Layfhaker asked the lawyer how to assert their rights to those who are affected by blocking IP-addresses of the federal agency.
Sarkis Darbinyan
The lawyer of the NGO "Roskomsvoboda" managing partner "Center for Digital Rights."
Are there many sites came under the lock with Telegram?
I think such cases are already hundreds of thousands. Smoke after the battle is not yet cleared, so we need time to assess the money, how much damage received companies, advertising agencies, marketers, business.
Communication failure, the inability to update their data experienced by many companies, starting with "Bitrix" and ending with the courier "Birdie". What did Roskomnadzor, comparable to the nuke to eliminate pickpocket.
Entrepreneurs have already appealed to the court?
While many swear in social networks, but not seriously prepared to sue the state for several reasons. Businessmen are afraid, do not believe in justice, believe that it is expensive and not very effective in the current circumstances.
What do those who still dare to sue?
The first - to apply for the imposition of administrative liability of officials who intentionally interferes with the performance of the site. This article 13.18Article 13.18. Obstruction of reliable reception of radio and television programs and the sites in the network "Internet". Code of Administrative Offenses.
The second way - filing a claim. If the site owner is a legal entity, it must apply to the arbitration court of Moscow. Roskomnadzor can attract as the defendant: show him the requirements for recognition of the illegal actions of authorities and claim of ownership to the amount of losses, loss of profits.
The court will have to prove that the Roskomnadzor's actions were disproportionate and brought losses in the form of direct income and loss of profits. Given that there will be a defendant treasury, should also be involved state budget enterprise.
And that can make ordinary users, not companies?
Russian residents have the right to defend their civil rights to peaceful civil protest, appeal courts, appeal to the competent authorities. "Roskomsvoboda" and the international human rights group "Agora" accept applications from affected users. We are ready to provide legal assistance and protect the rights of the courts, especially the right of access to information.
Which can provide proof that I suffered from the lock?
First of all you need to fix that site is not available. This may be a correspondence with the technical support provider, service provider, which will confirm that the web resource does not work.
A more expensive option - screenshots notarized.
If this is not possible, make screenshots, certified staff responsible for the performance of the site. The court will take any evidence, but will be evaluated according to their inner conviction.
It is also necessary to establish with the help of technical tools which operators and how to restrict access to the site. The owner can through the channels and groups to ask their users to test a site with these tools. The collected results can be used in court.
You can use open solutions Ooni and Blockcheck.
Is there a lower limit? Less any amount of damages to go to court is not necessary?
You have to go to court with any amount of damage. Not everyone has the money to lawyers, but we are taking applications from businesses and are ready to provide services free of charge: to advise and help those who want to protect their rights.
How big is the chance to win Roskomnadzor?
I think that no one believes in the miracle that in our judgment can be easy to win in the first instance at the FSB and Roskomnadzor. But this does not mean that we should not protect their rights.
This can be a protracted battle, but it is very important. Now people are trying to challenge the FSC requirements and solutions Roskomnadzor, journalists do, but the business is still silent. And the authorities certainly seems that entrepreneurs have no problems, but the court serves only some "marginal". We do not see a critical mass of lawsuits, so it's okay.
But unfortunately, Telegram lock - is not the first and not the last. This story can be repeated again and again. Therefore, it is important to go to court to defend their rights, if necessary, be up to the international courts to change the law and the absurd practice of its application.
What will happen next?
Given the trends, we understand that it is not in the Telegram. Messenger just happened to be a good opportunity to try something else. What happened to the 16 million Amazon and Google IP-addresses - a signal that the authorities are experiencing the ability to disable American giants. This means that before the end of the year can be made real steps to restrict access to Facebook, YouTube and a host of other platforms that do not want to carry the Russian legislation.
Yes, users can set up a proxy and VPN. But do not be naive and believe that technology can help always. It is important to use legal mechanisms to protect the rights stipulated by the law and the Constitution are respected at all times.