Re: No data retention in germany for donated services

["Karsten N." <tor-admin@xxxxxxxxxxxxxxxxxxxx>]

Seth David Schoen schrieb:
> NO DATA RETENTION FOR FREE-OF-CHARGE SERVICES
> 
>   Original German text of this article "Keine Vorratsdatenspeicherung für
>   unentgeltliche Dienste" is available at
> 
>   http://www.daten-speicherung.de/index.php/keine-vorratsdatenspeicherung-fuer-unentgeltliche-dienste/ 
> 
>   Copyright 2008 Patrick Breyer; licensed under Creative Commons BY-2.0
>   (Germany) license.
> 
>   http://creativecommons.org/licenses/by/2.0/de/
> 
>   Translation by Seth Schoen.  This text version omits hyperlinks to the
>   German text of laws, treaties, and court decisions which appear in-line
>   in the original German version.

The article by Patrick Breyer and the translation by Seth Schoen gives
the information about one main reason, why Tor nodes are not affected
by the EU data retention an the German data retention law §113a TKG.

Supported by qualified lawyers, we have identified one or two more
points, why tor nodes has to be data retention free, but these points
are technical and more difficult to communicate with the judiciary.

So we ask the tor community, to keep tor non-commercial at all. If a
commercial version of tor was online, it will be much more difficult
in the next time, to fight against data retention in EU.

Yes, it is possible, to make a data retention law for donated services
in EU too. But this will takes time. We can use this time, to make tor
more robust against this attack.

We will keep the German tor admins and the board of torproject.org
up-to-date about the lawyers expert opinion but with respect to the
recommendation of the lawyers, we will not publish it at the moment.

Regards
Karsten N.