Re: [tor-relays] Legal status of operating Tor exit in UK?

On Tue, Sep 8, 2015 at 9:04 PM, Jonathan Baker-Bates <jonathan@xxxxxxxxxxxxxx> wrote:

So does anyone know of any reliable source of information on running Tor exits in the UK?

No but I run several UK based Tor exits and have had little issue other than the usual abuse reports, that said the relays in question are operated by a separate legal entity that is it's own ISP (RIR allocation / ASN etc).

What would happen if my ISP pressed me to monitor my traffic, and I refused on legal grounds? I'm not suggesting I actually do that, or that there are even any legal grounds to refuse.

**** IANAL **** but to elaborate on something that Thomas said there is also a consideration of the Regulation of Investigatory Powers Act, the Data Retention and Investigatory Powers Act and Counter Terrorism and Security Act.

Starting with RIPA s1.

It shall be an offence for a person intentionally and without lawful authority to intercept, at any place in the United Kingdom, any communication in the course of its transmission by means ofâ

(a)a public postal service; or

(b)a public telecommunication system.

ÂRIPA s2. defines interception;

(2)For the purposes of this Act, but subject to the following provisions of this section, a person intercepts a communication in the course of its transmission by means of a telecommunication system if, and only if, heâ

(a)so modifies or interferes with the system, or its operation,

(b)so monitors transmissions made by means of the system, or

(c)so monitors transmissions made by wireless telegraphy to or from apparatus comprised in the system,

as to make some or all of the contents of the communication available, while being transmitted, to a person other than the sender or intended recipient of the communication.

Finally an act is unlawful if it falls foul of s1 (5);

(5) Conduct has lawful authority for the purposes of this section if, and only ifâ

(a) it is authorised by or under section 3 or 4;

(b) it takes place in accordance with a warrant under section 5 (âan interception warrantâ); or

(c) it is in exercise, in relation to any stored communication, of any statutory power that is exercised (apart from this section) for the purpose of obtaining information or of taking possession of any document or other property;

So it would seem that RIPA (which is due to be replaced in the next couple of months by the Investigatory Powers Bill) says that you are not allowed to intercept data.

Moving on to the Data Retention and Investigatory Powers Act (and by extension the Counter Terrorism and Security Act) there is s1. of DRIPA which says;

The Secretary of State may by notice (a âretention noticeâ) require a public telecommunications operator to retain relevant communications data if the Secretary of State considers that the requirement is necessary and proportionate for one or more of the purposes falling within paragraphs (a) to (h) of section 22(2) of the Regulation of Investigatory Powers Act 2000 (purposes for which communications data may be obtained

s2. defines a telecommunications operator;

âpublic telecommunications operatorâ means a person whoâ
(a) controls or provides a public telecommunication system, or
(b) provides a public telecommunications service;

âpublic telecommunications serviceâ and âpublic telecommunication systemâ have the meanings given by section 2(1) of the Regulation of Investigatory Powers Act 2000;

Section 2(1) of RIPA has many definitions but this one closest applies to Tor;

âtelecommunication systemâ means any system (including the apparatus comprised in it) which exists (whether wholly or partly in the United Kingdom or elsewhere) for the purpose of facilitating the transmission of communications by any means involving the use of electrical or electro-magnetic energy.

So, the Secretary of State or the Police can serve you a retention notice or an interception warrant allowing you to intercept data, past that point you can probably point to RIPA and say it'd be illegal.