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Previously, it was common to send a letter by post to the author's own address withtheauthor'scopyenclosed.Thepostmarkconfirmedthedateofcreation,andthe envelope was kept until a dispute arose. The method was ad hoc and very unreliable because of the risk of losing the envelope and of the postmark being obliterated by time. In addition, it is not technically possible to send all kinds of works by post.

With notarial confirmation, the risk of losing the documents is minimal, and they can be recovered from the registers. But while this method is suitable for works of literature,itisnotformusicalworks.Furthermore,notarizingthecreationdateofalargevolume document is expensive.

The work can be lodged with an author's society, such as the registry of the Russian Union of Right Holders1. In this case the author will spend a lot of time for signing an agreement with the society, sending signed agreement by post and other paperwork.

Many authors think it is enough to post their work with their name on a website, blog or any other Internet resource. But in this case it is hard to prove the date of publishing the work, and it is even impossible to prove the principle of priority.

By the way, the problem of fixing the author's name and the date of creation is also true for industrial property objects — while the patenting process is lengthy and there is a risk of disputable situations.

Modern digital data storage services, a kind of electronic registers of copyright copies, do not have all the above disadvantages. They can also provide users with ancillary services and documentary evidence of authorship and creation dates of works. Examples of such registries are the registries of authors' organizations like the Russian Union of Right Holders or commercial registries like COPYTRUST.

The register is based on the principle of deposit. Deposit is a way of objectifying a work in a particular form at a given point in time and attributing authorship to a particular person by depositing a copy of the work with a designated authority2.

The process of protecting the priority of copyright in registries is simple and consists of three steps:

1. First, the system identifies the object. Identification is a method of forming a «digitalfootprint»whichallowsonesimilarobjecttobeguaranteedtobedistinguished fromanother.Identificationiscrucial,forexample,whenconcludinganexclusiverights

1 Реестры //Российскийсоюзправообладателей :[сайт].URL: https://rp-union.ru/reestr/.

2Москаленко И. А. Регистрация произведений как инструмент защиты авторских прав

втрансграничныхотношениях(сетьИнтернет) //Актуальныепроблемыроссийскогоправа. 2019. № 3 (100).

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transfer agreement, where it is important to specify which object is being bought and sold. Inaccurate identification of the subject matter in the contract may result in the contract not being concluded, as it is not sufficient to specify in the contract the name oftheworktobeacquired.Itisnecessarytodescribethecharacteristicsanddistinctive features of the subject matter agreed upon by the parties.

2.Afteridentification,thework isassignedacertainregistrationcode.Atthat,the identifiedreferencecopyshallrelatetotheinformationontheauthor,otherrightholders, title, date of creation and other registration information on the object.

3.The data is then placed in the register along with timestamps. In this way, the existence of a particular work with its parameters at the time of registration is confirmed, that is the indispensable proof of authorship in case of disputes.

There are different levels of access to the information during the storage process. Only the registration information — title, date and place of creation, information on authors and rights holders — is published in the registry. Reference copies are only available to the account holder and are not published in the registry.

While this mechanism is indeed better than previous methods, it is rather slow in terms of responsiveness because the author has to contact the depository to request the master copy and wait for a response, and also unreliable because the depository company may go into liquidation along with its registry.

In this case, the solution is to store the work in a public, decentralised registry — in blockchain.

This method has a cost advantage over the others — by leaving the file in the blockchain, the author will not have to pay a notary or the depositary company. It also has the same legal validity as the above and does not force you to rely on the viability of any organisation.

Similar services already exist: Proof of Existence, Emernotar.io, a joint Bitfury and PatentBot solution. They all work in the same way: the uploaded file is hashed and the result (a unique fingerprint of the file — the hash) is written into the blockchain. If verification is needed, the hashing operation is repeated, and the resulting hash is compared with the hash stored in the blockchain. A hash match ensures that a particular file was entered into the blockchain at a particular point of time.

If it is necessary to use proof, the author who made the entry in the public blockchain must prepare the wording for the lawsuit and perform the hashing operation again.

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The result of the re-hashing must match the hash written into the blockchain. After the operation, all that remains is to explain to the court what hashing is and how the blockchain works.

To conclude, new advantages provided by never-ending IT development are changing the reality. And to regulate new situations, we should use new services. One of themis blockchain,and it gives a new way of protection ofauthor's rights by making a reference file of protected work, hashing it and putting it into decentralized public registry. It will lead to the minimization of violation of copyright.

Дощечникова С. С., Щербакова С. И. Университет имени О.Е. Кутафина (МГЮА)

Студенты

Impact of the Internet on Human Rights: Observance and Implementation

Abstract. The Internet has become a big part of our life nowadays. It has affected not only the ordinary aspect of living but also has changed the view on our rights and freedoms. Keywords: human rights, freedom of expression, right to a private life, cybercrimes.

Since the invention of the internet the concept of people's rights has changed as never before. The fact that now anybody can exercise their fundamental rights and freedoms not only in real life, which could be called offline,but also via media, streaming platforms, and other online resources that the Internet offers. On the one hand, thishasgreatlywidenthespectrumofpossibilitiesinthewaysofbeinganactivecitizen, forexample,expressingyoursocialorpoliticalopinion.Butthereisalwaysanotherside of a coin that can be a threat to people's digital and physical safety.

Initially, it is worth mentioning the freedom of expression. The key benefit that the internet brings with its existence is an almost unlimited ability to express one's opinion regarding any topic that is important in the society. Considering that, the Parliamentary Assembly of the Council of Europe has dualistic judgement that would be appliedtoregulatethisfundamentalfreedomor,bettertosay,toprotectitfromeither abuse or deprivation. The report of the Committee on Culture, Science, Education and Media says that it is important the open internet is guaranteed and no discrimination

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of access to content and services is practiced by public authorities or non-governmen- tal operators1. This position is justified with the fact that freedom of expression has become the base of democratic society and should not endure any restrictions in the modern world2.

However, there is still a lot to be done to provide counteraction to these dangers that have been brought by abuses of the right to freedom of expression and information on the internet, such as incitement to discrimination, hatred and violence aimed at women or ethnic, religious, sexual, or other minorities in particular; child sexual abuse content; online bullying; the manipulation of information and propaganda; and incitement to terrorism. Every person should feel secure about what they say on the Internet, but not in the way of getting away with neglecting the dignity of others.

The Resolution 7/36 is worth mentioning as well. It recognized the significance of allformsofmediaincludingtheInternetandstatedthatitservedasatoolofpromotion and protection of the right to hold opinion and express it in any way possible via Internet sources, but the information should be delivered in a fair and impartial manner considering the fundamental rights and freedoms of other users3.

In Russia the Government pays respect not only to the freedom of expression via the Internet itself but also tries to protect citizens from unreliable information, especially of that kind that would cause discrimination or affect the rights and freedoms of other users in a humiliating way. Federal law on «The media» obliges the media sources, including those on the Internet, to be registered. This policy does not have much impact on the freedom of speech, but it is a means of assurance that the newlymade media will respect the rights of others and will not violate their rights4.

Right to a private life is an equally important right that is worth mentioning. It is common nowadays that people share personal data and give their permission on processing it. Even though the monitoring of an individual's actions on the Web itself does not count as an interference in private space, the recording and subsequent use of the

1 Resolution 2256 (2019). URL: http://assembly.coe.int/nw/xml/XRef/Xref-XML2HTML-en. asp?fileid=25407&lang=en (accessed 12 October 2022).

2 Resolution 2256 (2019). URL: http://assembly.coe.int/nw/xml/XRef/Xref-XML2HTML-en. asp?fileid=25407&lang=en (accessed 12 October 2022).

3 Resolution 7/36 — Mandate of the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression (2008). URL: https://ap.ohchr.org/documents/E/HRC/resolutions/A_HRC_RES_7_36.pdf (accessed 12 October 2022).

4 Federal law on «The media» (1991). URL: http://www.consultant.ru/document/ cons_doc_LAW_1511/ (accessed 12 October 2022).

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data surely does. In some cases, users knowingly express the consent for their information to become available. Such instances take place when we talk about Governments that gather data and exercise control in order to deliver public services (such as health) and public goods (such as security). It is clear that personal information will be properly stored and protected since it is used for the sake of citizens' well-being. But it isactuallytheabilitytocollectdatatogainunprecedentedinsightsintobehavioursand preferences of the internet visitors that pose a threat to the fundamental right to private life. All these volumes of personal information can leak and be possessed by intruders to create a ground for blackmailing.

The United Nation created certain rules that should lower the risk of data falling into the wrong hands. The Charter of Human Rights and Principles For the Internet obligesdatacollectorstomeettransparentprivacy-protectingstandards,whichshould be enshrined in every legislation. It includes the requirement of minimum data usage and deletion of one after a short period of time or immediately after usage itself. Also, this charter states that everyone has a right to access, retrieve and delete the personal data collected about them, so people are not only protected from unlawful collection of data, but also have a possibility to restore the violated right1.

Russia as a democratic state follows the international requirements in the private life area. The federal law on «Personal data» outlines the main principle of usage of personal data by its collectors, regulates the procedure of its processing, declares the measures to ensure compliance of collectors' obligations regarding the procedure of using data and many more2.

As for cybercrimes, nowadays they pose a threat to human rights such as right to privacy,righttosecrecyetc.Thatiswhythesefundamentalrightsneedtobeprotected.

Apparently, all security measures must be consistent with international human rights law and standards. Thus, when security measures restrict another human right (for example, the right to privacy or the right to freedom of expression), they turn out to be illegal, except for certain circumstances. In addition, all restrictions must be precise and narrowly defined. They must be the minimum necessary to meet a genuine need which is recognized as legal under international law and proportionate to that need.

1 The Charter of Human Rights and principles For The Internet (2011). URL: https://www.ohchr.org/sites/default/files/Documents/Issues/Opinion/Communications/InternetPrinciplesAndRightsCoalition.pdf (accessed 12 October 2022).

2 Federal law on «Personal data» (2006). URL: http://www.consultant.ru/document/ cons_doc_LAW_61801/ (accessed 12 October 2022).

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Therefore, the Assembly recommends that the member States of the Council of Europe focus their internet governance work on the protection of human rights, fully implementing the recommendations of the Committee of Ministers in this domain1:

—consider holistic policies for combating computer crime and abuse of the right to freedom of expression and information on the internet;

—such policies should draw not only on up-to-date criminal legislation but also onstrengthened meansofprevention,includingthesetting-upofpoliceforcesspecial- ised in detecting and identifying online criminals and equipped with appropriate technical resources;

—awareness raising and improved education for users;

—enhanced co-operation with internet operators and greater accountability on their part.

The Assembly also emphasizes that children need special protection online and that they need to be educated about how to avoid danger and to benefit as much as possible from the Internet. The member States of the Council of Europe, together with all relevant stakeholders, must make full use of the Committee of Ministers Recommendation.

AsfortheRussianlegislation,theCriminalCodeoftheRussianFederationincludes cybercrimes and provides for criminal liability for them. For instance, article 272 says thatillegalaccessingoflegally-protectedcomputerinformation,thatis,informationon machine-readable media, in computers, computer systems, and their networks, if this deed has involved the destruction, blocking, modification, or copying of information, or the disruption of the work of the computers, computer systems, or their networks, shall be punishable by a fine in the amount up to 200 thousand roubles, or in the amountofthewageorsalary,oranyotherincomeoftheconvictedpersonforaperiod upto18 months,orbycorrectivelabourforatermof6to12 months,orbydeprivation of liberty for a term of up to 2 years2.

Tosumitup,theInternethassplittheconceptofpeople'sfundamentalrightsand freedoms into two parts. On the positive side it has brought a new field where any individual can exercise them, but also it has empowered the intruders with the new tools of causing harm to innocent people.

1 Resolution 2256 (2019). URL: http://assembly.coe.int/nw/xml/XRef/Xref-XML2HTML- en.asp?fileid=25407&lang=en (accessed 12 October 2022).

2 The Criminal Code of the Russian Federation (1996). URL: http://www.consultant.ru/document/cons_doc_LAW_10699/ (accessed 12 October 2022).

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Елисеева Е. В. Университет имени О.Е. Кутафина (МГЮА)

Студент

Problems of legal regulation and copyright protection on the Internet

Abstract. the article raises the problem of copyright compliance on the Internet, the complexity of controlling cyberspace for the protection of the copyright holder, as well as the formation of appropriate legislation. In addition, this article suggests possible options for improving the mechanism for monitoring copyright compliance on the Internet.

Keywords:copyright,protectionofauthors'rights,Internet,information,intellectuallabor.

In the presentage ofhigh-tech communications, humanityhas the opportunity to freelyexchangeanysortofinformation.Thetheoryofthe«globalvillage»1 hasbecome more real than ever. After all, due to the Internet, people are able to continuously and commonly share audio recordings, videos, texts, programs and other electronic files. The development of information networks is gradually turning the world into a single information and communication space.

Despite the obvious benefits that the Internet brings, there are a number of unresolved problems. Thus, one of the most important issues is the problem of copyright protection on the Internet, which is especially related to their economic component. However,themodernlegislativesysteminthisareaisimperfect.Neitherthelegislation of the Russian Federation nor international legal acts are able to effectively and properly regulate and protect copyrights on the web.

A sharp leap in the development of computer technology has inevitably led to the formation of a new digital reality. Today, information and intellectual labor are the most important economic factors of production along with the traditional ones: land, capital, labor and entrepreneurial abilities. In the modern world, the greatest competitive advantage is the one in whose hands valuable knowledge in any form is concentrated. Thus, illegal acquisition of the result of someone's intellectual labor and its illegal use leads to the loss of the author's profit and violation of his rights. Consequently, for this reason, it is necessary to establish appropriate legal regulation in this area.

In 2020, Russia was included in the list of countries that «have serious shortcomings in the field of intellectual property rights protection and require increased attention»2. This only indicates once again that the problem of copyright protection is acute

1 McLuhan M. Letters of Marshall McLuhan. Oxford University Press, 1987. P. 254. 2 Special 301 Report of the U. S. Trade Mission published on April 30, 2020.

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in the country. However, there is no comprehensive (codified) legislation on the Internet, much less regulation of copyright at the digital level, in any of the countries of the world. The existing legal (by-laws) acts regulate only private aspects of the functioning of the network. Thus, it is necessary tolobby for the adoption of relevant laws not only at the national but also at the international level.

The problem of protection and regulation of copyright and intellectual property on the Internet is caused by a number of reasons. First of all,this is due to a sharp leap in the development of information technology. Often they are significantly ahead of the change in people's culture and their attitude to intellectual property: the habit of thinking in terms of the practical world, the world of things, persists. Thus, a private user may not always realize that he is violating someone's copyright in cyberspace because of ignorance of the law or deliberate violation for his own benefit.

It is also connected with the accessibility, extraterritoriality and anonymity of the World Wide Web. On the one hand, these properties of the Internet can be a boon. Thus, public availability can contribute to the implementation of copyright (the selfexpression of the author and the access of others to his work), and anonymity allows for the protection of these rights (for example, the protection of personal data of users). But on the other hand, their abuse can lead to Internet piracy and fraud.

Interestingly, both at the international and at the national level, the opinion is often expressed that the regulation of copyright on the Internet does not correspond to its very essence as a place of «freedom» and slows down the development of the network, interfering with its information content

However, it is the lack of real legal protection that often deters authors and copyrightholdersfrompostingtheirmaterials online.Afterall,itwillbe muchmore difficult for them to make a profit: no one will want to pay for a universally available product. Thus, it can be noted that the problem lies not only in the absence of appropriate legislation but also in the legal culture of society.

In the domestic legislation copyright is, first of all, a sub-branch of civil law. Thus, Chapter 70 of Part 4 of the Civil Code of the Russian Federation establishes general provisions, objects, methods of copyright protection and measures of civil liability. In addition, liability for infringement of copyright and related rights is provided for in the Criminal Code of the Russian Federation and the Code of Administrative Offences of theRussianFederation.However,theprovisionsconcerningtheregulationandprotectionofcopyrightsontheInternetareestablishedonlybyFederalLawNo. 187 FZdated 02.07.2013 «On Amendments to Certain Legislative Acts of the Russian Federation of Intellectual Rights in Information and Telecommunication Networks».

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Oneofthemostimportantinternationallegalactsoncopyrightprotectionarethe Berne Convention for the Protection of Literary and Artistic Works of 1886, the World Copyright Convention of 1952 and the Stockholm Convention on the Establishment of the World Intellectual Property Organization (hereinafter — WIPO) of 1967. But even in them, for obvious reasons, there are no necessary provisions in the field of digital copyright regulation.

Currently, there are three main most extensive categories of copyright offenses ontheInternet:plagiarism,piracyandcybersquatting(illegaluseofdomainnames).Of course, this list is not exhaustive, because there are many types of fraud, also related to copyright. However, it would be advisable to give examples of how the problem of copyright protection is currently being solved both in foreign and national practice.

The most reliable and at the same time effective way to combat Internet piracy was developed in France. Hadopi Law «three warnings»1. Step one: a complaint letter is sent to the violator. Step two: if the violation is repeated within 6 months after the firstclaim,aregisteredletterissenttotheviolator.Stepthree:iftheordertoeliminate violations is not fulfilled, then the case of the violator is sent to the court, which can impose a penalty in the form of a fine. The maximum fine is 1,500 euros.

In Russia, in accordance with Part 1 of Article 46 of the Criminal Code of the Russian Federation for attribution of authorship (plagiarism), such types of liability as a fine, arrest, mandatory and correctional labor are provided. According to Article 7.2 of the Administrative Code of the Russian Federation «Violation of copyright and related rights, inventive and patent rights» for individuals, the fine varies from 1,500 to 2,000 rubles, for officials it is from 10 to 20 thousand, for a legal entity the fine is from 30 to 40 thousand rubles.

An example of a harsh measure of responsibility can be cited from Japanese law: any Internet user who illegally downloaded a file from the Internet (of any content) is punished by imprisonment with work for a period of no more than ten years or a fine of no more than ten million yen, or two types of punishment are applied2.

This comparison shows that the methods ofcombatingcopyright infringement on the Internet are very diverse, from the most reliable to the most radical.

TheInternet isa complexlyregulatedsystem.In ordertomanageit,itisnecessary to do it comprehensively. First of all, of course, it is necessary to finalize legislation taking into account the opinion of society and, most importantly, the opinion of Internet-

1 HADOPI Law of October 22, 2009.

2 Copyright Law of Japan Article 119.

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oriented companies. Secondly, in order to reduce the level of illegal use of content\, it isnecessarytodevelopalegalcultureandlegalawareness,instillinpeoplearespectful attitude to intellectual work. In addition, it is necessary to popularize the use of such siteswhereapersoncanlegallywatchmoviesandlistentomusicforacertainsubscription fee or by subscription. And finally, it is necessary to create a separate organization or relevant structures in law enforcement agencies that would deal with issues of copyright protection on the web.

Thus, itcan benoted that theproblem of copyright protection on the Internet lies notonlyintheabsenceofappropriatelegislationbutalsointhelegalcultureofsociety. All this cannot remain without the attention of the public authorities, and therefore without regulation of the Internet.

Конова К. В., Яркина Д. Д. Университет имени О.Е. Кутафина (МГЮА)

Студенты

Legal regulation of the Internet in the Russian Federation

Abstract. In this article the problem of legal regulation of the Internet is raised. Various views on the legal nature of such a phenomenon as Internet are considered. A list of legal relationsthatneedtobesubjecttodetailedregulationintheInternetenvironmentisbeing formed. There is a certain example of gap in the modern Criminal Code of the Russian Federation. Methods and ways of improving the legislation are suggested.

Keywords: Internet, legal regulation, legal status, legal nature, extortion, special virtual space, spam attack, gap in criminal law, digital law.

In the modern society there are various achievements of scientific progress such as multifunctional gadgets and particular useful devices. The popularization of these technical means has led to a significant increase of number of Internet users. Thereby, globalization and informatization appeared and began to develop. However, despite the fact that the Internet is prevalent and public-accessible, the question of its legal regulations remains open.

To date there are no legal, comprehensive or universally accepted definition of `Internet`inRussiaorinthewholeWorld1.Duetotheabsenceofsuchdefinition,there arenumerousauthor'spointsofviewofthelegalnature2 ontheInternetsuchas:1) the

1 ChebotarevaA.A.Informationlaw:textbook.allowance.M.:LawInstituteofMIIT,2014.160p. 2 Bystrov A. K. Legal nature of the Internet // Issues of Russian and international law. 2016.

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