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Антон Калинин
Legal regulation of the Internet
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At the moment, it ca
The Russian legal doctrine presents various points of view on the subject of information law. The most common position is that the subject of information law includes information legal relations, i.e. public legal relations that develop about information in the information environment and arise during the creation, search, collection, transmission, processing, storage, distribution and consumption of information. In our opinion, such an understanding of the subject of information law is absolutely legitimate and justified. At the same time, there are other opinions on this matter. For example, A. A. Tedeev notes that “the subject of legal regulation of information law should be public relations formed in the process of electronic activities (humanitarian and economic) and carried out in the information environment.” By implying the term "information law", we mean Internet law, while it is unclear what information legal relations outside of electronic activity should be attributed to (for example, issues of confidentiality of information, personal data, etc.). D. A. Lovtsov notes that "historically, there has been a system of the information law branch that currently unites a number of such subsectors, – as the law of information security; – media law, – or the law of mass media; competent law Internet law, or the law of telematics networks regulating certain types of information relations in the infosphere. And being, in turn, a special kind of social relations.”
Of course, the Internet is a software information system, but one should not put an equal sign between public relations related to the organization and functioning of the Internet and information relations that are the subject of information law. Undoubtedly, the relations associated with the creation, receipt, and dissemination of information constitute a fairly large circle of public relations on the Internet, but the latter are not limited to them. In the field of the Internet, technical relations are of great importance, related, for example, to the provision of technical access to the network, website hosting, the use of electronic signatures, technical means and remote access servers (for example, Internet banking, a portal of state and municipal services, a taxpayer's personal account, etc.) In addition, legal regulation of the Internet is often associated with with issues of competition, copyright, international, competent and entrepreneurial, consumer and other branches of law. Therefore, in our opinion, in the theoretical and conceptual theory, it does not seem quite correct to consider Internet law as a sub-branch of information law, since the range of public relations regulated by law on the Internet is wider.
The point of view of I. M. Rassolov, who considers Internet law as an intersectoral institute of law, deserves special attention. In this sense, the author defines Internet law as “objectively isolated within various branches of law (and, above all, information, international, private and public law) a set of interrelated legal norms united by the commonality of regulating relations in the virtual space of the Internet.” He also notes that Internet law, being a complex institution, ca
In Russia, the importance and significance of Internet law is becoming more and more realized by representatives of the legal community every year. Recently, there have been more and more studies in Russia devoted to the consideration of individual problems related to the functioning of the Internet. For example, much attention is paid to the protection of intellectual property rights on the Internet (including the problems of “piracy”), computer crimes and offenses (most of which are committed using the Internet), issues of legal regulation of electronic communication. The Internet also presents works devoted to the study of the legal concept of the Internet, the legal status of individual subjects of the Internet sphere (registrars, providers, bloggers) and objects of legal regulation.