Types of communication networks information law. Information law

22.04.2019 Programs

Send your good work in the knowledge base is simple. Use the form below

Students, graduate students, young scientists who use the knowledge base in their studies and work will be very grateful to you.

10.09.2011, 17.09.2011

Topic 1: Information law as a branch of law

Lecture questions:

The concept of information, the concept and characteristics of the information society;

Types of information. Documented and undocumented information;

Subject and methods of information and legal regulation;

The complex nature of information law. Correlation of information law with related industries;

Legal regulation of information relations abroad.

Question 1: The concept of information, the concept and characteristics of the information society

Information(lat.) - introduction, explanation, presentation.

Hartley quantified information. It offers a statistical definition of information. In mathematics, information is understood as a measure of elimination, reduction of uncertainty.

Information is not energy or matter, it is a designation of the content obtained as a result of interaction with the outside world.

In philosophy, there is a point of view that information is a reflection of the content of the surrounding world. Information arises in the presence of changes and diversity in the surrounding world.

So, information does not exist without reflection, as well as reflection without information. The property of reflection is the ability of any object to reproduce some of the features of the objects affecting it.

There are four main types of reflection, which correspond to the types of information:

In inanimate natural nature- elementary information. It exists objectively by itself. For example, the movement of atoms;

In wildlife- biological information - is created in the process of life;

In society- social information;

In artificial nature- technical and cybernetic information derived from social information and arises as a result of the activity of a computer.

All existing information classified into information that, firstly, can be subject to legal regulation, and secondly, to information that is not an object of legal regulation. It is possible to regulate with the help of legal norms only that information that a person extracts from the world around him, displays in his mind and transfers to other people in any symbolic form.

Information that is subject to legal regulation must have a number of legal properties. Basic legal properties of information:

Physical inalienability of information from the creator. In the right, the alienation of information is replaced by the transfer of the rights to use it;

Isolation of information - to be included in civil circulation, information is used in the form of symbols and signs, thus, it is isolated and exists separately from its producer, creator.

The duality of information and its material carrier. Information always appears as a material thing;

Replication. The information can be distributed in an unlimited number of copies without changing its content;

Organizational form of information - document;

Instance. The existence of information on a separate material medium, from here it is possible to account for the number of copies, through accounting for the number of media.

There is a normative definition of information in Federal Law "On Information, Information Technologies and Information Protection"... In accordance with this law, information is information, messages, data, regardless of the form of their presentation.

The concept and characteristics of the information society

Information society is a post-industrial society in which the production and dissemination of information in a centralized manner prevails, with information being the main resource of society. Signs:

Information market and market presence information technologies;

Availability information infrastructure;

Massive use of personal computers, mass connection to information networks;

Availability information services and information resources;

Absence of geographical and geopolitical borders of states.

Generalization of all the legal characteristics of the participants in legal relations (individual or collective) allows us to give a typical for the entire national legal system composition of subjects of information law ", citizens (individuals), organizations (legal entities), public entities (Russian Federation, constituent entities of the Russian Federation, municipalities), the state. Such a classification of subjects expresses in a concentrated way the political and socio-economic features of the legal mediation of the life of the subjects of the information sphere.

In some cases, the law directly indicates, for example, in paragraph 2. of Art. 6 of the Law "On Information" on the existence of such subjects of information law: "The owner of information can be a citizen ( individual), entity, Russian Federation, subject Russian Federation, municipality".

Citizens represent the most common type of individual subjects of information law. Often, the law does not distinguish between citizens and individuals, therefore, the text of the information law norm specifies their namesake - "citizens (individuals)". Sometimes only an individual is mentioned. For example, in the Law "On Personal Data", the subject of personal data is an individual, not a citizen.

To legal entities(subjects of information law) include such collective participants in legal relations, which are endowed with the right with specific legal features in the performance of their socio-economic and operational-economic functions. In market relations, such functions are performed by an individual entrepreneur. For example, a telecom operator is a legal entity or an individual entrepreneur providing telecom services on the basis of an appropriate license (Art. 2 of the Law "On Telecommunications").

Often, when decoding the name of a subject, the law mentions the word “person” in order not to distinguish between citizens-entrepreneurs (individual subjects of information law) and legal entities (collective subjects of information law). For example, in the Law "On Information" the owner of a site on the Internet is defined as "a person who independently and at his own discretion determines the procedure for using a site on the Internet, including the procedure for posting information on such a site."

To public entities include the Russian Federation, a constituent entity of the Russian Federation, a municipal entity, which enter into information legal relations in cases where their power-public nature is emphasized. Such relations arise at the constitutional level of information law activity. For example, in accordance with Art. 71 of the Constitution of the Russian Federation, the issues of information and communication are attributed to the jurisdiction of the Russian Federation, and not of the subject of the Russian Federation, although, as I. L. Bachilo correctly emphasizes, “in this area there is also a certain scope of competence of the subjects of the Russian Federation and the sphere of joint competence in ICT is being formed, although this is not directly stated in Art. 72 of the Constitution of the Russian Federation ".

State how the subject of information law enters into information legal relations in the person of public authorities, which, when performing power functions, have a specific legal status(legal personality), which is formalized in the category of "competence". This concept summarizes not only the totality of powers and responsibilities of public authorities, but also their jurisdiction, i.e. circle (limits) of affairs and issues that are in their jurisdiction.

Public authorities are at the forefront of public administration information processes... The main areas of activity of public authorities as subjects of information law are reduced to the following functions:

? informatization (creation and operation of large state information systems);
? management of public information resources, including databases, registry information, archives, libraries, etc .;
? provision of government and municipal services;
? organization of control and supervision in the information sphere, including the processing of personal data, dissemination of information on the Internet, in advertising, in the field of licensing, etc .;
? ensuring information security, including in information protection activities limited access, protection of information infrastructure, etc.

In specific information legal relations, each participant in the implementation of his information interests(needs) or the fulfillment of the obligations imposed on him acquires personalized names that express the content of the information activities or implementation of certain functions. And the more diverse such actions or functions are, the more distinguishable are their verbal formulations in the law.

Functional and activity criterion is the basis for the classification of all subjects of information law into types and types of participants in information legal relations. The types of subjects of information law are a more generalized class, it unites all types of subjects of information law that have standard, i.e. the most common functional signs.

Users all types of information of any form have similar functional for this type consumer user attributes different types information or a recipient of information services. Moreover, the specific functions and interests of the user (recipient) are not decisive. Its main distinguishing feature reflects information need(interest) of the person who plays the main role among all other specific functional traits. Users are subjects of information law who satisfy their information needs by searching for information, receiving communication services, receiving public (state or municipal) services in electronic form and etc.

For example, in accordance with Art. 1 of the Law "On access to official information"User of information -" a citizen (individual), organization (legal entity), public association searching for information on the activities of state bodies and local self-government bodies. Information users are also government bodies, local government bodies searching for the specified information in accordance with this Federal Law. "

In accordance with Art. 2 of the Law "On Communications" "a subscriber is a user of communications services with whom an agreement on the provision of such services has been entered into for these purposes. subscriber number or unique identification code ".

Owners how subjects of information law are also united into one group also according to the most generalized criterion, which is of decisive importance. For example, the Law “On Information” defines the owner of information as “a person who independently created information or who, on the basis of a law or a contract, received the right to authorize or restrict access to information determined by any criteria”. The main feature of the concept "owner of information" is independence, which is manifested both in the creation of information, and its dissemination, and in deciding whether it is possible for other persons to familiarize themselves with it (access to information). The same feature (independence) distinguishes another subject of information law - the owner of a site on the Internet. The Law "On Information" defines it as "a person who independently and at his own discretion determines the procedure for using a site on the Internet, including the procedure for posting information on such a site." Here, as we can see, the law also emphasizes the feature "at your own discretion", i.e. independence in the actions of the site owner and the realization of his interest. So independence(independence) in their actions, i.e. in fact, discretion is a decisive classification feature that delimits this type of subject of information law from other subjects.

In accordance with and. 2. Art. 6 of the Law "On Information" on behalf of the Russian Federation, a constituent entity of the Russian Federation, a municipal formation, the powers of the information owner are exercised, respectively, by state bodies and local self-government bodies within the limits of their powers established by the relevant regulatory legal acts. For example, in accordance with Art. Articles 13 and 14 of the Law "On Information", information owners can be a state body or a local self-government body that create state or municipal information systems in order to exercise powers and ensure the exchange of information between these bodies, as well as for other purposes established by federal laws.

Information intermediaries how subjects of information law are grouped into one type according to an extremely generalized criterion that all types of subjects have intermediate function between users and owners. All of them are not consumers of information (information), as well as its owners. The named participants in information relations perform the function of their connections when sending (distributing) and consuming (using) the content (content) of information, i.e. to meet information needs.

The information intermediary can perform the function organizer transmission and dissemination of information. Article 10.1 of the Law "On Information" defines the concept of "organizer of the dissemination of information on the Internet" - as "a person carrying out activities to ensure the functioning of information systems and (or) programs for electronic computing machines that are intended and (or) used to receive, transmit, deliver and (or) process e-mails users of the Internet ". Here, its organizing role is reduced to performing auxiliary functions for the non-address transmission of information to multiple users. The function of the organizer is also performed by the multifunctional center for the provision of state and municipal services (MFC) - an organization authorized to organize the provision of state and municipal services, including in electronic form, on the principle of "one window".

The information intermediary performs actions to maintenance of(operation of) information systems, i.e. also carries out helper function... The Law "On Information" explicitly identifies this intermediary role. information system operator his "activity on the operation of the information system, including the processing of information contained in its databases." Its main task is to operate and ensure the functioning of the created information system, as well as the provision or dissemination of publicly available information, including in the form of open data.

Finally, an information mediator in the form telecom operator performs "connecting" actions for receiving, processing, storing, transmitting, delivering telecommunication messages or postal items(communication service). This intermediary function (subscriber connections) is decisive in the analysis of all attributes of a telecom operator, although many other attributes belong to this participant in information relations.

The function of an information intermediary is performed by and hosting provider -"A person providing services for the provision of computing power for placing information in an information system permanently connected to the Internet" (Art. 2 of the Law "On Information". Hosting (eng, hosting - service) is special view services for the provision of "space" for the use of the computing (server) space of the Internet. This space is used by those owners of information who have the opportunity and wish to create their own site for the placement (distribution) of information.

The telecom operator and the hosting provider are similar in their main feature (service provision), although their activities have a difference in content.

In paragraph 1 of Art. 1253.1 of the Civil Code of the Russian Federation directly indicates the name of the type of legal entity performing intermediary information functions and gives it the definition: "The person performing transmission material in the information and telecommunication network, including the Internet, the person providing the opportunity placement material or information necessary to obtain it using the information and telecommunications network, the person providing the opportunity access to the material on this network - information intermediary. " Here we have identified three intermediary functions that an information intermediary performs: information transfer, information placement and access to information.

In addition, subjects of information law include authorized executive bodies, those. state bodies authorized to exercise control and supervision functions in the information sphere of life.

These include federal executive bodies in accordance with the functions assigned to them by the legislation of the Russian Federation:

? federal executive body exercising control and supervision functions in the field of funds mass media, mass communications, information technology and communications (Federal Service for Supervision in the Sphere of Communications, Information Technology and Mass Media - Roskomnadzor) carries out the functions of control and supervision in the field of mass media, including electronic, and mass communications, information technology and communications, functions on control and supervision over the compliance of the processing of personal data with the requirements of the legislation of the Russian Federation in the field of personal data, as well as the functions of organizing the activities of the radio frequency service;
? federal executive body authorized in the field of countering technical intelligence and technical protection information (Federal Service for Technical and Export Control - certification of information security tools);
? federal executive body authorized in the field of security ( Federal Service RF security - protection state secrets, key certification electronic signature and certification of information security tools);
? federal executive body authorized in the field of defense (Ministry of Defense of the Russian Federation - certification of information protection means), etc.

Thus, the main types and types of subjects of information law include:

users- users of information, users (subscribers) of communication services, applicants of state and municipal services, users credit histories, consumer of advertising, etc .;

owners- owners of information, owners of sites on the Internet, bloggers, owners of information constituting a commercial secret, subjects of personal data, subjects of credit histories, etc.

information intermediaries - operators of information systems, operators of personal data, telecom operators, hosting providers, organizers of information dissemination, multifunctional centers provision of state and municipal services, certification centers, credit bureaus, etc .;

authorized executive authorities - state bodies authorized to exercise supervision and control functions in the information sphere.

Bachilo IL. Information law: textbook. - M. 2011.S. 52.
SZ RF. 2009. No. 7 Art. 776.
SZ RF. 2003. No. 28. Art. 2895.

To learn everything - life is not enough, but you have to pass the exam. This is a ready-made "spur" written by a real teacher. Here you will find everything you need for Information Law, and the rest is a matter of technology.

INFORMATION LAW AS A BRANCH OF LAW.
Information law is a new, just emerging branch of law that plays a decisive role in the development of modern society.

In the literature, information law is considered in the following meanings:
- as a science;
- as a branch of law;
- as an academic discipline.

The science of information law examines the norms governing public relations in the information sphere, measures the effectiveness of action information norms, classifies, systematizes and codifies them, unites them into legal institutions, forms and optimizes the information law system.
The subject of the science of information law is the system of information law. Information law as a science studies the scientific problems of the formation and development of this system.
Research in the field of information law finds its expression in articles, monographs, conferences, round tables, in the Internet.

Information law as a system of norms regulating information relations, is aimed at studying the information sphere as a sphere of legal regulation of public relations, identifying objects and subjects of information legal relations, preparing drafts of normative legal acts in the field of information law, assessing the effectiveness of drafts of these acts using information technologies.

CONTENT
1. INFORMATION LAW AS A BRANCH OF LAW
2. CONCEPT AND TYPES OF INFORMATION: DOCUMENTED AND UNDOCUMENTED INFORMATION
3. INFORMATION RESOURCES
4. CLASSIFICATION OF INFORMATION RESOURCES
5. INFORMATION SYSTEMS
6. SUBJECT OF INFORMATION AND LEGAL REGULATION
7. METHODS OF INFORMATION AND LEGAL REGULATION
8. STATE POLICY IN THE FIELD OF FORMATION OF THE INFORMATION SOCIETY
9. INTERNATIONAL NATURE OF INFORMATION LAW
10. LEGAL REGIME OF COMMERCIAL SECRET
11. SYSTEM OF INFORMATION LAW
12. RELATIONSHIP OF INFORMATION LAW WITH RELATED BRANCHES OF LAW
13. CONCEPT AND TYPES OF SOURCES OF INFORMATION LAW
14. PRINCIPLES OF INFORMATION LAW
15. INFORMATION STANDARD: CONCEPT, FEATURES, TYPES
16. INFORMATION RELATIONSHIP
17. INFORMATION LEGAL RELATIONS ARISING WHEN SEARCHING, OBTAINING AND CONSUMING INFORMATION, INFORMATION RESOURCES, INFORMATION PRODUCTS, INFORMATION SERVICES
18. INFORMATION LEGAL RELATIONS ARISING IN THE PRODUCTION, TRANSMISSION AND DISTRIBUTION OF INFORMATION, INFORMATION RESOURCES, INFORMATION PRODUCTS, INFORMATION SERVICES
19. INFORMATION LEGAL RELATIONS ARISING DURING THE CREATION AND USE OF INFORMATION SYSTEMS, THEIR NETWORKS, FACILITIES AND INFORMATION SECURITY MECHANISMS
20. RIGHT TO SEARCH AND OBTAIN DOCUMENTED INFORMATION FROM STATE INFORMATION RESOURCES
21. ACCESS TO INFORMATION. INQUIRY
22. PROTECTION OF THE RIGHT TO INFORMATION. LIABILITY FOR VIOLATION OF THE RIGHT TO ACCESS TO INFORMATION
23. CONCEPT AND TYPES OF SUBJECTS OF INFORMATION LAW
24. INFORMATION SECURITY
25. METHODS OF ENSURING INFORMATION SECURITY OF THE RUSSIAN FEDERATION
26. ORGANIZATIONAL BASIS OF THE INFORMATION SECURITY SYSTEM OF THE RUSSIAN FEDERATION
27. INFORMATION PROPERTY
28. MODEL OF CIVIL CIRCULATION OF INFORMATION
29. SUBJECTS OF INFORMATION LEGAL RELATIONSHIP IN THE CIVIL CIRCULATION OF INFORMATION
30. INTELLECTUAL PROPERTY
31. OFFICE AND PROFESSIONAL SECRET
32. LEGAL REGIME OF DOCUMENTED INFORMATION
33. DOCUMENTED INFORMATION WITH RESTRICTED ACCESS
34. MANDATORY DOCUMENT COPY AS A VARIETY OF DOCUMENTED INFORMATION
35. STORAGE OF THE MANDATORY FREE FEDERAL INSTALLATION
36. DOCUMENTED INFORMATION IN INTERNATIONAL INFORMATION EXCHANGE
37. LEGAL REGULATION OF INFORMATION RELATIONS IN THE PRODUCTION AND DISTRIBUTION OF COMPUTER PROGRAMS AND DATABASES
38. STATE SECRET AS A SUBJECT REMOVED FROM CIVIL CIRCULATION
39. ORDER OF CREATION AND APPLICATION OF INFORMATION SYSTEMS AND THEIR NETWORKS. INFORMATION COMMUNICATION SYSTEMS: INTERNET, E-MAIL, DIGITAL COMMUNICATIONS AND OTHER
40. PATENT
41. KNOW-HOW
42. Media
43. INSTITUTIONS AND EDITORIALS
44. COMMERCIAL AND BANKING SECRET
45. LEGAL STATUS OF THE JOURNALIST
46. OBLIGATIONS OF A JOURNALIST
47. INTERSTATE COOPERATION IN THE FIELD OF THE MASS MEDIA
48. LIABILITY FOR VIOLATION OF THE LEGISLATION ON THE MASS MEDIA
49. MISUSE OF FREEDOM OF THE MEDIA
50. INTERNAL GOVERNANCE USING INFORMATION TECHNOLOGIES
51. PROTECTION OF RIGHTS TO A COMMERCIAL SECRET
52. LEGAL REGIME OF INFORMATION SYSTEMS, INFORMATION TECHNOLOGIES AND THEIR SUPPORT
53. PROCEDURE FOR DEVELOPMENT AND IMPLEMENTATION OF INFORMATION SYSTEMS, TECHNOLOGIES AND FACILITIES
54. STATE POLICY IN THE FIELD OF CREATION OF INFORMATION SYSTEMS, INFORMATION TECHNOLOGIES AND THEIR SUPPORT
55. PERSONAL DATA
56. SUBJECTS AND OBJECTS OF INFORMATION LEGAL RELATIONSHIP
57. STATE REGULATION OF WORK WITH PERSONAL DATA
58. AUTHORIZED BY THE RIGHTS OF PERSONAL DATA SUBJECTS
59. LEGAL STATUS OF THE AUTHORIZED
60. LEGAL REGULATION OF RELATIONS IN THE FIELD OF COMMUNICATIONS AND TELECOMMUNICATIONS
61. STATE GOVERNANCE IN THE FIELD OF COMMUNICATIONS
62. CONSTITUTIONAL RIGHT TO COMMUNICATE
63. COPYRIGHT AND RELATED RIGHTS
64. AUTHOR'S AGREEMENT
65. STATE SUPPORT OF THE MASS MEDIA
66. ADMINISTRATIVE OFFENSES IN THE FIELD OF COMMUNICATIONS AND INFORMATION
67. LEGAL REGULATION OF INFORMATION RELATIONS IN THE PRODUCTION AND DISTRIBUTION OF TOPOLOGIES OF INTEGRAL MICROSCIRCUITS
68. SUBJECTS AND OBJECTS OF INFORMATION LEGAL RELATIONSHIP IN THE FIELD OF STATE SECRET
69. RELATING INFORMATION TO STATE SECRETS AND THEIR CLASSIFICATION
70. PROTECTION OF STATE SECRETS
71. FEATURES OF INFORMATION RELATIONSHIP ON THE INTERNET
72. AREA OF IMPLEMENTATION OF THE RIGHT TO SEARCH, OBTAIN AND CONSUME INFORMATION ON THE INTERNET
73. MAIN DIRECTIONS OF LEGAL REGULATION OF INFORMATION RELATIONS ON THE INTERNET
74. SPS "CONSULTANT PLUS"
75. SPS "GARANT"
76. LEGAL IMPORTANCE OF ELECTRONIC SIGNATURE
77. LEGAL REGULATION OF THE INFORMATION SPHERE ABROAD
78. PERSONAL INFORMATION SECURITY
79. INFORMATION WAR. INFORMATION WEAPON
80. ECONOMIC AND LEGAL ASPECTS OF LIBRARY BUSINESS
81. ARCHIVAL CASE
82. ORDER OF ACCESS TO ARCHIVAL FUNDS AND USE OF ARCHIVAL DOCUMENTS
83. PUBLICATION OF REGULATORY AND LEGAL ACTS IN THE MEDIA
84. ADVERTISING
85. LEGAL REGIME OF ARCHIVES
86. STATE ADMINISTRATION OF ARCHIVAL AFFAIRS IN THE RUSSIAN FEDERATION
87. DUTIES OF THE STATE IN LIBRARY
88. SPECIAL CONDITIONS FOR THE PRESERVATION AND USE OF THE CULTURAL PROPERTY OF THE PEOPLES OF THE RUSSIAN FEDERATION IN THE FIELD OF LIBRARY
89. LIBRARY BUSINESS
90. RIGHTS OF CITIZENS IN THE FIELD OF LIBRARY BUSINESS.

Types of communication networks information law. Information law

Send your good work in the knowledge base is simple. Use the form below

Similar documents

10.09.2011, 17.09.2011

Topic 1: Information law as a branch of law

Question 1: The concept of information, the concept and characteristics of the information society

Top related articles