CC BY
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implies the study of the following disciplines: “Electronic document circulation and increasing of managerial functions efficiency”, “ Modern systems of automated office work and electronic documents circulation”, “ Methods of documents provision of electronic digital signature management”, “Technologies of provision of business, authorities and citizens interaction through the internet-portals”, “Methods of information risks management under introduction of electronic document circulation” and others. Model Requirements for management of electronic records -MoReq2 are introduced to the process of study, used and adopted in European Union and across its borders and considering functional requirements for the management of electronic records.
Clearly realizing, that electronic documents management - is a high level task, demanding wide functional options and meeting the requirements of business, we consider that examination of issues of business structures’ work organization taking into account the demands of this international document by the students of our university and business representatives is quite reasonable. Thus, under pressure of needs of integration of Russian market and commerce into the world economic system, we base on the most modern and fundamental problems of great practical value and a long-run character. The right choice of this direction was proved by the fact that the group of ex-perts-researchers of our university was awarded the status of the international experts of WTO (Geneva).
17G
удк 004:002 S.A. Ovchinnikov,
S.E. Grishin
POLITICAL AND ORGANIZATIONAL ASPECTS OF «RESTRAINT» OF TRANSBORDERS STREAMS OF THE INFORMATION
The article considers the key aspects of creation of the new global information society problem, connected with modes of mass supervision in information-communication networks.
Key words: information society, a mode of mass supervision, information-communication networks.
C.A. Овчинников, C.E. Гришин
ПОЛИТИКО-ОРГАНИЗАЦИОННЫЕ АСПЕКТЫ «СДЕРЖИВАНИЯ» ТРАНСГРАНИЧНЫХ ПОТОКОВ ИНФОРМАЦИИ
В статье рассмотрены ключевые аспекты проблемы создания нового глобального информационного общества, связанные с режимами массового надзора в информационно-коммуникационных сетях.
Ключевые слова: информационное общество, режим массового надзора, информационно-коммуникационные сети.
Unlike the situation at the beginning of 1990s, when the world was under euphoria of “unlimited” possibilities of coming information - oriented society from the point of new opportunities to use modern information technologies opened for citizens and society [6, p. 12] , publications of foreign scientists devoted to this problem have become more pessimistic for the late years. The evaluation of novelties of informatization, capacities of which were not studied thoroughly, now has been reviewed. Moreover, there is an opinion that “information society” as a tool of rhetoric failed, and hope to create a new world with sophisticated communication technologies, promoting prosperity and development of knowledge and ability to take part collectively in governmental and societal issues became even more Utopian[1, c. 10].
Even the official document of Eurocommission «Explanatory Report to the Convention on Cyber crime, ETS № 185, Strasbourg» claimed that this dream is doomed, as far as it is impossible to get rid of old administrative structures and methods in a short period. The authors consider that, applying the old methods and new technologies, state agencies managed to create to transform new infrastruc-
ture in this way , that as a result the basis of so-called new global information society turned into a chaos and excessively regulated environment, badly managed by the government. The managing structures include both government and industry as well. Methods of activity contains censorship of “indecent” and “harmful” material and content, protected by the copyright law, and also accusations in a libel, defamation, instigation to terrorism and extremist actions, etc. [8].
Note, that at the early stages of development of global information-communicative processes, it became obvious that it is impossible to control such structure as Internet, which due its jurisdiction may be only transnational. Besides, transnational information activity in some cases causes conflicts between national legislature of countries and international practice. Such facts are considered in the article of David R. Johnson and David G. Post, who marked “Rapid growth of the global computer net destroys links between geographic disposition and abilities of local authorities to establish control over on-line communication environment, influence of on-line environment on people and objects, legitimate efforts of the local
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authorities to apply local standards and rules to the global size events; ability to define a set of rules in a particular case” [2,p. 19-20].
No doubts, in such conditions states have the right to adopt and apply the laws in frames of their jurisdiction, as far as it is their sovereign right, accomplished in the frames of state boarders. However, under such situations formation of a boundary control on the channels of information transmission from organizational and political points of view becomes a very difficult task, affecting the interests of many countries, non-governmental organizations and business branches in the sphere of information processes.
Nevertheless, many countries, ignoring this circumstance, adopted national laws, establishing a censorship of word by their jurisdiction.
Methods and forms of regulation were different depending on the country, state system and sphere of activity. Thus, yet in 1995 the European Union passed the final decision of the Directive on data protection, which included two articles regulating transboarder flows of information [3]. Further development of this sphere showed that in some countries this control was carried out through the infrastructure in spots, allowing managing information flow, for this purpose filters are installed and responsibility is defined. Methods of supervision are introduced where it is impossible to apply efficient methods of control.
But in some reports, made by academic and nongovernmental organizations, the capacities of filters were doubted because the nature of the Internet itself, its distributive character and a problem to create the devices for automatic inspection of data for its “decency”, which may block a rather appropriate content. Besides, a certain amount of “indecent” materials will remain unchanged. There is case when filters are subjective and block websites despite the interests of their developers [8]. It is hard to object.
Today citizens in the Net freely share files and express their opinions, but there is a real threat that after their opinions and habits were revealed alongside with all information concerning annual and monthly transactions, as it demanded by antiterrorist policy, citizens may stop such exchange. If they were forced to show their papers or the time of work at the public terminal or CybercafM was fixed, they would behave in another way What was declared as infrastructure stimulating diversity became a part of society, possessing efficient means of management of humane behavior that we saw many times on the background of protestant and extremist manifestations in many countries.
In 2000 in Great Britain a bill was adopted on regulation of rights to conduct personal investigations (Regulation of Investigatory Powers Act), which spreads its effect to intercept Internet-communications. The government announced that these powers do not constitute anything new. A bill covered all suppliers of communication service in order “all branches were in equal terms and a current principle was fixed according to which suppliers are obliged to support operating of reasonable means of intercept”. In compliance with a current policy of USA all telephone companies must have supervision devices, besides, the efforts were made to include vocal communication on IP (VoIP) into services, which by the USA laws must have built-in intercept -devices [7].
Obviously such rules may affect not only the Internet, but democratic rights of the citizens., and the Internet be-
came as any transnational activity in any its manifestations ,became to subject to active open state regulation. Moreover a fact became evident, that copyrights, laws on libel and defamation, the effect of which are spread on new systems of communication, came into force. For example, Bush administration adopted USA patriot Act in October 2001 (the USA law on strengthening and consolidation of America by necessary instruments for suppression and prevention of terrorism). This document make companies, rendering communication services, submit information about traffic to law enforcement bodies: “Agents will have the rights to use advantages of new technologically-neu-tral standards to collect information. Investigators will be commissioned with power to pursue terrorists in the Internet. New provisions in legislature allow using devices establishing addresses of senders and recipients connected via the Internet [7]. This law allows access to wider sphere of information, including data about e-mails, telephone numbers, visited Websites, searched terms, locations, copied files, etc.
Analyzing the statements of some officials, various publications devoted to this theme, one will easily notice that the Internet and Cyberspace put the sovereignty of authority agencies in a rather difficult situation. Functioning distantly, the Internet and transborder data flows created effect of exceeding information. On this background the Internet created a conflict environment which is in a strong opposition to the actions of authority agencies and became one of the essential political conflict provoking problems, which the states in the sphere of information exchange faced. It is a spread of cryptography The governments of different countries, trying to regulate uncontrolled usage of crypto graphical applied software, turned out to be absolutely helpless to prohibit citizens to download these attachments on their PC, available during the exchange of information mainly with overseas partners.
Under these conditions some official statements were made concerning the transborder data flows which may be dangerous for national policy, as far as these data flows are beyond the national jurisdiction. That’s why many countries begin to adopt their own laws, regulating the content. Strategies and mechanisms of regulating began to make efforts to define responsibilities of the Internet-services suppliers, to elaborate methods of identification of indecent words and installation of filters on the provider’s and gateways levels to support the use of the software for date filtration by the users.
Debates on drawbacks and dangers of censorship, having become obvious at the early stages of its introduction, do not fade. But it did not prevent the international governmental organizations from the protest actions for changing laws to avoid indecent or harmful information [4].
Renovation of laws on the Internet performance - is inevitable, objective process seeking the answer whether the Internet is a broadcasting environment neutral in respect to the content, or the channel of transmission of information. For CEO and law-makers it is very important to review the current and prepare new rules for the Internet, having analyzed and revise the trends of public interests, which should be spread to these areas and their management.
Thus, modern information-communication technologies result to rather difficult challenges and open new capacities for lawmaking. From the point of regulation the jurisdiction issue is becoming a problem for the countries.
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And new difficulties, connected with regulation, emerged. Today a lot of efforts to “revive” laws, permitting to supervise in the sphere of communication and the Internet, are undertaken. The states got access to the Internet-traffic data, collected by a provider. According to the juridical language this information is referred to a category “traffic data”, but information from the Internet differs a lot from the data, given by the telephone companies: it contains addresses of e-mail, all servers, used by people we chat to, and perhaps, all websites visited by the user, pages he looked through, themes he was interested in. Collection of these data in some cases may form a dossier of a person, containing his interests, friends and social context [1]. Majority of adopted laws provide unlimited access to the “traffic data”, irrespectively the level of their confidence. данные.
There are several ways of implementation of censorship, and they are used in the main points within the Internet architecture. These main points consist of the initial message from a provider, final provider and final message or final user.
Means used for control of these parameters include: direct instructions to the content - what may be sent, what may be accessed, requirements to installation of filters and other technical means to block data streams, regimes of licensing for ways of expressing the opinions, transmission and reception of the information, regimes of responsibilities for information sources and for providers, responsibility for personal insult and libel, regime of copyright and intellectual property protection and etc. [9]. Wile using these methods data streams are controlled for the sake of decency, safety and morality The purposes of establishing of control or restriction of freedom of speech may be different. Much concern should be paid to the mechanisms launched by the sources of control, not to the idea to introduce censorship and control of data streams. Industry supported by the state may become a powerful source of censorship. For the sake of protection of copyright and intellectual property, the laws are adopted, practice is established and all these cause concern. Censorship is introduced in many countries to protect the interests of national security. A remarkable feature of telecommunication networks, and especially the Internet, is their capacity to generate enormous volumes of variable data, formed to provide correct connections. The capacities for interactive usage of nets (dominant characteristic of many internet-services) will increase the volume of these data. Net is a simple object for censorship as far as websites are usually designed by a quite identified person and place on a commercial server. Technology for blocking is used rather frequent, but to become more efficient it must be used regularly. There is a risk that a user may evade the blocks via anonymous (proxy-) sites or access the content through the other current proxy-sites, such as cash in Google. Filtration method implies filtration at the package level, built-in to the routers on the boundary. There is a filtration by the key words, as a result of which a file loaded from the server, may be filtered or not available.
Freedom of speech and privacy are connected with each other, so as censorship and supervision. Initiatives to
strengthen supervision influence on a censorship paralyze freedom of speech. As well as initiatives concerning censorship depend on supervision mechanisms. Any attempt of a state to restrict freedom of speech may be announced as illegal and contradicting to the Constitution. Restrictions of freedom of speech may be illegitimate due to ambiguous definitions, which may paralyze a freedom of speech; due to a wide interpretation of the laws, prohibiting protected and unprotected freedom of speech; establishing restrictions of freedom of speech, regulating the word content without a specialized task, and less strict alternatives, constraining resolutions are not allowed [9].
Moreover, the personality of the users is more often revealed. In many countries the courts ruled binding decrees that personality of people placing ads in the Internet, or involved in e-delivery should be revealed. The copyright, ordering to submit information about possible users worsens the situation in the sphere of privacy Disclosure of personal information has become a vital problem of current time.
«There is an impression that the community is not aware of these regimes of mass supervision in the information-communicative networks. All seriousness of the situation becomes obvious when cases concerning the violations of copyrights appear, and courts inform about the man who used the Internet for many years, sending songs to the overseas users, and when the information about investigation will be available for the plaintiffs. Probably then we will inquire if the Internet and information society function in compliance with the principles of freedom» [1, p. 45 - 46].
1. Gus Kh. Restriction and control of global data flows. M.: MCBS, 2008.
2. Jhonson D.R., David G. Laws and borders - growth of the impact of the law in a cyberspace. Stanford Review. 1996. URL: http://www.gao.gov/fraudnet/fraudnet.htm (date of access:
15.05.11).
3. Directive 95/46/EC European parliament and Counsel of EC October 24, 1995 “ On protection of rights of private citizens in respect of processing of personal data and free circulation of such data” Internet site of UNESCO program “Information for all” (date of access: 02.03.11).
4. Report G8 «On regime of data protection». Summit of 2002. Internet site UNESCO program “Information for all” (date of access: 12.12.10).
5. Laws and borders - growth of the impact of the law in cyberspace. Stanford, 1996.
6. Ovchinnikov S.A. “Electronic government” or electronic government management? Saratov, 2011.
7. Statements of the Attorney General in a Juridical Committee of the Senate Congress USA. September 25, 2001.URL: http:// www.gao.gov/fraudnet/fraudnet.htm (date access: 15.05.11).
8. Explanatory report to the Convention on cyber crimes. Counsel of Europe. №185. Strasburg, 2001.Internet site UNESCO program “Information for all” (date of access: 22.09.10).
9. Heince M., Cho K. Internet filters: report on state policy. A free policy of expression. National Coalition against Censorship. 2001. URL: http://cyber.law.hatvard.edu/people (date of access:
15.05.11).
