On Mon, Apr 24, 2006 at 11:52:46PM -0400, [EMAIL PROTECTED] wrote: > All legal disclaimers aside, would a ToS clause like this prohibit > running one of these Tor servers? Or is this just a dumb question?
It's not a dumb question...if one is a lawyer. :) The way onion routers work, no one is deliberately munging headers in a deceptive way (e.g forging packet headers). On the other hand, the system as a whole *is* disguising the origin of the original packets by bouncing it around inside the tor network before it emerges from an exit server--that's the whole point of a privacy proxy, after all. If it ever went to court, my non-legal opinion is that it probably violates the *spirit* of their TOS, even if it doesn't violate the letter of it. And since most TOS state that whether something violates the TOS is pretty much in the provider's sole discretion, you're pretty much fubared regardless. As a great example of this, check out Charter's TOS. It basically says that they can find you in violation of their AUP anytime they want without any proof, you indemnify them for doing so and have no legal recourse, and if you sue them anyway you have to pay all their legal bills. Whether a judge would uphold such an obviously one-sided click-wrap "contract" is debatable, but I'd personally hate to be the test case. :) -- Re-Interpreting Historic Miracles with SED #141: %s/water/wine/g _______________________________________________ RLUG mailing list [email protected] http://lists.rlug.org/mailman/listinfo/rlug
