网络服务提供者作为预防网络性犯罪的主体

IF 0.2 Q4 LAW
A. Zharova
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Thus, Art. 135 of the Criminal Code of the Russian Federation, which establishes criminal liability for committing indecent acts against minors, does not contain a qualifying feature - the commission of a crime through the use of the Internet.The organization of Internet relations on the Web is carried out by various Internet providers, whose activities are connected both with organizing the communications of network users and with ensuring the circulation of information on the Internet. Based on these theses, the article provides answers to such questions as can acts were committed with the help of Internet technologies to be qualified under Art. 135 of the Criminal Code of the Russian Federation, is the use of Internet technologies by ISPs effective as a tool to combat crimes against the sexual integrity of minors carried out using the Web, and what legal and technical instruments will ensure the sexual integrity of children?The study showed that the norms of the Criminal Law aimed at preventing crimes related to the sexual inviolability of minors are also applicable to acts committed using the Internet. In accordance with the legislation of the Russian Federation, violence can take the form of physical or mental impact on a person, carried out through the Internet. Regarding the possibility of committing indecent acts on the Web, it can also be concluded that such acts can be recognized as depraved, despite the absence of direct physical contact with the body of the victim.States use various methods for determining the content, recognizing images distributed on the  Web.  The  most  commonly  used  technological  tool  is  the  information  monitoring method. However, the obligation to use this method, both in Russia and in European countries, is not provided for all types of hosting providers.In connection with the analysis of Russian legislation, we can conclude that the possibilities of such hosting providers as the owners of audiovisual services and news aggregators in the field of information monitoring remained unused. 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引用次数: 0

摘要

该条的主题是俄罗斯联邦旨在确保未成年人的性不可侵犯性的立法规定。本文的研究对象是与保障未成年人的性不可侵犯性有关的关系。互联网作为另一种工具,为接触未成年人、他们的社交网页、对未成年人心理的影响以及儿童参与破坏性团体提供了便利。然而,并不是所有规定侵犯儿童性不可侵犯的刑事责任的条款都有限定特征- -这就是在执行这类活动中使用网络。因此,俄罗斯联邦《刑法》第135条规定对未成年人进行不雅行为的刑事责任,但它不包含一个限定特征- -通过使用因特网进行犯罪。在网络上组织互联网关系是由各种互联网提供商进行的,它们的活动既与组织网络用户的通信有关,也与确保互联网上的信息流通有关。基于这些论点,本文提供了以下问题的答案:借助互联网技术实施的行为是否符合《俄罗斯联邦刑法》第135条的规定?互联网服务提供商使用互联网技术作为打击利用互联网实施的侵害未成年人性完整犯罪的有效工具吗?哪些法律和技术手段将确保儿童的性完整?研究表明,刑法旨在防止未成年人性不可侵犯犯罪的规范也适用于利用互联网实施的行为。根据俄罗斯联邦的立法,暴力可以采取通过互联网对人造成身体或精神影响的形式。关于在网络上进行不雅行为的可能性,也可以得出这样的结论:尽管没有与受害者的身体直接接触,但这种行为可以被认为是堕落的。各州使用各种方法来确定内容,识别在Web上分发的图像。最常用的技术工具是信息监控方法。但是,并不是所有类型的托管提供商都有义务在俄罗斯和欧洲国家使用这种方法。关于对俄罗斯立法的分析,我们可以得出结论,视听服务所有者和新闻聚合者等托管提供者在信息监测领域的可能性仍然没有得到利用。因此,《关于信息、信息技术和信息保护》的联邦法律并没有要求视听服务所有者和新闻聚合者对互联网平台上发布的信息进行强制性监控。使用内容过滤技术不能被认为是灵丹妙药,但各种托管提供商强制使用该技术将减少分发违禁信息的可能性。联邦法律“关于信息、信息技术和信息保护”规定,要求社交网络的所有者监控其用户的内容,这只是减少在网络上发布的禁止内容数量的第一步。然而,互联网提供商使用图像和文本识别技术的要求仍然是外部的。文章使用了形式逻辑的方法和技巧——分析和综合、类比、比较、假设、证明,以确定假设并找到文章中提出的问题的答案。对国外研究反映的从网上公布的信息中确保儿童安全的做法进行的研究和比较分析,展示了可能的解决办法,使俄罗斯的经验能够与外国同行的经验进行比较,并就解决问题的办法得出结论。预测和建模的方法用于制定可能的方法来制定规章和消除俄罗斯立法中的空白。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Internet service providers as subjects of prevention of sexual crime on the Internet
The subject of the article is the provisions of the legislation of the Russian Federation aimed at ensuring the sexual inviolability of a minor.The object of the research is the relations connected with ensuring the sexual inviolability of minors.The Internet serves as an additional tool that facilitates access to minors, their social pages, the impact on the psyche of minors, and the involvement of children in destructive groups. However, not all articles establishing criminal liability for violation of the sexual inviolability of children contain a qualifying feature - this is the use of the Network in the implementation of such activities. Thus, Art. 135 of the Criminal Code of the Russian Federation, which establishes criminal liability for committing indecent acts against minors, does not contain a qualifying feature - the commission of a crime through the use of the Internet.The organization of Internet relations on the Web is carried out by various Internet providers, whose activities are connected both with organizing the communications of network users and with ensuring the circulation of information on the Internet. Based on these theses, the article provides answers to such questions as can acts were committed with the help of Internet technologies to be qualified under Art. 135 of the Criminal Code of the Russian Federation, is the use of Internet technologies by ISPs effective as a tool to combat crimes against the sexual integrity of minors carried out using the Web, and what legal and technical instruments will ensure the sexual integrity of children?The study showed that the norms of the Criminal Law aimed at preventing crimes related to the sexual inviolability of minors are also applicable to acts committed using the Internet. In accordance with the legislation of the Russian Federation, violence can take the form of physical or mental impact on a person, carried out through the Internet. Regarding the possibility of committing indecent acts on the Web, it can also be concluded that such acts can be recognized as depraved, despite the absence of direct physical contact with the body of the victim.States use various methods for determining the content, recognizing images distributed on the  Web.  The  most  commonly  used  technological  tool  is  the  information  monitoring method. However, the obligation to use this method, both in Russia and in European countries, is not provided for all types of hosting providers.In connection with the analysis of Russian legislation, we can conclude that the possibilities of such hosting providers as the owners of audiovisual services and news aggregators in the field of information monitoring remained unused. Thus, the Federal Law “On Information, Information Technologies and Information Protection” does not contain requirements for the owners of audiovisual services and news aggregators to conduct mandatory monitoring of information distributed on Internet platforms.The use of content filtering technology cannot be considered a panacea, but its mandatory use by various hosting providers will reduce the likelihood of distributing prohibited information.The requirement for the owners of social networks to monitor content by their users, defined by the Federal Law “On Information, Information Technologies, and Information Protection”, is only the first step taken towards reducing the volume of prohibited content posted on the Web. However, the requirements for the use of image and text recognition technologies by Internet providers remained outside.The article used the methods and techniques of formal logic - this is analysis and synthesis, analogy, comparison, hypothesis, proof in order to determine assumptions and find answers to the questions posed in the article.The study and comparative analysis of the practice of ensuring the safety of children from information posted on the Web, reflected in foreign studies, demonstrating possible solutions, made it possible to compare Russian experience with the experience of foreign colleagues and draw conclusions about approaches to solving the problems.The methods of forecasting and modeling are used for formulating possible ways to develop regulation and eliminate gaps in Russian legislation.
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