Re: Tor WIN in germany :)

[Andrew Lewman <andrew@xxxxxxxxxxxxxx>]

On 10/29/2009 03:07 PM, morphium wrote:
> 2 hours ago I left court with a verdict of not guilty :) They accused
> me of fraud & computer fraud, because someone ordered something via my
> Tor node. I think this is the first Tor verdict in germany, isn't it?

Congratulations on proving your innocence; or conversely, not being
convicted of a crime (because we're innocent before proven guilty).

Not to detract from this, but it seems like you're accused of your IP
address conducting fraud, and through that, yourself conducting fraud.
Is it specifically because of Tor? Or if you ran any proxy software, or
were an unknowing participant in a botnet, would the charges be any
different?

I'm trying to understand this distinction, because the German press has
a habit of misunderstanding the details and claiming Tor operators are
targeted by law enforcement.  The reality could be 500 computers were
confiscated and 5 were Tor exit nodes.  The press has only focused on
those 5 tor exit nodes claiming the existence of Tor is the reason for
the confiscation.  This is incorrect.

The real reason, at least explained to us to by law enforcement, is the
computers were targeted because they have a log file, a list of IPs, and
those who were assigned the IP at the time.  They head out to collect
all the computers at each address and don't know what to expect.

If your lawyer wishes to talk about these details in relation to the
press release, I'm happy to talk to him/them.

Still, congrats on your continued freedom.

-- 
Andrew Lewman
The Tor Project
pgp 0x31B0974B

Website: https://torproject.org/
Blog: https://blog.torproject.org/
Identi.ca: torproject
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