Maxim Ali has assessed amendments to the Law on Information, which will enter into force on 1 October 2020

On 1 October 2020, amendments to the Law on Information will enter into force, introducing the concept of “software application” and providing for the procedure for blocking mobile applications that violate copyright and related rights. The final bill also included changes to the rules on restricting access to information disseminated in violation of the law (for example, calls for riots, extremism and participation in illegal public events).

For Advokatskaya Gazeta, the IP/IT Head at Maxima Legal, Maxim Ali, commented on the bill.

“Along with information systems and computer programs, the legislator introduces two new entities: software applications and information resources on which they are located. This, most likely, is intended to target mobile applications and marketplaces”, Maxim suggested. “It is surprising that the conceptual apparatus of the law, according to deputies, regularly requires constant changes. The explanatory note even explicitly states that amendments are made to eliminate legal uncertainty. Although, in my opinion, the formation of a uniform practice is, rather, the task of the Supreme Court.”

Maxim Ali also suggested that the lawmakers instead proceed with establishing the same rules between the owner of mobile apps and marketplaces with those for sites and hosting providers. The lawmakers’ final goal is, of course, to block illegal mobile applications. Maxim emphasised that “the State Duma did not forget to include amendments to the Law on Information protecting the state. For the purpose of blocking information about rallies and extremist information, an unprecedented measure is proposed – blocking the marketplace as a hosting provider. Whether this tool works technically is not known. But it enables government agencies to make a quick sweep of marketplaces to remove objectionable mobile applications.”

In his opinion, it is necessary to think about whether there really is a problem of ignoring marketplace requirements for the removal of controversial applications. “If you try to find LinkedIn in the Russian AppStore, which is blocked, then you are unlikely to succeed. It turns out that the amendments may not be as relevant”, explained Maxim Ali.

To read the full article (in Russian), please see the Advokatskaya Gazeta website >>>