legal protection of copyrights and other objects of intellectual property; 3) protection of personal data, in particular those data that are collected in the course of the activities of network operators (including addresses, phone numbers and other personal data of subscribers or buyers in the "e-commerce" system); 4) connecting state bodies to the Internet and providing citizens with information on the activities of these bodies; 5) preventing the dissemination of offensive and obscene information, calls to incite national, racial, religious hatred, etc .; 6) electronic document revolve, electronic signature, confirmation of the authenticity of information in information products, means of viewing and transmitting information; 7) electronic commerce; eight) Information Security: computer viruses, unauthorized access to information, hacking of servers and networks, destruction and substitution of information; 9) the use of crypto protection means; 10) jurisdiction: the legislation of which state must be applied to regulate actions taken on the network. An analysis of the current Russian legislation shows that the issues of legal regulation related to the functioning and development of the Internet system in Russia form an extensive regulatory framework that includes more than 50 federal laws only at the federal level, not to mention numerous regulatory legal acts of the President and the Government of the Russian Federation. The range of these legislative acts is extremely wide, and their interpretation from the standpoint of the specifics of legal relations arising from the use of modern information technologies is difficult, especially since the development of these laws did not provide for appropriate opportunities. It is clear that this area of legal relations is completely new for the courts.

The Internet, being a network for transmitting information, is the habitat of the information society, organically fusing with the general tendencies of informatization of various aspects of public life. Most of the definitions of information have something in common. In particular, they assume the existence of at least four components:
Klimenko S., Urazmetov V. Internet: the habitat of the information society. Protvino, 1995.S. 17 - 22.
1) the process of knowing something about which information is transmitted;

2) transmitting information;
3) perceiving information;
4) the information itself.
Based on the foregoing, the information transmitted via the Internet is information about the surrounding world, its objects, processes and phenomena, presented in a form that allows decryption of the encoded data (the data is in binary form and does not need to be converted, as, for example, when scanning an image or digitizing sound).
Petrovsky S.V. Legal regulation of the provision of Internet services: Dis. ... Cand. jurid. sciences. M., 2002.S. 24.
Thus, the Internet as an information and telecommunication network is a means of transmitting information about the surrounding world, its objects, processes and phenomena, objectified in a form that allows their machine processing (decoding).
From a technical point of view, the Internet is the largest telecommunications network formed by connecting more than ten thousand five hundred telecommunication networks. different types... This unification became possible due to the use of the Internet protocol TCP / IP, which plays the role of a kind of translator of standards when transferring data between different types of telecommunication networks.
In accordance with paragraphs 3 and 4 of Art. 2 of the Law on Information information system - a set of information contained in databases and information technologies and technical means ensuring its processing; information and telecommunication network - a technological system designed to transmit information over communication lines, access to which is carried out using computer technology.
On the territory of the Russian Federation, the use of information and telecommunication networks is carried out in compliance with the requirements of the legislation of the Russian Federation in the field of communications, this Federal Law and other regulatory legal acts of the Russian Federation.
Regulation of the use of information and telecommunication networks, access to which is not limited to a certain circle of persons, is carried out in the Russian Federation, taking into account the generally accepted international practice of the activities of self-regulatory organizations in this area. The procedure for using other information and telecommunication networks is determined by the owners of such networks, taking into account the requirements established by this Federal Law.
The recipient of an electronic message located on the territory of the Russian Federation has the right to conduct a check, which makes it possible to identify the sender of the electronic message, and in cases established by federal laws or by agreement of the parties, he is obliged to carry out such a check.
The transfer of information through the use of information and telecommunication networks is carried out without restrictions, provided that the requirements established by federal laws for the dissemination of information and the protection of intellectual property are observed. The transfer of information can be limited only in the manner and on the conditions that are established by federal laws.
In the process of legal regulation of the Internet, new subjects of relations arise:
- site - a set of web pages with a repeating design, united thematically, linked by links navigationally and physically located on a web server of a local network or the Internet at one address (domain name);
- web page - an electronic document made on the basis of the hypertext markup language HTML (HyperText Markup Language) and included as a unit of information presentation in a set of pages with reciprocal hyperlinks - a website on a local network or the Internet;
- domain - each computer connected to the Internet is assigned a unique identification number called an IP address. IP means Internet Protocol, i.e. a protocol through which computers interact on the Internet. The IP address is a sequence of four numbers separated by dots and looks like this: 82.116.44.1. The IP address presented in this form is difficult for a person to remember. In this regard, for the convenience of memorization and perception, a domain name system (Domain name System - DNS) was created. With the help of this system, it became possible to associate each IP-address with a unique symbolic name, called a domain name;
— Email- a kind of telecommunication carried out through Internet technologies.

The legislation of the Russian Federation defines the circle of subjects of the information and telecommunications network (participants in legal relations arising from the operation and use of the information and telecommunications network): the owner of the Internet site, the owner of the Internet resource, the organizer of the information dissemination on the Internet , blogger, operator search engine, telecom operator, hosting provider, copyright holder and user. They can be classified as special subjects in relation to legal relations on the Internet as a type of information system.

The named subjects, depending on the functional characteristics, belong to the varieties of three types of subjects of information law (owners, information intermediaries and users).

1. Owners as subjects of legal relations arising from the operation and use of the information and telecommunications network. These include the owner of the information, the owner of the information resource, the owner of the site, and the blogger. All of them have a common feature - independence in addressing issues of information creation, its dissemination and restriction of access to information.

For example, the Law "On Information" defines owner of information as “a person who independently created information or who, on the basis of a law or an agreement, received the right to authorize or restrict access to information determined by any criteria”.

In separate articles of the Law "On Information" (Articles 15.2, 15.3, 15.7, etc.), the owner of the information has a different name (owner of the information resource), which in its content does not quite coincide with the concept of "owner of information". The composition of the information resource of the owner of the information resource may include not only information, but also technological (software) means that ensure the functioning of the site (page) on the Internet, as well as the network address, Domain name, an index of the pages of the site on the Internet (for example, clause 10 of article 15.5 of the Law "On Information").

The owners include site owner, defined in the Law "On Information" as "a person who independently and at his own discretion determines the procedure for using a site on the Internet, including the procedure for posting information on such a site." It also emphasizes the sign "at your own discretion" - independence in the actions of the site owner to realize his interest, i.e. in determining the procedure for placing information and conditions for restricting access to information.

In accordance with Art. 10.2 of the Law "On Information" to the subjects of the information and telecommunications network is a blogger - the owner of the site and (or) the page of the site on the Internet, on which publicly available information is posted and access to which during the day is more than three thousand Internet users ... In addition to the sign of independence, including the ability to restrict access to information, the blogger is endowed with an additional sign distributor mass media, i.e. a characteristic feature of active actions aimed at obtaining information not just by an indefinite circle of people, but more than three thousand users

the Internet during the day. The named quantitative criterion clearly demonstrates the blogger's focus on the mass audience. Therefore, the characteristic features of a blogger emphasize his place in the composition of subjects of information law as a special subject of information dissemination on the Internet.

The blogger as a distributor of information on the Internet is responsible for special duties on compliance with the legislation of the Russian Federation on prohibitions and restrictions in the information sphere.

In accordance with paragraphs. 1 and 2 tbsp. 10.2 of the Law "On Information" they include the following obligations.

1) To not allow use of the site or page of the site on the Internet for the purposes of:
- ? commission of criminally punishable acts, for the disclosure of information constituting a state or other secret specially protected by law;
- ? distribution of materials containing public calls for terrorist activities or publicly justifying terrorism, other extremist materials, as well as materials promoting pornography, the cult of violence and cruelty, and materials containing obscene language;
- ? dissemination of information about the private life of a citizen in violation of civil law.
2) Follow:

I am prohibitions and restrictions provided for by the legislation of the Russian Federation on referendum and the legislation of the Russian Federation on elections;

? the requirements of the legislation of the Russian Federation governing the procedure for the dissemination of mass information;
? rights and legitimate interests of citizens and organizations, including honor, dignity and business reputation citizens, business reputation of organizations.
3) Check the accuracy of the posted publicly available information prior to its placement and immediately delete the posted false information.

In addition, clause 2 of the named article, when placing information on a website or a website page on the Internet, a prohibition is established:

1) use of the site or page of the site on the Internet for the purpose of concealing or falsifying socially significant information, disseminating deliberately false information under the guise of reliable messages;
2) dissemination of information in order to defame a citizen or certain categories of citizens on the basis of gender, age, race or nationality, language, attitude to religion, profession, place of residence and work, as well as in connection with their political convictions.
2. Information intermediaries as subjects of legal relations,

arising from the operation and use of the information and telecommunication network. These include a telecom operator, a hosting provider, an organizer of information dissemination on the Internet, a search engine operator.

In accordance with the Law on Communications, a communications operator - entity or an individual entrepreneur providing communication services on the basis of an appropriate license. The activities of a telecom operator are related to the reception, processing, storage, transmission, delivery of telecommunication messages or postal items... The intermediary role of a telecom operator is to connect subscribers through the transmission and delivery of electronic communications in the information and telecommunications network. The telecom operator does not create information and does not dispose of information at the disposal of the site owner. But he provides services for providing access to the information and telecommunication network "Internet", and in the cases provided for by the Law "On Information", he is obliged to restrict access to illegally posted information (clause 7 of Article 15.2) or to renew access to the information resource, in including to the site on the Internet (and. 6, article 15.3, etc.).

In accordance with Art. 2 of the Law "On Information", a hosting provider is a person who provides services for the provision of computing power for placing information in an information system permanently connected to the Internet. Such services are provided by organizations that have specialized technical (server equipment) and technological (software) capabilities to post, store, update and use information intended for distribution on the Internet.

The telecom operator and the hosting provider are similar in their main feature (service provision), although their activities differ in the content of the functions performed.

The functions of a hosting provider, in contrast to the functions of a telecom operator, are to provide technological support and maintenance of sites (pages) on the Internet. Site owners enter into agreements with them only to exercise the right to disseminate information. Such organizations have the technical and technological capacities necessary to ensure the round-the-clock operation of sites (pages) on the Internet, as well as the stable processing of user requests for information posted on such sites. Hosting providers usually create their own data centers for processing, storing and providing access to information on the Internet site. The functions of a telecom operator and a hosting provider can be combined in one organization in cases where large companies (for example, Rostelecom, MTS, etc.) have network resources(communication channels) for data transmission and at the same time have powerful data centers.

The hosting provider, like the telecom operator, does not create information (information) and does not dispose of it. But he provides services for providing access to information at the disposal of the owner of the site (page) on the Internet. Just like a telecom operator, in the cases provided for by the Law "On Information", he is obliged to restrict access to the site on the Internet (clause 8 of article 15.1), or to information processed in violation of the legislation of the Russian Federation in the field of personal data ( clause 7 of article 15.5).

In accordance with Art. 10.1 of the Law "On Information", the organizer of the dissemination of information on the Internet is a person carrying out activities to ensure the functioning of information systems and (or) programs for electronic computers, which are intended and (or) used for receiving, storing, transmitting, delivering and (or) processing e-mails users of the Internet. Such a person can be a Russian legal entity, a citizen of the Russian Federation, an individual entrepreneur, a foreign organization and a foreign citizen.

As you can see, the law defines the functions that characterize this subject of information dissemination on the Internet: it is designed to ensure the functioning of information systems and programs

Computers intended for receiving, transmitting, storing, delivering and (or) processing electronic messages on the Internet.

Here, its organizing role is reduced not only to ensuring the stable operation of the network technological system and addressless processing and broadcasting (transmission) of electronic messages from Internet users, but also to storing voice information, written text, images, sounds, information about these users and providing it authorized state bodies carrying out operational investigative activities (ORD) or ensuring the security of the Russian Federation.

This implies the specific functions of the organizer of the dissemination of information on the Internet on the storage of received and transmitted information and information about the users of such information, as well as its provision to the authorized state bodies that carry out the OSA or ensure the security of the Russian Federation.

In accordance with paragraphs. 2,3,4 tbsp. 10.1 of the Law "On Information" for the implementation of these functions, the organizer of the dissemination of information on the Internet is endowed with the following duties:

notify the federal executive body in charge of control and supervision in the field of mass media, mass communications, information technology and communications (Roskomnadzor), on the commencement of its activities;

keep on the territory of the Russian Federation, information on the facts of receipt, transmission, delivery and (or) processing of voice information, written text, images, sounds or other electronic messages of Internet users and information about these users within six months from the date of completion of such actions;

give the specified information to the authorized state bodies carrying out the OSA or ensuring the security of the Russian Federation, in cases established by federal laws;

ensure implementation established by Roskomnadzor in agreement with the authorized state bodies that carry out the OSA or ensure the security of the Russian Federation, the requirements for equipment and software and hardware used by the specified organizer in the information systems it operates, for these bodies in cases established by federal laws, measures to implement the assigned tasks on them;

take action to prevent the disclosure of organizational and tactical methods of carrying out activities by the bodies carrying out the ORD or ensuring the security of the Russian Federation.

Decree of the Government of the Russian Federation of July 31, 2014 No. 759 defines the Rules for storing information on the facts of reception, transmission, delivery and (or) processing of voice information, written text, images, sounds or other electronic messages of Internet users and information about these users, provision it - to the authorized bodies (authorized state bodies carrying out the OSA or ensuring the security of the Russian Federation).

In accordance with clause 12 of the said Decree of the Government of the Russian Federation, the organizer of the dissemination of information on the Internet provides storage and provision of voice information, written text, images, sounds or other electronic messages of Internet users to authorized bodies in relation to:

? registered using network addresses as used on the territory of the Russian Federation;
? authorized using network addresses as used on the territory of the Russian Federation;
? who indicated during registration an identity document issued by a government authority of the Russian Federation (main document or other identity document);
? using to access communication internet service devices and (or) computer programs that transmit geographic data (metadata) to the communication Internet service, indicating the location (including temporary) of the user on the territory of the Russian Federation;
? who indicated when registering as contact information phone numbers allocated Russian operators communication when concluding an agreement with the subscriber for the provision of communication services. one

Currently, search engines have become widespread on the Internet - information systems that, at the user's request, search for information of a certain content on the Internet and provide the user with information about the index of the website page on the Internet to access the requested information located on sites on the Internet, owned by other persons (Art. 2 of the Law "On Information").

The Law "On Information" does not include information systems used for the implementation of state and municipal functions, the provision of state and municipal services, as well as for the exercise of other public powers established by federal laws.

There are various search engines on the Internet. The most popular search engines are global in nature: Google, Yandex, Rambler, Yahoo !, MNS, etc. The functioning of such systems is provided by search engine operator

Information search on the Internet in such systems is carried out at the user's request using the pointer keywords, which are usually entered in a special dialog box. At the same time, the search engine uses built-in semantic elements to extract from suitable information resources(databases and catalogs) and generates many pages with address pointers, the most adequate in meaning and corresponding (relevant) to the request. As a rule, the first pages of such addresses are formed most relevant to the request.

Most search engines are created for advertising purposes in order to attract the attention of consumers from among the Internet users to the advertised products (goods and services).

Therefore, in accordance with Art. 10.3 of the Law "On Information", a search engine operator distributing advertising on the Internet that is aimed at attracting the attention of consumers located in the territory of the Russian Federation is obliged, at the request of a citizen (applicant), to stop issuing information about the index of a website page on the Internet (link) allowing access to information:

? about the applicant, distributed in violation of the legislation of the Russian Federation, which is unreliable;
? irrelevant, which has lost its meaning for the applicant due to subsequent events or actions of the applicant, with the exception of information about events containing signs of criminal acts, the terms of bringing to criminal responsibility for which have not expired;
? on the commission by a citizen of a crime for which a criminal record has not been removed or canceled.

Within ten working days from the date of receipt of the applicant's request, the search engine operator is obliged to stop issuing links to the information specified in the applicant's request containing the applicant's name and (or) surname, notify the applicant about this or send a reasoned refusal to the applicant.

The applicant, who considers the refusal of the search engine operator unreasonable, has the right to go to court with statement of claim to stop issuing links to information specified in the applicant's request.

Search engine operator is obliged not to disclose information

0 the fact that the applicant has applied to him with a demand, with the exception of cases established by federal laws.
3. Users as subjects of legal relations arising from the operation and use of the information and telecommunication network do not have any special specific status features.

All Internet users have functional similarities for this type of subjects. consumer user attributes different types information or a recipient of information services. Moreover, the specific functions and interests of the user (recipient) are not decisive. Its main distinguishing feature reflects information need(interest) of the person, therefore it is this trait that plays the main role among all other specific functional traits. Users are subjects of information law who satisfy their information needs by searching for and receiving information, receiving communication services, receiving public (state or municipal) services in electronic form, etc.

Users, for example, include applicants for public services obtained via the Internet - individuals or legal entities or their authorized representatives who have applied to a public service provider or a municipal service provider, or to other organizations (for example, in the MFC) with a request for the provision of a state or municipal service, expressed in oral, written or electronic form.

In accordance with Art. 1 of the Law "On Access to Official Information" the user of information is "citizen ( individual), an organization (legal entity), a public association searching for information on the activities of state bodies and local self-government bodies. Information users are also state bodies, local self-government bodies that search for this information in accordance with this Federal Law "

In accordance with Art. 2 of the Law "On Communications" "a subscriber is a user of communications services with whom an agreement has been concluded for the provision of such services when a subscriber number or a unique identification code is allocated for these purposes."

Decree of the Government of the Russian Federation of July 31, 2014 No. 746 "On approval of the Notification Rule by the organizers of the dissemination of information in the information and telecommunications network" Internet "of the Federal Service for Supervision of Communications, Information Technology and Mass Media on the commencement of activities to ensure the functioning of information systems and (or) programs for electronic computers designed and (or) used for receiving, transmitting, delivering and (or) processing electronic messages from users of the information and telecommunications network "Internet", as well as maintaining the register of the specified organizers "// SZ RF. 2014. No. 32. Art. 4519.
SZ RF. 2009. No. 7 Art. 776.
SZ RF. 2003. No. 28. Art. 2895.