On Sat, Aug 7, 2010 at 2:48 AM, Mike Perry <[email protected]> wrote: > Ideally, it would be great to hear from Wendy, Seth, and/or Peter to
You called? :) As far as the law goes, ISPs should not face liability for users' bad acts if they do not specifically assist or benefit from them. They offer general-purpose transit (like, but not quite the same as common carriage, which is defined by law both to prohibit discrimination and to remove liability). Tor node operators should be in a similar position -- we're offering general purpose technology, for plenty of uses recognized as lawful, and can't block particular uses without breaking the generality and limiting the functionality of the node. This is mostly common law (contributory and vicarious liability, or aiding and abetting), not statute. Unfortunately, what the ISP can lawfully do, and what it chooses to allow customers to do are often far apart. They're often motivated by how much nuisance someone else causes them, rather than the law. If you can share with me ([email protected]) some of the complaints, I will think about additional responses to use in the persuasion. --Wendy -- Wendy Seltzer http://wendy.seltzer.org/blog/ *********************************************************************** To unsubscribe, send an e-mail to [email protected] with unsubscribe or-talk in the body. http://archives.seul.org/or/talk/
