Hallo,
this EU-directive really sounds like beeing written just for Tor-Nodes !
But the question for me is: Are the EU-countries forced to implement
("harmonize") those directives (its from the year 2000 and I've never heard of
it) ?
Or is it just a "wish" like human rights, and the EU-mebers can do whatever
they want (see France with HADOPI etc, the Stockholm program, ....) ?
Greetings,
Niklas
Am Montag 03 August 2009 04:45:23 schrieb Scott Bennett:
> On Sun, 02 Aug 2009 20:27:21 +0200 Jirka Svoboda <rust7@xxxxxxxxx>
>
> wrote:
> >In time past I have riceived some infringement notices so I have already
> >done some research into legal status of proxies.
> >
> >To my knowledge, the most significant document to this topic is the
> >Directive of the Council 2000/31/EC "on certain legal aspects of
> >information society services", which states explicitly in article 12:
> >
> >quote
> >
> >1. Where an information society service is provided that consists of the
> >transmission in a communication network of information provided by a
> >recipient of the service, or the provision of access to a communication
> >network, Member States shall ensure that the service provider is not
> >liable for the information transmitted, on condition that the provider:
> >(a) does not initiate the transmission;
> >(b) does not select the receiver of the transmission; and
> >(c) does not select or modify the information contained in the
> > transmission.
> >
> >/quote
>
> This is very interesting. I wonder what constitutes "an information
> society" and "an information society service" in the legal senses used
> above.
>
> >Please note that initiation of transmission is not that your computer
> >initiated some port, it is a "willful act" of the initiator, i.e. that
> >someone "presses enter" after writing in the address bar.
> >
> >Member states should (are obliged?) to follow this directive in their
> >legal systems.
> >
> >I live in the Czech Republic and after explaining tor and referencing
> >this Directive, nobody bothered me any further!
> >
> >Wishing best luck. Please let us know what is your situation look like.
> >And dont let yourself get bullied, I'm 99,999% sure you are not liable.
> >What about free wifis in pubs, libraries etc? Is the librarian a
> >criminal? It is a nonsense.
> >
> >Also, dont forget to mention that you do it for Chinese and Iranian
> >dissidents ;)
>
> Unless one also lives under a government that dislikes dissent and
> dissidents, of course. :-) China and Iran are, unfortunately, not the
> only ones.
>
>
> Scott Bennett, Comm. ASMELG, CFIAG
> **********************************************************************
> * Internet: bennett at cs.niu.edu *
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