Friday, June 3, 2022

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New VPN Crackdown Underway in Russia, Government Confirms
Andy Maxwell, 03 Jun 09:38 AM

censoredNext month will mark the 10-year anniversary of a new law introduced by Russia to ensure the safety of its citizens online.

The "Extremist Websites Blocking Law" created a national blacklist to prevent socially harmful websites from being accessed by the public.

No longer would extremist, terrorist, Child Sexual Abuse Material (CSAM), or the promotion of illegal drugs be allowed to spread online. ISPs would block offending sites within hours of receiving a complaint and Russian society as a whole would benefit.

Slippery Slope Ensues

The government assured citizens that only illegal content would be blocked and the blacklist could even be supervised by an independent citizen monitoring group. In the event, telecoms regulator Roscomnadzor appointed itself supervisor but the government did keep its word to block only illegal content, by making more and more content illegal.

Over the last decade Russia has introduced more laws to expand its blocking powers to encompass pirate streaming sites and torrent portals, Twitter, Facebook, Instagram and any 'illegal' news sites that stray from the Kremlin's definition of factual reporting.

In the background, citizens accustomed to unblocking unlicensed media sites started using their VPN and Tor skills to get an unrestricted view of the world. Russia responded by placing strict rules on VPN servers in Russia and then via the 'VPN Law', outlawed internet tools that enable access to illegal information.

Information War Targets VPNs

Russia has been using its anti-VPN legislation to remove hundreds of thousands of VPN-related links from Google and since the invasion of Ukraine, has stepped up the pace. Tor is also in the middle of a blocking drama and now faces a court battle.

Over the past few days, Russian VPN users reported fresh issues when trying to access well-known providers such as NordVPN, which does not even have servers in Russia. Problems were also experienced when accessing Switzerland-based Proton VPN, peer-to-peer censorship circumvention tool Lantern, Windscribe, and related services including VPN creation tool Outline.

"We are currently investigating the issue, but it is not caused by any changes on our side," Proton announced. "It is likely that the local ISPs and the authorities are interfering with VPN connections, in which case it may not be possible for us to solve such issues. Some servers may continue to work. We are continuing efforts to bypass the block."

Russia Admits Responsibility

In a statement to local media, telecoms watchdog Roscomnadzor reiterated that website unblocking tools are illegal and measures are being taken to limit access to them.

"According to the Law 'On Communications', means of bypassing blocking of illegal content are recognized as a threat. The Center for Monitoring and Control of the Public Communications Network is taking measures to limit the operation of VPN services in Russia that violate Russian law," the government agency said.

At least historically, VPN providers have usually been given notice that they need to come into compliance or face action but there are no signs that the targeted providers were notified in recent weeks. Whether it played a direct role is unclear but Proton previously offered Russians free access to its services, to bypass state censorship.

On March 15, 2022, Alexander Khinshtein, chairman of the State Duma Committee on Information Policy, revealed that at least 20 VPN services are now being blocked in Russia and that Roscomnadzor intends to block more, if providers fail to comply with the law.

A key problem for privacy-focused VPN providers is the Russian requirement to connect to the Federal State Information System which contains a register of sites and URLs deemed illegal in Russia. Most simply refuse and leave the country but when that is not possible, they are compelled to block sites themselves, a situation that Kaspersky failed to prevent.

From: TF, for the latest news on copyright battles, piracy and more.

YouTube and Uploaded Could be Liable For Pirating Users, Court Rules
Ernesto Van der Sar, 02 Jun 07:34 PM

youtube sad errorYouTube users upload millions of hours of videos a week. As with any user-generated content site, this also includes copyright-infringing content.

The file-hosting platform Uploaded faces similar issues. While it can be used to share legal files, some people use it to share pirated content.

This is a thorn in the side of several rightsholders, who argue that YouTube and Uploaded are liable for the infringing activities of their users. In Germany, this resulted in several lawsuits against the two platforms.

One of the cases was brought by music producer Frank Peterson, who sued YouTube and Google for making his music available without permission. In other lawsuits, copyright holders filed complaints against Uploaded's parent company Cyando, accusing it of distributing pirated books.

EU Court Weighed In

German courts were undecided as to whether YouTube and Uploaded could be held liable for pirating users. The Federal Court of Justice, therefore, requested guidance from the Court of Justice of the European Union (CJEU).

In particular, the court wanted to know if, and under what conditions, online services make a 'communication to the public' when it comes to pirated files and videos.

Last summer the top EU court ruled that, in principle, online services are not directly liable for pirating users. When users share files, the online platforms themselves don't automatically 'communicate' the infringing content to the public.

The ruling was good news for YouTube and Uploaded, but there are some strings attached. There are circumstances when the platforms can be held liable, including when they fail to "expeditiously" remove infringing content following a rightsholder complaint.

In addition, the EU court ruled that the platforms can lose their liability exception if they actively take part in the infringing activities or if they fail to take action despite being aware of them.

Platforms Can be Liable

Today, the German Federal Court of Justice issued a new order taking the EU guidance into account. The court clarified that online platforms can indeed be held liable if they fail to take appropriate action.

Last year, Germany also implemented the new EU Copyright Directive which requires online services to ensure that infringing content is taken down and not re-uploaded. If platforms fail to do so, they can be held accountable for damages.

The Federal Court's decision opens the door to a potential liability ruling. Whether damages are indeed warranted depends on the situation, which will require review by the lower courts.

In essence, the courts will now have to decide whether the measures YouTube and Uploaded have taken in response to the reported copyright infringements are sufficient. As such, it will be among the first cases where the "upload filter" requirements of the Copyright Directive will be put to the test.

From: TF, for the latest news on copyright battles, piracy and more.

 
 
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