I would think that a good lawyer would point out the absurdity of the node operator having any responsibility. Just because someone builds a road and that road is used to commit a crime does it make the road builder responsible? Of course not. Node operators are not monitoring or filtering traffic and have no knowledge whatsoever how the traffic is being used. -- Christopher Booth
________________________________ From: Joe Btfsplk <[email protected]> To: [email protected] Sent: Tuesday, July 1, 2014 7:49 PM Subject: Re: [tor-talk] Liability to Prosecution for Operating Tor Nodes in Austria On 7/1/2014 6:35 PM, flapflap wrote: > Hi, > > FYI (both only in German): > https://network23.org/blackoutaustria/2014/07/01/to-whom-it-my-concern/ > (via https://blog.fefe.de/?ts=ad4dd623) > > (I'm not familiar with the language of law, just try to summarize it to > inform you; maybe someone else could translate it more accurately...) > > A court in Austria ruled that one can be held liable to prosecution for > operating a Tor Exit [but likely also Middle] Node, when it is used by > someone to commit a criminal action. > > The judge justifies the decision by §12 of the penal code: > "Not only the direct perpetrator commits a criminal action, but also > everyone who appoints someone else to commit it or otherwise adds to its > execution." > > what a sad and poor decision :( > > To cite (and roughly translate) Fefe: > "As a precaution, Austrians should stop operating communication > infrastructure like Jabber, email, and web servers with comment or > upload functionality, or telephones and fax machines. If I [Fefe] were > the post, I [Fefe] would stop operations, too." > > ~flapflap > Wouldn't that mean that any mainstream ISP would also be liable for one of their customers committing a crime while using their service? Or GM is liable if a driver of a GM car gets drunk & injures someone? -- tor-talk mailing list - [email protected] To unsubscribe or change other settings go to https://lists.torproject.org/cgi-bin/mailman/listinfo/tor-talk -- tor-talk mailing list - [email protected] To unsubscribe or change other settings go to https://lists.torproject.org/cgi-bin/mailman/listinfo/tor-talk
