What did we propose to do with state websites 10 years ago, when the Government matured to understand the problem, and what could come of it if the draft law of the Ministry of Finance is adopted in its current form.
In short, the funniest thing that can happen is that the official websites of government agencies will be able to freely have an address in the .XXX domain. And now, when I have drawn your attention, let's talk about this bold legislative initiative of the Ministry of Digital and Co in more detail.
In 2010 came into force a law number 8 of the Federal Law "On providing access to information about the activities of state bodies and local self-government bodies" (hereinafter - the 8-FZ), which introduced in the legal turnover of the term "official site of the state body": site information - Internet telecommunication network, the e-mail address of which includes a domain name, the rights to which belong to a state body or a local self-government body .
Then we are for the first time drew attention to the problem: almost a third of federal government bodies did not have websites that even corresponded to this crooked definition (and one had none at all). Those. domain names for the websites of 25 government agencies were administered by state-owned enterprises, private shops or even individuals.
At the same time, a discussion began about whether a state body has the right to transfer the right to administer its website to a subordinate state-owned enterprise. We believed that the law clearly states - no, several government agencies did not agree, the Prosecutor General's Office took our side and ordered the disputants to rewrite the domains for themselves. It's been 10 years since last yearTwo state bodies - the Ministry of Internal Affairs and the Administrative Department of the President - remained among the alternative ones that understood the requirements of the law.
Over the same 10 years, the Prosecutor General's Office turned 180 degrees and stopped seeing this as a violation of the law. Rather, the prosecutor's office, as it turned out, did not have a single position at all and made completely different decisions on the same circumstances. This is a long story, to which we will return in a couple of weeks in an article timed to coincide with the release of a fresh report within the framework of the "Monitor of State Sites" project .
We have also been reiterating for 10 years: the address of the official website of a government agency should be in the .GOV.RU domain, and it would also be nice to maintain an official list of government sites, and not this one over a pine tree, it is not known when the last time it was updated, and yet ...
I don’t know which bear died in the forest, but it looks like our last year's report took effect and in November the Government issued an order to the Ministry of Digital Industry in a company with the FSB, Roskomnadzor and FSO: to establish a unified procedure for naming and registering domain names for state sites, create their registry and even more ... At the same time, as a matter of course, it is mentioned that the domain name of a state site should be administered by a government agency and no one else.
On June 1, the Ministry of Digital Science published a draft of the corresponding package of amendments to the laws "On information, information technologies and information protection" and "On providing access to information on the activities of state bodies and local self-government bodies."
The curvature of the existing definition of "the official website of a state body" seemed to the developers a little, and they supplemented it with the following passage: a site in the information and telecommunication network of the Internet, the email address of which includes a domain name, the rights to which belong to a state body or a local self-government body,and included in the list of domain names that make up the Russian national domain zone belonging to the state authorities of the Russian Federation, state authorities of the constituent entities of the Russian Federation and other state bodies formed in accordance with the legislation of the Russian Federation, the legislation of the constituent entities of the Russian Federation, local governments, state organizations and their structural divisions, as well as non-profit organizations whose activities are aimed at ensuring state and (or) public security and implementing state functions, national goals and strategic objectives for the development of the Russian Federation .
Those who have tasted on the first try will have a career in the Department of Legal Balancing of the Ministry of Digital Science, I will try to explain to the rest on my fingers what I mean (I still don’t guarantee the result).
So, “the list of domain names that make up the Russian national domain zone” is a distorted borrowing from Law No. 149-FZ “On Information, Information Technologies and Information Protection”, where it sounds like “a list of domain name groups that make up the Russian national domain zone », Is used only once and then in the context of ensuring sustainable and safe use of domain names on the territory of the Russian Federation.
The "three-chapter" law is about the following: if tomorrow is a war, if tomorrow is on a campaign, then we will isolate
So, about other domains, i.e. the existing .MOSCOW, the hypothetical .SANKT-PETERSBURGH or .XXX, which is administered today by the American ICM Registry, and tomorrow may be bought out by, say, Mail.ru Group (why not?) - all this, according to the “three-headed”, “list of groups of domain names that make up the Russian national domain zone ”.
This definition by the copy / paste method is transferred into the law on access to state information in the context of the list of domain zones where it is allowed to create Russian official sites. Are you catching the irony already? And tomorrow Mail.ru Group will decide to sell the rights to .XXX to some offshore company from Belize (again, why not?), And the conditional mincifra.XXX domain will suddenly cease to be suitable for the official website of the Ministry of Digital Science, that's where the real irony is!
Even more fun is the final part of the same story, which contradicts its beginning. Let's read again what the Ministry of Digital Science offers, or maybe I just got confused in this nonsense: the official website of a state body or local government body is a site whose email address includes a domain name, the rights to which belong to a state body or local government body , and included to the list of domain names owned by state authorities of the Russian Federation, state authorities of constituent entities of the Russian Federation and other state authorities, local authorities, state organizations and their structural divisions, as well as non-profit organizations .
I'm not even talking about the fact that the article, which the Ministry of Digital Science got into with its own hands, is called "Basic concepts used in this Federal Law." Those. absolutely everything that is written in it concerns the rest of the law, and the law, I remind you, is called "On ensuring access to information on the activities of state bodies and local self-government bodies." The new edition of the article states that the sites of state-owned enterprises and NGOs will be referred to the official sites of these bodies. Excuse me, but do they know that from 2022 they will be assigned some responsibilities of government agencies? Maybe then they will also give some rights?
What else is interesting (you will definitely like it) Mintsifra & Co.
- The government will take away from the Coordination Center of the national domain of the Internet the right to determine the procedure for registering domain names in .RU, . (as well as in .SU and those "other top-level domains") and will establish it independently.
- A state registrar of domain names for state sites will be created without "accidental" activation of paid services and spontaneous transition to more expensive tariffs.
- Roskomnadzor will have the right to "demand the transfer" (read - take away out of court) domain names from their administrators "in order to ensure state or public security, to implement state functions, national goals and strategic development objectives."
Sorry guys, that's not what we suggested!