Re: [tor-talk] William was raided for running a Tor exit node. Please help if you can.

[Eugen Leitl <eugen@xxxxxxxxx>]

----- Forwarded message from "Michael Froomkin - U.Miami School of Law" <froomkin@xxxxxxxxxxxxx> -----

From: "Michael Froomkin - U.Miami School of Law" <froomkin@xxxxxxxxxxxxx>
Date: Thu, 29 Nov 2012 19:29:46 -0500 (EST)
To: "Naslund, Steve" <SNaslund@xxxxxxxxxxx>
Cc: NANOG <nanog@xxxxxxxxx>
Subject: RE: William was raided for running a Tor exit node. Please help if
	you can.
User-Agent: Alpine 2.00 (LRH 1167 2008-08-23)
Reply-To: froomkin@xxxxxx

On Thu, 29 Nov 2012, Naslund, Steve wrote:

[...]
>
> When it comes to running an open access point, I think the legal issue
> would be negligence.  Is it negligence for the 90 year old grandma to
> have an open AP (probably not, just didn't know better)?  Is it
> negligence for me to have an open AP (probably, I am a network
> professional and know how to secure a network).
>

In order for there to be a civil claim of negligence there must be, inter  
alia, a breach of duty.

What duty has been breached in your scenario?  None.

[...]
>
> This is certainly an interesting discussion and I think there are not a
> lot of concrete answers since this is on the edge of technology law.  I

Actually some of us have been teaching and writing about this stuff since  
the mid 1990s.  These issues are far from new; we went through them in the  
early anonymous remailer days.

<relurk>

-- 
A. Michael Froomkin, http://www.law.tm Blog: http://www.discourse.net
Laurie Silvers & Mitchell Rubenstein Distinguished Professor of Law
Editor, Jotwell: The Journal of Things We Like (Lots),  jotwell.com
U. Miami School of Law, P.O. Box 248087, Coral Gables, FL 33124 USA
+1 (305) 284-4285  |    +1 (305) 284-6506 (fax)  |  froomkin@xxxxxx
                       -->It's warm here.<--

----- End forwarded message -----
-- 
Eugen* Leitl <a href="http://leitl.org";>leitl</a> http://leitl.org
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