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Re: Disclaimer Update

Civil cases can be discarded if the government gets the judge to agree that secrecy requirements are hampering the government's case. If they didn't have probable cause, they will say "Oh, its classified" and get the case dismissed. I am not a lawyer, but it looks like you are screwed out of the server either way. You should consult a lawyer to determine what your status is. Or you could wait until the server gets taken.
On May 20, 2006, at 7:53 AM, Mike Perry wrote:

So I was doing some research into the EFF vs. AT&T case because it's
happening right in my backyard and it's fascinating as all get-out,
and I came across 18 USC 2707 (of the ECPA):

http://www4.law.cornell.edu/uscode/html/uscode18/ usc_sec_18_00002707----000-.html

This seems to state that if a server or traffic is seized without
good faith and probable cause (and a warrant) that the owner of that
server has civil avenues of remedy against the government ($1000/email
account + legal costs).
Since several friends of mine have email accounts on the machine that
also runs my Tor node, it would seem this is applicable here. I
updated my disclaimer at


to reflect this, as well as to better identify a Tor node for what it
is (as far as the law is conerned): an Internet router just like any
other, except that it does not maintain the source address of packets.

Based on these grounds, it would seem that what happened in France
should be pretty impossible in the US, at least legally, since
probable cause should not exist.

But as we know, the US government doesn't seem to be too fond of
following the law anymore. So there's always that element of risk.
There is also the risk that they seize your server and get a FISA warrant three days later.

I suppose they probably will try to claim in EFF v AT&T that they DO
have probable cause to tap the Internet traffic of the entire
west coast... But of course that claim is classified, so none of us (nor
even EFF) will get to see it. Genius and insanity oft go hand in hand.

Mike Perry
Mad Computer Scientist
fscked.org evil labs

Watson Ladd
"Those who would give up Essential Liberty to purchase a little Temporary Safety deserve neither Liberty nor Safety."
-- Benjamin Franklin

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