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Book "Internet & Law"
(Brief contents of basic edition)

Foreword

Nowadays Internet is not an unusual thing for whatever person any more. It has become available for everyone as a universal means of getting any information in any language and in any country. Internet is simple and clear. Clear for every person. But not for the lawyer…

A question of Internet legal regulation is especially urgent not only in Russia but worldwide. Many Internet fragments can still be considered as an illegal space where copyright, trade mark and brand rights are broken, slander is widespread, personal data is mixed up.

This book can be considered as an attempt of a lawyers’ creative glance at various processes taking place within Internet. Its language is not scientific and unappealable. Moreover, the author tried his best to get rid of difficult legal constructions and to focus on Internet users as the wide range of possible readers and others to whom it may concern.

Internet: yesterday and today

October the 4^th was the day of global event in USSR – for the first time in human civilization an artificial satellite was launched. This event seemed to be somehow connected with Internet. Global network was born either on September the 2^nd or on October the 20^th,1969. Maybe it was January the 4^th,1983 or May the 17^th, 1991.

This section contains short history of computer network, mailing system and @ symbol arising and Russian network (Runet) development. What is Runet today?

State And Internet

It is not a secret that nowadays global changes in the whole world are caused by constant civilization development. Unreal researches, which used to be common on in science fiction come true in real life. It was unusual yesterday but is quite obvious today.

Short analysis of international and national documentation within information sphere.

Informational society and electronic government.

E-government development in USA, Great Britain and Russia Worldwide development and e-government concepts statistics.

Short characteristic and informational development technologies analysis and Federal program “E-Russia”.

Domain names

 Legal programs of domain names.

Description of domain names system is given in this Section.

Cybersquatters, Typesquatters.

Legal analysis of correlation of brand and domain name, domain and trade mark. Review of changes in the Law on trade marks.

Domain names analysis of opportunities as trade mark. Ways of solving domain names disputes. Detailed review of home practice of domain disputes in 1999-2000. Amendments in the order of domain names registration. Native companies participation in domain disputes in other zones.

Foreign way to solve domain disputes.

It is common knowledge that on October 1999 International Corporation on Address Names in Network accepted two important normative documents that stated completely new procedure of international arbitrational trials concerning rights on using domain names: Uniform Domain Name Dispute Resolution Policy or UDRP, (hereinafter Politics) and Rules for UDRP (hereinafter- Rules).

The Rules and the Politics created new system out of court settlement of disputes for investigation cases of domain registration with speculative intents. Using this system formed in terms oа special Arbitrary centers tribunals, makes decisions on disputes between trademark and owner of common domain name.

Many times Russian companies and citizens took part in domain trials under the rules of the said procedure.

Brief characteristic of proceeding in arbitrary centers. Describe procedure is close to arbitrary, but has some differences and procedure peculiarities. UDRP’s advantages and disadvantages.

Tends and opportunities of domain trials.

Russian court practice on “Domain” trials, unfortunately, showed complete inability of Russian justice to solve such cases. Intellectual property theme is not a widely spread category of cases, still more so is the Internet sphere.

Having recently appeared, it has no adequate legal basis preparation of legal stuff.

Possible ways of solving domain disputes in our country. Opportunities of applying UDRP in SU and RU domains.

Site (Contents and form)

This section gives common analysis of the site from legal point of view. Site and data-base, site and mass media correlation.

Legal aspects of informational contents of the site. Participation in Banner networks.

Using mega- tags. Legal estimation. Foreign court practice.

Making hyperlinks. Legal estimation. Native and foreign court practice. Rules of making hyperlinks.

Dynamic pages. Peculiarities. Characteristics.

Site and mass media advertisements and disadvantages of mass media status. Register or not? Legislative contradictions.

State standard on e-publications.

Software

Legislation analysis in this sphere. Details of order and procedures of program registration in ROSPATENT. Order of registration on home software in the USA. Right and obligation of software developers and users.

Program-technical (demand in legal support) and legal difficulties, software users have.

License agreement. Shrinkwraр license. GNU General Public License. Notion. Content.

Copyright

 Common questions.

Detailed investigation of copyright problem within Internet. Different copyright objects in the Network.

“All rights reserved” - history, sense and assignment of the words.

Corporate production. Notion. Peculiarities.

Electronic production (what is e-production). Notion and legal order.

Responsibility for copyright violation.

Collective management of property rights in digital sphere. ROMS. Assignment.

E- libraries and copyright.

Copyright protection. Aims and methods (technical and legal).

Responsibilities for violating copyright and смежного права.

Sanctions for violations. Tends and opportunities.

International sphere.

“Copyright has territorial character and differs in every country. Productions, guarded on territory of one state may not have it on territory of another, especially if there are no agreement on joint copyright acknowledgement and protection.

National norms which regulate copyright are formed not only on legal basis but also on court practice.

This complicates legal protection of e-products and does not help to regulate legislation within Internet. This is defiantly a problem for lawyers, but not for ordinary Internet users who are satisfied with common “game rules” within global network.

This Section represents basic information concerning copyright applying to digital sphere in USA and Europe so that readers could understand level and possibilities of their rights defence abroad and take a glance at worldwide and Russian legal development.

Basic international documents on copyright in digital sphere.

American and European copyright legislation.

Internet archive projects.

E-mail messages

E-mail messages legal status (mail, ICQ, SMS). Legal peculiarities.

Corporate and state control upon e-mail messages. Legal estimation.

Spam. Notion, legal estimation. Problem history. Modern statistics. Legal methods of defence from spam. Spam and Advertisement Law.

Advertisement

Legal estimation of the advertisement. Advertisement in banking messages and on site pages. What is allowed? Banners and legislation on Advertisement.

Political advertisement (evectional agitation) in Internet. Federal Law “On basic guarantees of election rights and right to participate in referendum for Russian Federation (RF) citizens), Federal Constitutional Law (FCL) “On RF referendum”, Federal Law “On Russian Federation Presidents Election”, Federal Law “On State Parliament of Federal Assembly Russian Federation Deputies Election” Federal Law “On political Parties”.

Responsibilities on Advertisement law violation.

E-documents flow

Rapid technological development has led to things, recently impossible, especially for a lawyer. It is possible to fill and send tax declaration or sign a contract with a partner from another continent. Shift to e-documents flow makes it possible within seconds.

In creation of e-documents flow Russia remains behind other countries. We started this process not long ago, but abroad, concluding contracts on the basis of information exchange without paper is being spread since the beginning of 70^ies of the last century. After appearance of digital virtual computer networks as well as Internet, development of e-documents flow has created both quantity and qualitative jump.

History of national legislation in the sphere of document flow. European and American legislation on EDF, CDS, ES, DS. Modern law on EDF and world experience.

Personal data in the Network

Today Internet absorbed all positive and negative information – it is a global library and black mail store, world’s reference book and guide for terrorists at the same time. It is easy for everyone to find any information about anybody.

Section is devoted to separate aspects of net information, making user the most vulnerable for criminals.

State control (Eshelon, Russian echelon). Legal estimation.

Blackmail in the network. Responsibility.

Cookie. Notion and legal estimation.

Legal aspects of personal data in the Network.

Computer crime

Hacking, penetration of close computer nets. Brief legal estimation.

National legislation, responsibility.

National cases of computer crime within last years.

Foreign national legislation (USA, G.B., Canada, Germany, France, Sweden, Netherlands, Denmark, Switzerland, Spain).

International legislation: Europe, CIS.

Educational course “Internet & Law”

Internet commercial potential and state regulation full realization is possible only at a glance of a highly qualified lawyers who are aware of both legal and technical sides of Internet and are ready to improve national legislation in the above sphere. Moreover, they are ready to represent Russian interests on the international stage. It is a pity that nowadays Russia does not have a satisfactory educational basis to improve lawyers’ skills. Yet a problem of highly qualified specialists is especially urgent today.

Many technical universities are trying to launch various legal courses which give random judicial knowledge to their attendants. Absence of educational literature in the above sphere causes great damage to common level of specialists training. As a result this may cause Russia distraction from most powerful states of information society and afterwards will not let our country become its equal participant.