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Bled, Slovenia, 7-8 September 2009 2nd International conference for ccTLD registries and registrars of CIS, Central and Eastern Europe Senior Lawyer, Ph.D.

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Presentation on theme: "Bled, Slovenia, 7-8 September 2009 2nd International conference for ccTLD registries and registrars of CIS, Central and Eastern Europe Senior Lawyer, Ph.D."— Presentation transcript:

1 Bled, Slovenia, 7-8 September 2009 2nd International conference for ccTLD registries and registrars of CIS, Central and Eastern Europe Senior Lawyer, Ph.D Uliana Zinina Abuse procedure in YANDEX: domain names vs trademarks; illegal content etc. Self-regulation and law.

2 About Yandex Yandex is the largest search engine/portal on the Russian Internet (RUnet). About 80% of the RUnet audience use Yandex search engine. Yandex is a search portal – offering services from comparison shopping search, to news, RSS aggregation, and pay system (Yandex.Money). Yandex also offers its own sponsored search ad interface - Yandex.Direct Another Yandex services are: Yandex.Market, Yandex.Maps, Blog search, Web-hosting (Narod.ru), Yandex.Traffic, Yandex email, Yandex.News. More information at http://company.yandex.com/general_info/yandex_today.xmlhttp://company.yandex.com/general_info/yandex_today.xml

3 Yandex is - a Second Level Domain Name Administrator (yandex.ru; narod.ru etc.) - a Web-Hosting Provider (Yandex.Narod) - an Internet Service Provider

4 What kind of government is the best? That which teaches man to control himself. Johann Wolfgang von Goethe

5 What is important for us? - Law regulation - Our users’ rights - Third parities’ rights (rightholders, government etc.) - Our rights as the ISP - Selfregulation

6 Principles of a Procedure of an anonymous content restriction 1. All content, whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated; 2. User has a right to anonymity; Most users are anonymous, but law-abiding 3. User may protect his rights by cutting down his anonymity; 4. All disputes must be settled in a Court.

7 1.To stop an offence; 2.To facilitate the settlement of the dispute; 3. To ensure an observance of both user’s rights and third parties rights; 4. To protect ourselves from liability for users’ illegal activity. Goals of the Procedure are:

8 1. Receiving an «Official claim» (authorized, identifiable, on the merits); 2. Blocking of the user’s access, appeal to user; 3. Receiving a lawfulness guarantee from the user, liability confirmation, disclosure of the user’s data to third parties. 3.1. Removal of the claimed content by the user – blocking removal; 3.2. Liability confirmation – blocking removal; 3.3. Absence of liability confirmation – content removal. The Procedure of an anonymous content restriction:

9 We have no rules of the second level domain name regulation, only Terms and Conditions of the Service Third level domain name in the web-hosting service (Yandex.Narod) Example: xxerox.narod.ru After receiving official claim, we use the Procedure of an anonymous content restriction Domain name disputes

10 A lack of law regulation in Russia Selfregulation is a non-legal but effective instrument in the age of IT and Internet development In some aspects it is more effective than strict legal regulation Law and Selfregulation

11 Senior Lawyer, Ph.D Yandex, LLC Moscow, Russia uzinina@yandex-team.ru Uliana Zinina


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