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In Ukraine a new draft law on blocking of sites

В Украине появился новый законопроект о блокировании сайтовCyberpolice is promoting a new bill to block sites.

The national Commission for regulation of communications and Informatization (NCCIR) approved the draft law of the National police of Ukraine that enables to block sites for 3 years by the court.

This decision took control on February 27.

In this case, Netpolice identified the bill as deregulatory and prescribed in the explanatory note that it does not require public discussion.

According to the head of postal and telecommunications Sergey Demediuk, the draft law more than a year the debate was held on the basis of the professional associations. The purpose of the bill: to establish rules of the game and basic rules, which are characteristic of European countries.

The bill allows to temporarily block sites with information the dissemination of which is punishable by the Criminal code. The suspension period may constitute “up to 90 days with possibility to extend it to 3 years.” To block access to sites is possible only by court order.

However, if you need to prevent serious crime, to access data on servers and mobile phones is possible without a decision.

If information, including encrypted, to copy not obtained, law enforcement can seize the server for the time required to decrypt it.

In addition, the bill says that ISPs must restrict access to resources by using available technological opportunities. However, according to one of the items, providers also are required to create a list of end users of their services with all the data required for the “unambiguous and immediate identification of each end-user.”

In addition, they must store traffic data.

Market participants protested for non-compliance of the draft law of Ukraine the standards of the Convention. NCCIR approved it also noted this in his remarks.

The regulator believes that only need to block prohibited content, and not the entire resource that this information is available, as is suggested in the bill. Right can be blocked legitimate information or other resource that uses the same domain with the offender, says the regulator.

In NCCIR also felt that the rule obliging providers to create a list of end users should be reviewed. Now the Ukrainian user is not required to pass the written registration from the operator.

The head of police notes that Netpolice intends to finalize the draft taking into account comments from market participants. According to Delduca, the provisions of the bill, in particular by blocking websites that are already working in European countries and will soon be submitted to the Convention.

“Such measures are recognized and implemented by many member countries of the Convention. They considered a hybrid war Ukraine and the Russian Federation, as well as the already proven invasion of Russia in the cyberspace of these countries with the aim of influence. These countries and encouraged Ukraine to implement these norms, as in the bill,” says Demeduk.

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