songscloset: Me with the sun flare on my face. (Default)
[personal profile] songscloset
Well.

I just saw LJ's new user agreement and I don't know. I mean, yes, everything is public and so on, but I'm somewhat uncomfortable with this.


Section 7.4 of the new ToS: “Article 10.2 of the Federal Act of the Russian Federation No. 149 “ references this un-lovely tidbit of Russian legal malarkey:
Article 10.2. The Details of Dissemination of Generally Accessible Information by a Blogger
1. The owner of a website and/or a website page on the Internet on which generally accessible information is placed and to which access exceeds 3,000 users of the Internet per day (hereinafter referred to as “blogger”) when said information is placed and used, for instance when said information is placed on the given website or website page by other users of the Internet shall ensure the observance of the legislation of the Russian Federation, for instance:
1) shall not allow the website or website page on the Internet to be used for the purpose of committing the acts punishable under a criminal law, disclosing the information classified as state or another specifically law-protected secret, disseminating the materials containing public appeals for carrying out terrorist activities or publicly justifying terrorism, other extremist materials and also the materials propagating pornography, the cult of violence and cruelty and the materials containing obscene language;
2) shall verify the reliability of placed generally accessible information before it is placed and shall immediately delete unreliable information that has been placed;
3) shall not allow the dissemination of information about the private life of a citizen in breach of the civil legislation;
4) shall observe the bans and restrictions envisaged by the legislation of the Russian Federation the referendum and the legislation of the Russian Federation on elections;
5) shall observe the provisions of the legislation of the Russian Federation that regulate the procedure for disseminating mass information;
6) shall observe the rights and lawful interests of citizens and organisations, for instance the honour, dignity and business reputation of citizens as well as the business reputation of organisations.

2. The following is hereby prohibited when information is placed on a website or website page on the Internet:
1) the use of the website or website page on the Internet for the purpose of concealing or falsifying information of public significance, disseminating knowingly unreliable information under the disguise of reliable messages;
2) the dissemination of information for the purpose of discrediting a citizen or some categories of citizens on the basis of sex, age, race or ethnicity, language, religion, trade, place of residence and work and also in connection with their political convictions.
3. The blogger is entitled to:
1) freely search, receive, transmit and disseminate information by any method in accordance with the legislation of the Russian Federation;
2) set out on his website or website page on the Internet his personal judgements and assessment with an indication of his name or pseudonym;
3) place or allow the placement on his website or website page on the Internet texts and/or other materials of other users of the Internet, unless the placement of such texts and/or other materials contravenes the legislation of the Russian Federation;
4) disseminate advertisements on an onerous basis in keeping with the civil legislation, Federal Law No. 38-FZ of March 13, 2006 on Advertisement on his website or website page on the Internet.
4. An abuse of the right of disseminating generally accessible information that has manifested itself as breach of the provisions of Parts 1, 2 and 3 of the present article shall entail criminal, administrative or another liability in accordance with the legislation of the Russian Federation.
5. On his website or website page on the Internet the blogger shall place his name and initials and an e-mail address for sending legal-significance messages to him.
6. On his website or website page on the Internet the blogger shall place immediately after receiving a court’s decision that has become final and contains demand for its being published on the website or website page.
7. The owners of websites on the Internet who have registered as network editions in accordance with Law of the Russian Federation No. 2124-I of December 27, 1991 on Mass Media are not bloggers.
8. The federal executive governmental body carrying out the functions of control and supervision in the field of mass media, mass communications, information technologies and telecom shall keep a register of the websites and/or website pages on the Internet on which generally accessible information is placed and to which access exceeds 3,000 users of the Internet per day. For the purpose of ensuring the formation of the register of websites and/or website pages on the Internet the federal executive governmental body carrying out the functions of control and supervision in the field of mass media, mass communications, information technologies and telecom:
1) shall organise the monitoring of websites and website pages on the Internet;
2) shall endorse a methodology for assessing the number of users of a website or website page on the Internet per day;
3) has the right of requesting from organisers of dissemination of information on the Internet, bloggers and other persons the information required for keeping such register. Within 10 days after receiving a request from the federal executive governmental body carrying out the functions of control and supervision in the field of mass media, mass communications, information technologies and telecom said persons shall provide the information so requested.
9. In the event of detection in information-telecommunication networks, for instance on the Internet, of a website or website page which contain generally accessible information and to which access exceeds 3,000 users of the Internet per day, including the consideration of relevant applications of citizens or organisations, the federal executive governmental body carrying out the functions of control and supervision in the field of mass media, mass communications, information technologies and telecom:
1) shall include said website or website page on the Internet in the register of the websites and/or website pages on the Internet on which generally accessible information is placed and to which access exceeds 3,000 users of the Internet per day;
2) shall identify the hosting provider or the other person which ensures the placement of the website or website page on the Internet;
3) shall send to the hosting provider or the person mentioned in Item 2 of the present part a notice in electronic form in Russian and English concerning the need for provision of details allowing to identify the blogger;
4) shall record the date and time of dispatch of the notice to the hosting provider or the person mentioned in Item 2 of the present part in the relevant information system.
10. Within three working days after receiving the notice mentioned in Item 3 of Part 9 of the present article the hosting provider or the person mentioned in Item 2 of Part 9 of the present article shall provide the information allowing to identify the blogger.
11. Having received the information specified in Item 3 of Part 9 of the present article, the federal executive governmental body carrying out the functions of control and supervision in the field of mass media, mass communications, information technologies and telecom shall send a notice to the blogger informing that his website or website page has been included in the register of the websites and/or website pages on the Internet on which generally accessible information is placed and to which access exceeds 3,000 users of the Internet per day, with reference to the provisions of the legislation of the Russian Federation applicable to said website or website page on the Internet.
12. If during three months access to the website or website page on the Internet is below 3,000 users of the Internet per day that website or that website page on the Internet shall be removed on the blogger’s application from the register of the websites and/or website pages on the Internet on which generally accessible information is placed and to which access exceeds 3,000 users of the Internet per day, with a notice to this effect being sent to the blogger. The given website or website page on the Internet may be removed from that register when no application is filed by the blogger if access to the given website or website page on the Internet during six months is below 3,000 users of the Internet per day.
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