Abuse procedure in YANDEX domain names vs trademarks

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

About 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. xml

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

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

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

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.

Goals of the Procedure are: 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.

The Procedure of an anonymous content restriction: 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.

Domain name disputes • 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

Law and Selfregulation • 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

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