Re: [tor-relays] Registration of a Tor node at the German Bundesnetzagentur

[tor-admin <tor-admin@xxxxxxxxxx>]

On Wednesday 02 January 2013 14:56:59 Moritz Bartl wrote:
> There is a fundamental legal difference between operating Internet
> Access Providers and Internet Service Providers. As a Tor exit, you
> should and want to be judged as a service provider. The key difference
> is that Access Providers give you Internet access, whereas Service
> Providers (Telemediendienste, "tele media services") give you services
> which require (existing) network access.
> 
> Access Providers are bound to the Telekommunikationsgesetz:
> http://www.gesetze-im-internet.de/tkg_2004/
Reading the law it is still unclear to me if a Tor node operator is a 
"Diensteanbieter" (service provider) as defined by the 
Telekommunikationsgesetz. If yes the law is pretty clear in § 6 that such a 
service has to be registered at the Bundesnetzagentur if it is done 
commercially. 
> 
> Whereas service providers are bound to the Telemediengesetz:
> http://www.gesetze-im-internet.de/tmg/
> 
> Most interesting for exit operators within German borders are:
> §8 - no liability for forwarded content (compare §512a DMCA USA)
> §15 - you are not allowed to collect or store user identifying data
> unless required for billing purposes

These paragraphs surely help Tor operators. 

Thanks for your comments.

Torland

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