Committee of the State Duma: for husks, reposts and memes, criminal responsibility
User "Vkontakte" Elina Mamedova from the village of Chekhovo (Big Yalta), which charged according to Article 282 of the Criminal Code of the Russian Federation for reposts made in 2014 and 201? asked to hand over a sample of DNA, saliva and voice for the "extremist base"
State Duma Committee on Security and Combating Corruption prepared a negative conclusion on the draft law, excluding criminal liability for reposts on the Internet.
For husks and reposts, is often imputed. Article 282 of the Criminal Code of the Russian Federation "Raising hatred or enmity, as well as humiliation of human dignity" (up to 5 years in prison). The administration of Vkontakte helps to establish the identity of users even without a documented request from law enforcement agencies.
published on the website of the law enforcement system in June 2018. The Expert Council of the State Duma for the Development of the Information Society under the Youth Parliament is also proposed to change the measure of responsibility for the likes and reposts in social networks .
But the bill and the proposals of the expert council did not find the understanding of their colleagues. State Duma deputy from United Russia Sergey Zheleznyak stated , that "you can not indulge in manipulation and information wars", and therefore one can not mitigate the punishment for reposts.
"The idea is legally prescribed incorrectly. It is necessary to formulate it in a different way, then we will work, we will talk with experts. The project is not supported by anyone ", - said head of the committee Vasily Piskarev. He stressed that the project on the decriminalization of likes and repots in social networks did not support the government of the Russian Federation and the Supreme Court.
Criminal cases in Russia are most often initiated precisely for the publication of Vkontakte. Why? This is popularly explain the authors of the telegram channel "You sit down for the likes" .
The fact is that the administration of the Russian service willingly goes to contact and actively helps law enforcement agencies. Lists of IP addresses and other confidential data are sometimes sent even without an official request, simply at will, which the law enforcement officer expressed in the letter by e-mail.
The administration of Vkontakte reports the IP-addresses of visitors to the page and the phone number to which the page of any of its users is tied. After that, a request is made to the operator of communication, who serves this phone number: who came from this IP to the page in the time specified in the response from VKontakte. The answers to these requests are proof that the page belongs to a particular person.
A sample of the response of "Rostelecom" (the original is opened by click)
And all - the evidence base is collected. You can start a criminal case, search a suspect and remove computer equipment from the apartment to search for evidence.
User "Vkontakte" Maria Motuznaya, on which the criminal case
for the publication of memes about religion. The girl was accused of "humiliating the Negroid race". The fifth hearing in the case Motuznoy will be held on September 25
The problem is that by law, resources are required to respond to such requests only by a court decision. But Vkontakte has a special mailbox where employees of any authorities send scans or even photos of requests, and sometimes even simple text inquiries from completely random email addresses: "What do you think a law-abiding social network should do in response to such a request? "Correctly, ignore this Fibkin's letter and ask for a court decision." But VKontakte is not just a law-abiding social network, but very law-abiding, it is friendly with government bodies. Therefore VKontakte gives information in general to any letters with requests. It's terrible to imagine how many fake requests there are from the Mamkian Dianoners. Yes, you correctly understood - VKontakte helps to plant their users ", - write the authors of the channel" You sit down for the likes ". They also published a mailbox for such requests ( ? [email protected] [/i] ) And attached a printout of the response from the administration of the social network.
An example of a response from an employee of Vkontakte to an unofficial request for personal data received from a mailbox
@ mail.ru(the original is opened by clicking)
Recently, the administration of asks law enforcement officers send requests for the issuance of confidential data by e-mail at least from the official postal address, and not with
By Public Opinion Foundation (FOM), 55% of Russians approve of the idea of criminal punishment for publications in social networks, and also believe that Russians should bear the same responsibility for reposts as for their own material. According to the respondents of the all-Russian poll, the repost is a source of information dissemination and it can shake society and thereby harm it.
After the negative conclusion of the profile committee, the prospect of adopting the bill on the decriminalization of the likes and reposts looks questionable.
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