The Prosecutor General's Office did not sanction the blocking of millions of IP addresses during the fight against the Telegram messenger, Roskomnadzor acted on its own initiative, it follows from the objections of the supervisory authority to the administrative lawsuit of Live Photo to Roskomnadzor and the Prosecutor General's Office, which is currently being considered by the Moscow Tagansky Court. The applicant, who owns the site posterslegends.com, demands that the actions of Roskomnadzor, leading to the blocking of the resource, be illegal and oblige him to restore access to the site.
According to the universal service for checking access restrictions on sites, this happened on the basis of the decision of the Prosecutor General's Office of April 16. But, as specified in the document that came to court (it was signed by the prosecutor of the department for the supervision of the implementation of the laws on federal security, interethnic relations, counteraction to extremism and terrorism A. Timoshin), this requirement did not mention blocking the IP address of the plaintiff. The requirement 27-31-2018 dealt with restricting access to seven accounts of the messenger, promoting the activities of a number of banned organizations in Russia in Syria, as well as four services that allow you to bypass the locks. The requirement also contained the condition that in the case of copying these materials to other resources, measures should be taken to restrict access to them. Therefore, the Prosecutor General's Office believes that it can not be a defendant in this case.
If the Prosecutor General's Office did not demand blocking of addresses in excess of those indicated in the document submitted by it, it turns out that Roskomnadzor exceeded authority, says Yukov and Partners lawyer Danil Bukharin, who represents the "Live photo" in court. Proceeding from the rules established by the government for the adoption by authorized bodies of decisions on certain materials, the dissemination of which in Russia is prohibited, Roskomnadzor can not independently analyze the content posted in the network and take decisions on including new network addresses in the register of resources to be blocked. In fact, the Prosecutor General's Office itself is quite casually treated with these rules, suggesting that the Roskomnadzor block, including mirrors of prohibited sites, the lawyer notes. In addition, it is not very clear why on April 16 it was necessary to go out with a request to block several accounts of the messenger, if on April 13, the judge of the Tagansky court, Yuliya Smolina, decided to block the entire messenger, Bukharin said.
Roskomnadzor spokesman did not answer the questions of Vedomosti, stating that the position of the department would be stated in court.
In fact, there is a competition between the two norms, says Sarkis Darbinian, a lawyer of the "Roskomvobozhda". Under Yarovoy's law, Roskomnadzor has the right to independently determine the domain name and IP address of the offender: in this case, the court adopts a decision on blocking the technical details. But the by-laws of the government that determine the procedure for executing this law oblige him to determine the hosting provider or other person providing the information resource in the network, send him a letter demanding to inform the served information resource owner about the need to take measures, and only after that the Roskomnadzor gets the opportunity to contribute the corresponding address in the register to be blocked. The mechanism for the implementation of the so-called Lugovoi law, which allows immediate blocking of harmful resources on the instructions of the Prosecutor General's Office, does not require any notification - but does not give Roskomnadzor the right to independently determine the addresses of violators, the expert points out. Apparently, this mechanism was used because it relieved officials of complex procedures. But then it turns out that Roskomnadzor has exceeded its authority, confirms Darbinian.
The victims of Telegram's blocking are hundreds of online services. Earlier, the lawyer of the International "Agora" Damir Gainutdinov told Vedomosti that when the organization launched a hotline for the victims, it received about 150 appeals. Approximately one in ten expressed their readiness to go to court, but then the number of applicants dropped sharply. The majority explained this by the fact that they have already solved the problem by other means and do not believe in the court.