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
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