Правовые формы обеспечения информационной безопасности в сети Интернет

Abstract

Introduction: the development of modern digital networks is associated with the introduction into circulation of datawith increased social danger and, as a consequence, limited to civilian use in the Russian Federation. Unlike the authorities, this type of information is not recognized by society as dangerous, but generates aspirations of certain categories of citizens to possess such information, to disseminate it, to introduce it into illegal civil circulation. The scientific community, recognizing this problem, has been striving to neutralize the consequences in this area for a long time. The purpose of the work is to conduct a scientific analysis of the existing legal forms of ensuring information accessibility, to determine the effectiveness of modern legal and organizational mechanisms to ensure civil interests in this area. Using the methods of scientific cognition, primarily the method of system analysis, it is established that the complexity of the highlighted problem involves the use of both law-making and law-realization approaches to identify the violations of arrangements for using electronic information in the violation of applicable law. Results: the considered approaches and legal mechanisms for ensuring information security in the Internet environment will justify the need to introduce the organizational and legal methods to improve the current legislation and law enforcement practice in the country and propose a number of measures for their eliminating. Conclusions: it is necessary 1) to adapt the existing judicial system related to the restriction of the circulation of information on the Internet to modern realities in the technical and legal spheres; 2) to change not only the procedure for recognizing information as prohibited, but also to introduce additional forms of responsibility for its placement, in particular, the imposition of administrative forms of sanctions not only on the creator of illegal content, but also on technical intermediaries (providers, telecom operators, domain name grantors), which can be presented in the form of imposing technical prohibitions on the placement of information on the Internet; 3) to increase the number of persons subject to legal liability (administrative or criminal) for the violation of information security in the Russian Federation.