🇪🇺 ⚖ 🚀 #European #human #rights #court on #telegram's #appeal against #blocking in #Russia. #terrorism not #freedom of #speech, #communication #privacy
🇬🇧 English translated text:
Head of the HRO on the possible blocking of Telegram: This week's blocking of Telegram's messenger is a serious concern, as it concerns the rights and legitimate interests of the order of 15 million Russians using this means of communication. We should not forget about the possible financial losses of thousands of investors who invested heavily in the creation and promotion of telegram channels, advertising and other content in Telegram.
For their part, law enforcement bodies are objectively interested in the widest possible access to the correspondence of persons who commit or are about to commit a crime. But this should not be suffered by law-abiding citizens, of whom, of course, in Telegram majority. Therefore, in this case, it is not just a matter of limiting the possibilities for exercising constitutional rights to the privacy of personal correspondence and freedom of expression, which in itself can not but cause concern, but about the actual destruction of the existing fragment of the media and public space.
The appearance of Telegram, in which, according to experts, it is technically impossible to isolate and maintain encryption keys for correspondence, in many ways has become a kind of response of the Internet industry to the growing restrictions on privacy in cyberspace. If we look at the future blockage wider, we will see all its contradictoriness: the legislator and law enforcement will always be in catching up position with respect to the creators of new digital technologies, and prohibitive methods of legal regulation, as a rule, will generate only new ways of agere in fraudem legis ( circumvention of the law - lat.).
It should be noted that in the world of digital technologies the method of legal regulation is not the only and far from the most effective. On the contrary, the methods of market competition, program codes and self-regulation mechanisms can bring much more benefits. The Council was convinced of this in 2017, when we found in the Telegram messenger a series of frankly extremist chats and channels with unambiguous instructions for the preparation of terrorist acts. Obviously, the existence of such chats and channels had nothing to do with freedom of speech. Taking advantage of the fact that member of our Council Pavel Vladimirovich Chikov is the legal representative of the founder of Telegram Pavel Durov, we appealed to the guide of the messenger with an appeal to block a number of such channels and chats, which was done as soon as possible. Such a constructive position, indicating a willingness to respond adequately to direct violations of Russian laws, inspires hope that it is possible to enforce the law in the virtual messenger space without blocking it. The Council is ready to do its best to resolve the conflict without harming millions of Russian citizens.
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🇬🇧 English translated text:
Head of the HRO on the possible blocking of Telegram: This week's blocking of Telegram's messenger is a serious concern, as it concerns the rights and legitimate interests of the order of 15 million Russians using this means of communication. We should not forget about the possible financial losses of thousands of investors who invested heavily in the creation and promotion of telegram channels, advertising and other content in Telegram.
For their part, law enforcement bodies are objectively interested in the widest possible access to the correspondence of persons who commit or are about to commit a crime. But this should not be suffered by law-abiding citizens, of whom, of course, in Telegram majority. Therefore, in this case, it is not just a matter of limiting the possibilities for exercising constitutional rights to the privacy of personal correspondence and freedom of expression, which in itself can not but cause concern, but about the actual destruction of the existing fragment of the media and public space.
The appearance of Telegram, in which, according to experts, it is technically impossible to isolate and maintain encryption keys for correspondence, in many ways has become a kind of response of the Internet industry to the growing restrictions on privacy in cyberspace. If we look at the future blockage wider, we will see all its contradictoriness: the legislator and law enforcement will always be in catching up position with respect to the creators of new digital technologies, and prohibitive methods of legal regulation, as a rule, will generate only new ways of agere in fraudem legis ( circumvention of the law - lat.).
It should be noted that in the world of digital technologies the method of legal regulation is not the only and far from the most effective. On the contrary, the methods of market competition, program codes and self-regulation mechanisms can bring much more benefits. The Council was convinced of this in 2017, when we found in the Telegram messenger a series of frankly extremist chats and channels with unambiguous instructions for the preparation of terrorist acts. Obviously, the existence of such chats and channels had nothing to do with freedom of speech. Taking advantage of the fact that member of our Council Pavel Vladimirovich Chikov is the legal representative of the founder of Telegram Pavel Durov, we appealed to the guide of the messenger with an appeal to block a number of such channels and chats, which was done as soon as possible. Such a constructive position, indicating a willingness to respond adequately to direct violations of Russian laws, inspires hope that it is possible to enforce the law in the virtual messenger space without blocking it. The Council is ready to do its best to resolve the conflict without harming millions of Russian citizens.
Translated from: @tglive
🔗 https://t.me/tgliveen
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📣 https://t.me/chuen1
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