There is also the risk that they seize your server and get a FISA warrant three days later.So I was doing some research into the EFF vs. AT&T case because it's happening right in my backyard and it's fascinating as all get-out, and I came across 18 USC 2707 (of the ECPA):
http://www4.law.cornell.edu/uscode/html/uscode18/ usc_sec_18_00002707----000-.html
This seems to state that if a server or traffic is seized without good faith and probable cause (and a warrant) that the owner of that server has civil avenues of remedy against the government ($1000/email account + legal costs). Since several friends of mine have email accounts on the machine that also runs my Tor node, it would seem this is applicable here. I updated my disclaimer at
http://tor-exit.fscked.org/
to reflect this, as well as to better identify a Tor node for what it is (as far as the law is conerned): an Internet router just like any other, except that it does not maintain the source address of packets.
Based on these grounds, it would seem that what happened in France should be pretty impossible in the US, at least legally, since probable cause should not exist.
But as we know, the US government doesn't seem to be too fond of following the law anymore. So there's always that element of risk.
I suppose they probably will try to claim in EFF v AT&T that they DO
have probable cause to tap the Internet traffic of the entire
west coast... But of course that claim is classified, so none of us (nor
even EFF) will get to see it. Genius and insanity oft go hand in hand.
-- Mike Perry Mad Computer Scientist fscked.org evil labs
Attachment:
PGP.sig
Description: This is a digitally signed message part