THE CONCEPTUAL FRAMEWORK OF THE INFORMATION AND TELECOMMUNICATION LAW: ENFORCEMENT ISSUES
Authors:
1.
The Institute of Legislation and Comparative Law under the Government of the Russian Federation
(otdel administrativnogo zakonodatel'stva i processa, zamestitel' zaveduyuschego otdelom)
Russian Federation
Russian Federation
Type:
Article
Pages:
from 0
to 0
Status:
Published
Received:
19.09.2016
Accepted:
19.09.2016
Published:
19.09.2016
Language:
Russian
Keywords:
information and communication technologies, internet, conceptual framework, terminology, communications provider, information broker, blogger, organizer of the information dissemination in internet, a provider, new offenses.
Abstract (English):
This article analyzes the existing conceptual framework of the information and telecommunication law in general and those norms, which recently have been included into the legislation of terms and their definitions, and relation of the terms used. It is shown that information law and communication law are heavily influenced by the information and telecommunication technologies, the Internet. First and foremost these technologies are sources of new terms in law. It is noted that the use of Internet technology arises questions in legal science: whether regulation is required within emerging relationships, whether it is possible to apply existing "traditional" legal norms and whether law is really able to influence these relationships. Given the fact that a mandative feature of norms established by a State should be legal certainty, it is necessary to adapt the new terms to law, to include them into the framework and to provide adequate definitions.
This article analyzes the existing conceptual framework of the information and telecommunication law in general and those norms, which recently have been included into the legislation of terms and their definitions, and relation of the terms used. It is shown that information law and communication law are heavily influenced by the information and telecommunication technologies, the Internet. First and foremost these technologies are sources of new terms in law. It is noted that the use of Internet technology arises questions in legal science: whether regulation is required within emerging relationships, whether it is possible to apply existing "traditional" legal norms and whether law is really able to influence these relationships. Given the fact that a mandative feature of norms established by a State should be legal certainty, it is necessary to adapt the new terms to law, to include them into the framework and to provide adequate definitions.
Keywords:
information and communication technologies, internet, conceptual framework, terminology, communications provider, information broker, blogger, organizer of the information dissemination in internet, a provider, new offenses.
information and communication technologies, internet, conceptual framework, terminology, communications provider, information broker, blogger, organizer of the information dissemination in internet, a provider, new offenses.
1. Voynikanis E. A. Monitoring i blokirovanie dostupa k informatsii v seti Internet. Aktual´nye tendentsii v regulirovanii i praktike ES. URL: http://raec.ru/analytics/detail.php?ID=1695 (data obrashcheniya: 20.05.2016).
2. Zerkalo Runeta. URL: http://thelocalhost.ru/friking/.
3. Svod zakonodatel´stva SShA. Titul 17. Paragraf 512(d).
