Ideally, it would be great to hear from Wendy, Seth, and/or Peter to cite specific precedent, but my understanding is the key legal concept is that Tor routers are common carriers, and provide transit for any material that attempts to use them. There is quite a bit of legal precedent in the US that protects communication carriers from liability. This is also a main reason why we discourage attempts to monitor and filter Tor exit traffic, because your legal responsibilities change. So long as you are acting as a common carrier, you are no more personally liable for events that traverse your network than Comcast, Sprint, or Level3. Now personally, I think that what might be more likely to win you points with your ISP is to reiterate that these events are extremely rare in comparison to the number of requests and the amount of traffic that you carry. The overwhelming majority of people are using the service legitimately, and the incident rate is close to that of the normal Internet. It also helps to remind them that for serious cases, traditional police work is still very effective. Almost all crimes (especially harassment) are committed by people with means, motive, and opportunity. These three factors are far more damaging to anonymity sets than IP addresses, and the police have been working with anonymously delivered harassment letters and the like for centuries. Thus spake Trystero Lot (lot49@xxxxxxxxxx): > same thing with me. 2 weeks ago the isp called and told that my server > being used for "scam" . it's my first time since running an exit for > the last 3 months or so. > > On 8/7/10, Moritz Bartl <tor@xxxxxxxxxxxxxx> wrote: > > Hi, > > > > The Tor website provides pretty good legal information and references in > > regard to DMCA complaints (to supposedly ease the communication with the > > ISP). I had to limit our exit policy for the US node anyway, so the only > > complaints my ISP is receiving now are worse cases, ie. actual abuse: > > Hacking, spamming, defacements, you name it. Today for example, an > > individual contacted my ISP about his (successfully) hacked email > > account using one of our Tor exit nodes. > > > > I know that this is probably a hard question, but are there any > > paragraphs in US law I can quote to make my ISP feel more comfortable > > about that? And me? :) > > > > Moritz > > http://www.torservers.net/ > > *********************************************************************** > > To unsubscribe, send an e-mail to majordomo@xxxxxxxxxxxxxx with > > unsubscribe or-talk in the body. http://archives.seul.org/or/talk/ > > > *********************************************************************** > To unsubscribe, send an e-mail to majordomo@xxxxxxxxxxxxxx with > unsubscribe or-talk in the body. http://archives.seul.org/or/talk/ -- Mike Perry Mad Computer Scientist fscked.org evil labs
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