[Author Prev][Author Next][Thread Prev][Thread Next][Author Index][Thread Index]

Re: [tor-talk] UK child stealing (sorry its off topic but it is relevant)

>> Very important topics indeed, but there are many other forums.
>> Can someone explain how this is relevant to Tor usage or
>> support or development?

Its only relevant if the matter in question is one where the 
use of Tor, or its development, is part of the legality (or
otherwise)of the subject in question.

I haven't been able to follow this thread (being in hospital) but the
only case that I'm aware of in which a court can order a gagging order
such as this, is that of a Super Injunction.

These are usually made in libel cases, and you cannot talk about the
Super Injunction, publish anything about it (ie. so that the fact of
its issue and/or the content, is seen by more than two people) or refer
to it in any way.  You could be fined for a Contempt of Court, which
"Private Eye" (the well-known satirical magazine in the UK) has found
to its cost.  The fine can be for many thousands of pounds sterling.

As far as the internet, and the use of Tor, are concerned I would think
(and I am by no means an authority) that if you used Tor and an OpenPGP
standard program (such as PGP or GnuPG) you would be safe, because you
intend the decrypted text to be seen by no more than two people and the
problem would reside with the recipient.

However, if you blog or put on a webpage (for example), you would
intend the information to be seen and read by more than two people, and
then be subject to a fine for Contempt of Court. Some time ago (about
10 years) I checked this with a Solicitor in the UK, but I have not had
the need to do so since.

The law in the UK may well have changed during the last decade and
nobody should regard my comments as the final word on the matter. I
think that even a defence that its publicity is in the 'public
interest' would exist in the case of a Super Injunction but it may well
do in the case of a simple Court Order.

-- Graham Todd

To guarantee your online rights and freedoms, join an 
organisation such as ORG (the Open Rights Group) and
become active within it (see www.openrightsgroup.org)

Attachment: signature.asc
Description: PGP signature

tor-talk mailing list - tor-talk@xxxxxxxxxxxxxxxxxxxx
To unsubscribe or change other settings go to