How they fight Internet piracy in Russia and the world. Fight against piracy. Contact information for inspection bodies

The recently adopted bill aimed at combating piracy ignored expert opinions and amendments from large Internet companies (in particular, Yandex), as a result of which the law poses a potential threat to the Internet in Russia. Look At Me summarizes international experience in the fight against piracy - from SOPA and HADOPI to strict Japanese laws.

Bill “On Amendments into the legislative acts of the Russian Federation on the protection of intellectual rights in information and telecommunication networks,” aimed at combating Internet piracy, was adopted by the State Duma on June 21 without amendments from the Internet industry, whose representatives considered the bill unsatisfactory and even potentially dangerous.

One of the main provisions of the updated version of the bill- the possibility of pre-trial blocking of sites on which pirated content is found. All the copyright holder needs to do is submit the judicial act to Roskomnadzor; Next, the department must report the complaint to the provider and the site owner, who must remove the controversial materials within 24 hours. If the requirement is not met, the provider or telecom operator is obliged to block access to the entire site. The owner of the resource can challenge this decision only 15 days after blocking. For now, the decision concerns only films, but music, books and other intellectual property will be added in the fall.

Lina Bagautdinova

It is possible and necessary to fight piracy. And our legislation on the protection of intellectual property rights has long been in need of updating. In the current edition of Part 4 of the Civil Code, the word “Internet” is used only 2 times and then in the context of domain names. And the development of the industry is largely determined by the development of legislation regulating this industry.

BUT Such bills must necessarily be taken taking into account the opinion of the Internet industry - in fact, those who work with it. Leading Internet companies do not have the goal of supporting piracy, but they have practical experience in this area. Here the law was adopted in a hurry, without any discussions/consultations.

"Yandex", who proposed amendments in the bill on his blog, explains in detail that this model can be used to quickly close any resources - just upload the infringing material to the site and file a complaint. Tracking and finding material can be technically difficult and sometimes almost impossible. In addition, the current wording of the law prohibits links to sites with copyrighted content, which theoretically threatens the closure of both search engines and bona fide resources.

Ochir Mandzhikov

Director of Public Relations, Yandex

Bill on arbitrary blocking of websites was released on June 7 and exactly 2 weeks later it was already approved by the State Duma in the third reading. Amazing speed. Now for comparison. A bill banning smoking in public places (given the obvious dangers of smoking for health, including children. As you remember, smoking is one of the causes of lung cancer) began to be developed in August 2011, there were long public discussions, and only in February 2013 it was adopted by the State Duma.

We tried to write amendments, which could add at least a little common sense to the regulatory mechanism. Our lawyers and GR specialists did a titanic job in the shortest possible time: they sent amendments to various authorities, held many meetings, including with deputies. They listened to us, but, unfortunately, they did not hear us. All amendments were completely ignored.

It’s very sad that in its lawmaking deputies prefer to protect the commercial interests of a group of copyright holders and are not interested in the problems that both Internet companies and Internet users will face.

Yandex amendments

Preference should be given to blocking by direct link to the site, rather than by IP address.

Websites should be blocked only if it is difficult to enforce a court decision.

It is necessary to develop a quick procedure for automatically unblocking sites.

The copyright holder notice must contain, among other things, identification and direct reference to the infringing material and a statement of justification for the infringement.

Special jurisdiction of arbitration courts must be provided.

Lina Bagautdinova

Lawyer of the publishing house Look At Media

Cases on the protection of exclusive rights to films, According to the bill, it is being considered by the Moscow City Court. It is completely unclear why the already overloaded court decided to add powers. If you imagine at least an approximate volume of possible cases, then you can draw conclusions about what the queues will be.

Now about information intermediaries. I would like to give an example of the United States, where, according to the DMCA in force since 1998, the provider is not liable if he immediately removes illegal content upon receiving a takedown. The system is transparent - "copyright holder-intermediary-violator". For us now it will be like this: “copyright holder - Moscow City Court - Roskomnadzor - hosting provider - owner of the information resource.” At the same time, the deadlines at the “Roskomnadzor-intermediary” stage are extremely strict - 1 working day. The problem is also in the ambiguity of the terms - “hosting provider”, “information intermediary”, “another person providing placement in an information and telecommunications network, including the Internet”

World experience

France

In 2009, France passed the ADOPI law, named after the structure that was supposed to monitor its implementation - the Supreme Authority for the Distribution of Works and Protection of Copyright on the Internet. ADOPI implies a three-stage system of fines. On the first violation

300 thousand euros and three years in prison

copyright, the user receives a warning letter, with the second - an e-mail and a registered letter to confirm receipt, and the third violation threatens to be disconnected from the Internet for up to a year. If this is not enough, the law begins to work

on the fight against counterfeiting - which in theory means a fine of up to 300 thousand euros and three years in prison. In addition, ADOPI forces website owners to independently monitor pirated content.

ADOPI was the first law to provide disconnecting a user from the Internet, and caused many reproaches for being too harsh and ineffective - the first user was disconnected from the Internet only two weeks ago, although ADOPI has been in effect since 2010. In addition, it seems that ADOPI has not helped increase music sales - on the contrary, as of June 1, they are falling by 6.5%.

USA

Consideration of SOPA bills (Stop Online Piracy Act) and PIPA (Protect Intellectual Property Act) started in December 2011. SOPA requires any cessation of interaction with pirated resources at the first request of the copyright holder and prohibits the distribution of pirated materials with the threat of imprisonment for up to 5 years (for example, for distributing 10 tracks in six months), and PIPA punishes the distribution of counterfeit materials.

The bills were considered unsuccessful; their consideration was postponed

Discussion of SOPA and PIPA caused protests not only from ordinary users, but also from major Internet players such as Google, Wikipedia, Wordpress and many others. In addition, representatives of the Internet industry proposed their own version of the OPEN law (Online

Protection and Enforcement of Digital Trade Act). All this led to the bills being declared unsuccessful and their consideration being postponed indefinitely.

Netherlands

Anti-piracy law in the Netherlands- one of the most loyal to Internet users, but at the same time one of the most confusing. Thus, downloading movies, music or books for non-commercial purposes is considered home copying and remains within the law, but downloading software is punishable. In addition, you can download pirated materials, but you cannot distribute them - therefore, all torrent trackers are considered illegal, and their users may be punished.

BREIN is responsible for enforcing the law in the Netherlands. (“brain” in Dutch); their slogan is “The art of protecting creativity.” BREIN includes representatives from the recording industry and filmmakers. One of the organization's most recent actions was the case against The Pirate Bay; The court ordered the country's Internet providers to block access to the world's largest torrent tracker, but the largest players in the market, XS4ALL and Ziggo, filed an appeal. BREIN is often subject to criticism and accusations of privacy violations as it is a private organization and cannot take part in piracy investigations.

Japan

In October 2012, Japan entered into By virtue of the anti-piracy law, which was almost immediately and deservedly dubbed draconian, users could receive up to two years in prison or a 1 million yen fine for downloading or distributing pirated materials (or both). The law comes into force if the user knew that the content was illegal and downloaded it intentionally. Due to the fact that not all the details were spelled out in the bill, even watching videos on YouTube was punishable.

2 years imprisonment or fine up to 1 million yen

The law was passed extremely disapproving (up to the traditional hacker attacks on government websites), as a result of which the Japanese government hastened to issue a statement that

The law will be applied extremely carefully, as well as any criminal penalties against ordinary citizens. This turned out to be true: in the three months the law was in effect, not a single person was convicted under it, and by March 2013 there were 27. As for music sales, according to the Recording Industry Association of Japan, their figures fell by 30% compared to last year.

INTRODUCTION

RELEVANCE

HISTORICAL SUMMARY

GEOGRAPHY OF PIRACY

OBJECTIVES OF CREATION OF THE ORGANIZATION

OBJECTIVES OF THE ORGANIZATION

FUNCTIONS OF THE ORGANIZATION

ORGANIZATION STRUCTURE

SOURCES OF FINANCING OF THE ORGANIZATION

INTRODUCTION

Sea robbery is alive and growing. Attacks on ships have become a daily occurrence, keeping ship crews in fear and claiming human lives every day.

Ensuring the safety of vehicles, passengers and cargo is a necessary condition for the operation of all types of transport. In relation to maritime transport, we mean the safety of not only the movement of vehicles, but also the safety of navigation. Currently, ensuring security from international terrorism is of particular relevance. For maritime shipping, since its inception, all forms of terrorism have been united under the term “piracy.”

Measures taken by the international community to prevent and combat maritime piracy are necessary and timely.

The need to create an Intergovernmental Organization to Combat Maritime Piracy is dictated by the current harsh situation in the world, the vulnerability of sea vessels to attacks by pirates, and the need to ensure more effective protection of ships.

RELEVANCE

According to statistics, almost 2/3 of maritime crimes occur in the most disadvantaged countries of Asia, often with the connivance or even participation of state security agencies. At the same time, the deliberate concealment of information on the part of the shipping business about attacks prevents the understanding of the true scale of maritime robbery, which poses an economic, humanitarian and environmental danger. Currently, there are signs that the pirate business will continue to develop in the coming years due to the global crisis and the poverty of the peoples of different countries of the world.

Over the past decade, the number of robbery attacks on merchant ships has tripled, with 40% more cases recorded in 1999 than in the previous year.

The diagram below is clear evidence of the relevance of the creation of the Intergovernmental Organization to Combat Maritime Piracy.

It should be noted that in the first three months of this year alone, 102 cases of attacks by pirate groups were recorded, which is twice the number in the first quarter of 2008.

According to the maximum estimate, the financial damage from maritime robbery does not exceed $16 billion per year. As significant as this figure is, it represents only 0.8% of the $2 trillion in global shipping volume. However, with 90% of cargo transported by sea and 45% of it passing through Asian waters, piracy is becoming a serious threat to global trade.

Failure to recognize the threat of global piracy may mean a halt in the development of shipping and, accordingly, jeopardize global trade as a whole. The development of piracy in one region may lead to an increase in piracy in another. That is why the Intergovernmental Organization for the Suppression of Maritime Piracy should be global in nature, with the goal of eliminating piracy in general, and not suppressing its hotbeds in specific regions.

HISTORICAL SUMMARY

Pirates appeared simultaneously with the first ships going to sea. They operated in the Pacific Ocean along the Chinese coast, among the islands of the South China Sea, and a little later, Phoenician pirates plundered in the Mediterranean Sea. In the 9th century. AD in the North Atlantic, piracy was common among the Vikings. For thousands of years, it has been recognized that piracy, despite the efforts of many governments, is extremely difficult to eradicate. At the cost of incredible efforts, this was achieved in the Mediterranean Sea. After the collapse of the Roman Empire, piracy resumed.

The heyday of maritime robbery dates back to the 17th-18th centuries. as a consequence of the struggle between Great Britain and Spain for silver and gold transported from the New World to the Old. Numerous pirate ships were based in the Caribbean Sea and the Gulf of Mexico.

The “golden era” of maritime piracy formally ended in 1856 after the signing of a treaty ending the Crimean War in Paris. At the same time, the Paris Declaration of the peace treaty was signed, which was joined by almost all maritime powers. This declaration establishes the prohibition of privateering (corruption). By the beginning of the 19th century. There is a strong opinion that piracy is an international crime, and every pirate is an enemy of the human race.

However, in the middle of the 20th and early 21st centuries, a new wave of maritime piracy was observed, which can safely be recognized as one of the areas of global terrorism. This was preceded by massive acts of state piracy, which were carried out by warships of the Kaiser's Germany, which declared unlimited submarine warfare during the First World War. On the eve of the Second World War and during all the years of its conduct, the fascist aggressive states of Germany, Italy, and Japan stained themselves with massive piracy, which involved submarines (“wolf pack tactics”) and large surface ships (raiders).

Currently, there is an increase in the number of cases of maritime piracy and its spread throughout the world. Until now, no country has an officially organized statistical record of acts of piracy. There is only a private bureau, the International Maritime Bureau (IBM) of the International Chamber of Commerce in London, which records data on maritime piracy when such cases become known.

GEOGRAPHY OF PIRACY

The geography of pirate activity in the 21st century covers the coastal waters of Asia, Africa, and Latin America. The most dangerous regions are the coastal waters of Somalia and Nigeria in Africa, as well as Indonesia in Africa. It is in these regions that the bulk of pirate attacks occur (more than 50%), but not all piracy is widespread in a number of other disadvantaged countries, such as India, Tanzania, and Bangladesh.

Almost 2/3 of maritime crimes occur in Asia, mainly in Indonesia, Thailand, the Philippines, Malaysia and Burma. Specifically on oil tankers, most attacks occur in the Strait of Malacca, which separates Malaysia from the Indonesian island of Sumatra, as well as in the strait between the Riau archipelago and Singapore. These straits are very busy shipping lanes, with supertankers traveling in both directions between the Middle East and Japan, Korea and China. It is assumed that the Riau Archipelago, in the best traditions of classic piracy, is used as a base of operations. The latest surge in the wave of crimes at sea is associated with the Asian crisis of 1997, which threw crowds of unemployed people onto the streets, as well as with political instability in Indonesia. In 1999, out of 290 reported cases, 113 occurred in Indonesian waters and ports.

Here is a map of maritime pirate attacks in the world for 2007 and 2008, which clearly illustrates the situation with the development of piracy in the world.

A distinctive feature of modern piracy is that most often, in fact in 72% of cases, attacks on ships occur while they are in territorial waters or port waters. This fact is the basis for suspicions that port employees, maritime security and patrol services are often associated with criminal business.

It is typical that in relatively prosperous Asian countries such as Japan, South Korea, Taiwan and Singapore, where the law works and the coast guard is professionally trained and relatively well paid, there are significantly fewer cases of piracy. Singapore is particularly affected by piracy, with its largest port in the world located halfway from the Middle East to Northern Asia.

It happens that ships prefer to bypass Indonesia, bypassing it from the south, and Singapore loses a lot of income due to this. Detours are also more expensive for transport workers, but not as significant as the loss of cargo. Therefore, Singapore invests enormous resources in maintaining order in its waters with a well-equipped and trained coast guard.

Traditional piracy, i.e. on the high seas, occupies a small place in general statistics, but it happens. True, when going to work, today’s filibusters do not raise the sails, but start the engines of modern high-speed boats. According to reports, the attackers are usually masked, dressed in military uniforms and equipped with modern weapons of the regular army. So to speak, the “social composition” of modern pirates is very diverse - from the Asian mafia and various types of criminals to simply fishermen who trade in poaching, and sometimes the coast guard, responsible for the safety of ships. Often, pirate groups own a small fleet, where they recruit a crew of sometimes unsuspecting unemployed sailors in various ports around the world. Typically, small pirate crews are part of organized syndicates whose bosses are located in Singapore, Indonesia, Hong Kong and China.

OBJECTIVES OF CREATION OF THE ORGANIZATION

Joining the efforts of the international community to curb and suppress piracy and armed robbery, as well as prevent environmental pollution;

Coordinating the efforts of the international community to deprive pirates of resources, as well as provide more effective protection for ships;

Unlawful acts at sea are in the nature of piracy, maritime robbery or maritime terrorism. Piracy is one of the most ancient types of crimes that encroach on the interests of all states when they use maritime spaces. In accordance with Art. 101 of the 1982 UN Convention on the Law of the Sea, piracy is any unlawful act of violence, detention or any robbery committed for personal gain by the crew or passengers of any privately owned ship or privately owned aircraft, directed on the high seas or other place without jurisdiction any state against another ship or aircraft, or against persons or property on board. Piracy is also any act of voluntary participation in the use of any ship or aircraft for the purpose of piracy, as well as instigation and aiding in the commission of these acts.
Modern international law considers piracy as a criminal crime of an international nature, directed against the exercise of freedom of navigation as an integral part of the freedom of the high seas.
In addition to piracy (maritime robbery), maritime terrorism also poses a serious threat to the safety of navigation. In terms of methods and methods of implementation, these crimes are similar. The difference in the goals of attack for pirates (sea robbers) is the main thing - personal profit, and the goal of sea terrorists is to seize a ship and hostages, followed by blackmail, intimidation of the authorities and attempts to force them to fulfill their, usually political, goals.
Terrorist actions at sea can be carried out for the purpose of:
- undermining the maritime tourism business, one of the most profitable for highly developed countries;
— damage to international transportation of raw materials;
— attacks on oil platforms to influence public opinion with the threat of environmental disaster;
- disabling the most important shipping routes of international importance - the Suez, Panama, Kiel Canals, Strait of Gibraltar, Bosphorus, etc.).
It is obvious that an effective fight against piracy (maritime robbery) is possible only on the basis of close international cooperation. According to the UN Convention, all states are required to cooperate to the fullest extent possible in the suppression of piracy on the high seas or any other place beyond the jurisdiction of any country. In October 1992, the International Maritime Bureau of the International Chamber of Commerce established the Regional Center on Piracy, which was then renamed the Analytical Center on Piracy (maritime robbery). It collects and analyzes information on a global scale, searches for missing ships, seeks punishment of criminals and the return of cargo to owners, provides round-the-clock notification of ships about attacks and organizes assistance to damaged ships.
There is a training center for training specialists in the fight against sea robbers in California. The center trains anti-piracy units for the navies of Indonesia, the Philippines and Thailand. These countries constantly conduct maritime exercises to combat sea robbers.
At the end of 2005, representatives of Japan, Singapore, Cambodia and Laos signed the “Regional Agreement on Cooperation in Combating Piracy and Armed Attacks on Ships in Asia.” It will soon be joined by China, South Korea, India, Sri Lanka and Bangladesh.
The most effective means of combating piracy are the Navy. However, over the past fifteen years, the Russian Navy has practically curtailed its presence in the Southeast Asian region and is not participating in the fight against piracy. At the same time, the US and British navies have reduced the number of their military campaigns in this region by 50%.
Russian warships have also stopped performing their traditional task of protecting our fishing trawlers in their traditional fishing areas. Projects for the formation of international anti-piracy naval detachments were repeatedly discussed. But all these plans faced a negative attitude from most coastal states, which fear the appearance of foreign warships in their territorial waters on a permanent basis more than pirate raids. According to experts, another solution to the problem could be to arm the crews of commercial vessels. But today only a few shipowners have resorted to such a measure.
It is believed that if there are even only a small number of automatic small arms on board civilian transport, then even more powerful anti-ship missile systems will immediately appear on pirate boats. And this will only lead to aggravation of the already difficult situation on the sea routes.

Piracy (from the Greek “peirates” - robber, pirate) in modern international law is considered a crime of an international nature.

The UN Convention on the High Seas of April 29, 1958 (Articles 15-23) defined piracy as “an unlawful act of violence, detention or robbery... committed for personal gain... on the high seas... against any vessel or aircraft apparatus, persons or property in a place outside the jurisdiction of any State." According to the Convention, all States are obliged to contribute to the elimination of piracy on the high seas and in all other places beyond the jurisdiction of any State.

One of the main international regulations in the field of maritime safety is the International Convention for the Safety of Life at Sea, 1974 (SOLOS-74), adopted within the framework of the International Maritime Organization (IMO). Initially, SOLAS-74 was aimed at organizational and technical equipment of ships to ensure their safety. Later, anti-piracy measures emerged that included international cooperation and collaboration.

The 1982 UN Convention on the Law of the Sea (entered into force on November 16, 1994) reaffirmed the fundamental principles and norms of the High Seas Convention. In Art. 101‑107, 110‑111 reproduce almost verbatim the content of the norms of the Convention on the High Seas, Art. 15‑23. The law of the sea gives a warship of any state the ability to counter piracy on the high seas.

If an act of piracy is carried out within an area covered by the sovereignty of a state, for example in archipelagic waters, then other states cannot take any measures against the pirates. This also applies to international straits if they are located in the territorial waters of states: the right of innocent passage does not make it possible to fight piracy, it is not possible to provide assistance to ships attacked by pirates, and to detain pirates using weapons. The warship is only obliged to inform the authorities of the coastal state about the incident. Pirates take advantage of this circumstance, often changing the areas of their activities and the coastal waters of states, often even hiding from prosecution in foreign territorial waters.

At a diplomatic conference held in Rome from 1 to 10 March 1988 under the auspices of the International Maritime Organization (IMO), the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation was adopted. It applies to all ships except warships; ships owned or operated by the State as military auxiliaries, customs or police purposes; or taken out of service.

Unlike the 1958 High Seas Convention and the 1982 UN Convention on the Law of the Sea, the 1988 Convention is aimed at curbing a wider range of criminal offenses. Firstly, the subject of regulation is the fight against illegal acts in international maritime shipping. Secondly, a significant difference lies in the scope of application: the 1988 Convention applies to acts committed in various categories of maritime spaces - in internal sea waters, in territorial waters, on the high seas. Thirdly, the Convention does not apply to aircraft. Fourthly, the 1988 Convention resolves the issue of the jurisdiction of states in relation to criminal attacks differently than in previous international treaties. Thus, in piracy, any state has the right to suppress (universal jurisdiction) acts of violence.

On July 1, 2004, the International Code for the Security of Ships and Port Facilities (OSPS) of the International Maritime Organization came into force, which was included as an integral part (Chapter XI-2) of the International Convention for the Safety of Life at Sea (SOLAS-74). The Code establishes unified safety standards that are mandatory for all participants in the international maritime transport of goods and passengers. The purpose of the ISPS Code is to prevent pirates from boarding a ship, but if they do enter, the crew needs to know how to reduce or eliminate the negative consequences.

The International Maritime Organization has also developed a number of recommendations to prevent and suppress piracy and armed robbery of ships:

- instructions for shipowners, shipping companies, captains and crews of ships on the prevention and suppression of piracy and armed robbery on ships (2002);

- directives for Maritime Rescue Coordination Centers (MCRC) (2000);

- temporary procedures for the Central Committee for Receiving Distress Signals (2000);

- Resolution A. 922 (22) - code of conduct in the investigation of acts of piracy and armed robbery on ships;

- Resolution A. 923 (22) - ghost ships and registration process.